| (a) This rule contains the memorandum of understanding (Memorandum)
made and entered into among the Office of the Secretary of State, the Railroad
Commission of Texas (RRC), the Texas Historical Commission (THC), the Texas
General Land Office (GLO), the Texas Natural Resource Conservation Commission
(TNRCC), and the Texas Public Utility Commission (PUC) regarding the permitting
of natural gas pipelines that cross the border between Texas and Mexico.
(1) Whereas, the Office of the Secretary of State recognizes,
with respect to building natural gas pipelines that cross the border between
Texas and Mexico, that the energy needs of the citizens of Texas and Mexico
can be met more efficiently if the permitting process in the State of Texas
were organized in a manner that reduces the number of agency contacts a potential
permittee must make and assures that the potential permittee secures all appropriate
permits.
(2) Whereas, the Office of the Secretary of State, on the advice
and consent of the other parties to this Memorandum, further recognizes the
RRC is particularly well-equipped to serve as the central state agency that
reduces the number of agency contacts a potential permittee must make and
assures that the potential permittee secures all appropriate permits for building
natural gas pipelines that cross the border between Texas and Mexico.
(3) Whereas, the RRC is responsible for issuing hydrostatic
test water discharge permits, issuing opinions to the United States Army Corps
of Engineers (USACE) concerning Clean Water Act, §401, water quality
certification, and assuming responsibility for reviewing USACE, Section 10,
navigability clearance, with respect to building natural gas pipelines that
cross the border between Texas and Mexico.
(4) Whereas, the THC in its role as the state historic preservation
office, is responsible for ensuring that adverse effects on historic properties
are avoided or minimized with respect to building natural gas pipelines that
cross the border between Texas and Mexico.
(5) Whereas, with respect to building natural gas pipelines
that cross the border between Texas and Mexico, the GLO is responsible for
issuing easements for portions of the Rio Grande River that have not been
deeded to the United States government.
(6) Whereas, the TNRCC is responsible for issuing permits to
withdraw United States-owned water from the Rio Grande River, its tributaries,
and any other Texas stream for hydrostatic testing and permits for operations
of certain pipeline facilities which emit air contaminants with respect to
building natural gas pipelines that cross the border between Texas and Mexico.
(7) Whereas, the PUC does not issue permits with respect to
building natural gas pipelines that cross the border between Texas and Mexico,
but may in some instances play a role in such projects.
(8) Whereas, the RRC, THC, GLO, TNRCC, and PUC recognize that,
with respect to building natural gas pipelines that cross the border between
Texas and Mexico, the permit requirements from the various state agencies
are necessary to protect public health and safety and cultural resources.
(9) Whereas, the RRC, THC, GLO, TNRCC, and PUC fully concur
with the Office of the Secretary of State that, with respect to building natural
gas pipelines that cross the border between Texas and Mexico, the energy needs
of the citizens of Texas and Mexico can be met more efficiently if the permitting
process in the State of Texas were organized in a manner that reduces the
number of agency contacts a potential permittee must make and assures that
the potential permittee secures all appropriate permits.
(10) Now, therefore, in consideration of the benefits to the
State of Texas, the Office of the Secretary of State, the RRC, THC, GLO, TNRCC,
and PUC enter into this Memorandum and hereby agree as follows.
(A) The RRC, THC, GLO, and TNRCC shall prepare an inventory
of all known permits each agency may require with respect to building natural
gas pipelines that cross the border between Texas and Mexico. The inventory
shall include a list of each agency's permits identified by name and/or number,
and identify the appropriate staff contact person by name, phone number, and
e-mail address for each permit.
(B) The RRC, THC, GLO, TNRCC, and PUC mutually agree the RRC
is designated as the distributor for applicable state permit applications,
initial screener of completed applications for completeness, and facilitator
among the other parties to this Memorandum for applicants who wish to build
natural gas pipelines that cross the border between Texas and Mexico. The
RRC, THC, GLO, TNRCC, and PUC further agree to encourage other relevant state
and federal agencies to engage in this process as the necessity for and convenience
provided by their participation becomes apparent.
(C) Within 30 days of the effective date of this Memorandum,
RRC shall implement a system and designate personnel to distribute all notices
of permit requirements, permit applications, and instructions for permit submission
to persons who wish to build natural gas pipelines that cross the border between
Texas and Mexico.
(b) This Memorandum shall be effective as of the date of the
last signature on the document. Any party may withdraw from this Memorandum
at any time upon 30 days written notice to the other parties.
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