Texas House Bill HB4484

Texas 2023 - 88th Regular

• Filed: 3/9/23

Caption

Relating to the ownership of the pore space underlying the surface of land and to the use of that space for the geologic storage of carbon dioxide; authorizing a fee.

Impact

The implications of HB 4484 on existing state laws are significant, particularly concerning property rights and environmental regulations. By defining ownership of the subsurface space for carbon storage purposes, the bill aims to promote the development of carbon capture projects within Texas. This could lead to economic benefits and positioning the state as a leader in carbon management and environmental stewardship. However, it essentializes the balance between productive land use for agricultural purposes and the emerging needs of carbon storage, prompting discussions on how to protect landowner rights while promoting advancements in carbon capture.

Summary

House Bill 4484 seeks to clarify the ownership rights concerning the pore space beneath the surface of land for the purpose of geologic carbon dioxide storage. As carbon capture technology becomes increasingly important in addressing climate change, this legislation aims to establish a regulatory framework that facilitates this process. It authorizes landowners to utilize the pore space beneath their properties while providing guidelines that govern the use of this space for carbon storage, ultimately encouraging investment in environmentally beneficial technologies and practices.

Sentiment

The sentiment around House Bill 4484 is mixed, showcasing a divide between proponents and opponents. Supporters, including groups like the Carbon Capture Coalition, emphasize that the bill provides necessary regulations and liability protections that would foster investments in carbon capture technology. They argue this is crucial for combating climate change and ensuring a stable future regarding environmental practices. Conversely, groups such as the Texas Cattle Raisers Association voiced strong opposition, citing concerns that the bill may infringe upon the rights of landowners and disrupt traditional agricultural practices.

Contention

A notable point of contention among stakeholders revolves around landowners' rights. The debate lies in whether the establishment of regulations for carbon dioxide storage could undermine the autonomy of property owners. Opponents express fears that the bill may allow for the imposition of restrictions that could adversely affect agricultural land use, while proponents argue that clear guidelines can prevent legal disputes and encourage responsible development. This tension highlights the ongoing struggle between advancing environmental technologies and preserving the foundational rights of landownership in Texas.

Texas Constitutional Statutes Affected

Health And Safety Code

• Chapter 382. Clean Air Act
  • Section: 502

Natural Resources Code

• Chapter 91. Provisions Generally Applicable
  • Section: 802

• Chapter 121. Ownership And Stewardship Of Anthropogenic Carbon Dioxide
  • Section: New Section

Water Code

• Chapter 27. Injection Wells
  • Section: 002
  • Section: 045
  • Section: 046
  • Section: 051
  • Section: 073