Section 6.103 - Applicability and Compliance(a) This subchapter applies to shallow closed-loop geothermal systems in this state for which construction is commenced on or after January 6, 2025.(b) Any shallow closed-loop geothermal system in this state which was constructed before January 6, 2025, is exempt from the requirements of this subchapter unless altered, deteriorated, abandoned, or determined by the Director to:(1) encounter groundwater that is detrimental to human health and the environment or cause pollution to land, surface water, or other groundwater;(2) cause a violation of primary drinking water regulations under 40 CFR Part 142 ; or(3) otherwise adversely affect human health or the environment.(c) This subchapter does not apply to:(1) open-loop air-conditioning return flow wells used to return water that has been used for heating or cooling in a heat pump to the aquifer that supplied the water;(2) other geothermal injection wells; or(3) pond/lake geothermal heat pump systems.(d) Compliance with this subchapter does not relieve the driller or installer from compliance with the licensing requirements of TDLR regulations adopted under Texas Occupations Code, Chapters 1901 and 1902.16 Tex. Admin. Code § 6.103
Adopted by Texas Register, Volume 50, Number 01, January 3, 2025, TexReg 0103, eff. 1/6/2025