Texas 2019 - 86th Regular

Texas House Bill HB4423 Compare Versions

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1	1	By: Zwiener H.B. No. 4423
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to surface remediation and the restoration of land
7	7	disturbed by the installation of a pipeline.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 81.067(c), Natural Resources Code, as
10	10	amended by Chapters 57 (H.B. 1818), 72 (S.B. 1422), and 324 (S.B.
11	11	1488), Acts of the 85th Legislature, Regular Session, 2017, is
12	12	reenacted and amended to read as follows:
13	13	(c) The fund consists of:
14	14	(1) proceeds from bonds and other financial security
15	15	required by this chapter and benefits under well-specific plugging
16	16	insurance policies described by Section 91.104(c) that are paid to
17	17	the state as contingent beneficiary of the policies, subject to the
18	18	refund provisions of Section 91.1091, if applicable;
19	19	(2) private contributions, including contributions
20	20	made under Section 89.084;
21	21	(3) expenses collected under Section 89.083;
22	22	(4) fees imposed under Section 85.2021;
23	23	(5) costs recovered under Section 91.457 or 91.459;
24	24	(6) proceeds collected under Sections 89.085 and
25	25	91.115;
26	26	(7) interest earned on the funds deposited in the
27	27	fund;
28	28	(8) oil and gas waste hauler permit application fees
29	29	collected under Section 29.015, Water Code;
30	30	(9) costs recovered under Sections [Section]
31	31	91.113(f) and 91.1133(f);
32	32	(10) hazardous oil and gas waste generation fees
33	33	collected under Section 91.605;
34	34	(11) oil-field cleanup regulatory fees on oil
35	35	collected under Section 81.116;
36	36	(12) oil-field cleanup regulatory fees on gas
37	37	collected under Section 81.117;
38	38	(13) fees for a reissued certificate collected under
39	39	Section 91.707;
40	40	(14) fees collected under Section 91.1013;
41	41	(15) fees collected under Section 89.088;
42	42	(16) fees collected under Section 91.142;
43	43	(17) fees collected under Section 91.654;
44	44	(18) costs recovered under Sections 91.656 and 91.657;
45	45	(19) fees collected under Section 81.0521;
46	46	(20) fees collected under Sections 89.024 and 89.026;
47	47	(21) legislative appropriations;
48	48	(22) any surcharges collected under Section 81.070;
49	49	(23) fees collected under Section 91.0115;
50	50	(24) fees collected under Subchapter E, Chapter 121,
51	51	Utilities Code;
52	52	(25) fees collected under Section 27.0321, Water Code;
53	53	[and]
54	54	(26) fees collected under Section 81.071; and
55	55	(27) [(26)] money collected under Section 81.021.
56	56	SECTION 2. Section 91.109, Natural Resources Code, is
57	57	amended by adding Subsection (d) to read as follows:
58	58	(d) This subsection applies only to a pipeline operator
59	59	described by Section 91.1133. A pipeline operator shall file an
60	60	additional bond, letter of credit, or cash deposit in an amount
61	61	equal to $1,000 for each mile of pipeline, conditioned that the
62	62	pipeline operator will comply with the requirements of Section
63	63	91.1133(a).
64	64	SECTION 3. Subchapter D, Chapter 91, Natural Resources
65	65	Code, is amended by adding Section 91.1133 to read as follows:
66	66	Sec. 91.1133. SURFACE REMEDIATION BY PIPELINE OPERATOR OR
67	67	COMMISSION. (a)
68	68	A pipeline operator required to file an
69	69	organization report under Section 91.142 who is not involved in an
70	70	activity that is associated with the ownership or operation of
71	71	wells and is not listed in Section 91.109(b)(1) shall, after the
72	72	installation of the pipeline, promptly restore to its former
73	73	condition of usefulness land that is owned by a person other than
74	74	the pipeline operator and is disturbed by the installation of the
75	75	pipeline.
76	76	(b) The commission may use money in the oil and gas
77	77	regulation and cleanup fund to restore to its former condition of
78	78	usefulness land that is disturbed by the installation of a pipeline
79	79	and is owned by a person other than a pipeline operator if the
80	80	landowner requests that the commission restore the land and the
81	81	pipeline operator:
82	82	(1) has failed or refused to restore the land after
83	83	notice and opportunity for hearing; or
84	84	(2) is unknown, cannot be found, or has no assets with
85	85	which to restore the land.
86	86	(c) The commission or its employees or agents, on proper
87	87	identification, may enter the land of another for the purpose of
88	88	restoring land under this section.
89	89	(d) Restoration of land by the commission under this section
90	90	does not prevent the commission from seeking penalties or other
91	91	relief provided by law from the pipeline operator.
92	92	(e) The commission and its employees are not liable for any
93	93	damages arising from an act or omission if the act or omission is
94	94	part of a good-faith effort to carry out this section.
95	95	(f) If the commission restores land under this section, the
96	96	commission may recover all costs incurred by the commission from
97	97	the pipeline operator. The commission by order may require the
98	98	pipeline operator to reimburse the commission for those costs or
99	99	may request the attorney general to file suit against the pipeline
100	100	operator to recover those costs. At the request of the commission,
101	101	the attorney general may file suit to enforce an order issued by the
102	102	commission under this subsection. A suit under this subsection may
103	103	be filed in any court of competent jurisdiction in Travis County.
104	104	Costs recovered under this subsection shall be deposited to the oil
105	105	and gas regulation and cleanup fund.
106	106	SECTION 4. Sections 91.109(d) and 91.1133, Natural
107	107	Resources Code, as added by this Act, apply only to a person
108	108	required to file a bond or other form of financial security on or
109	109	after the effective date of this Act. A person required to file a
110	110	bond or other form of financial security under Section 91.109,
111	111	Natural Resources Code, before the effective date of this Act or who
112	112	completes the installation of a pipeline before the effective date
113	113	of this Act is governed by the law as it existed immediately before
114	114	the effective date of this Act, and that law is continued in effect
115	115	for that purpose.
116	116	SECTION 5. Chapter 91, Natural Resources Code, is amended
117	117	by adding Subchapter B-1 to read as follows:
118	118	SUBCHAPTER B-1. DUTIES RELATING TO PIPELINES
119	119	Sec. 91.031. APPLICABILITY. This subchapter applies only
120	120	to pipelines under the jurisdiction of the commission's pipeline
121	121	safety and regulatory program.
122	122	Sec. 91.032. RESTORATION OF DISTURBED LAND. A pipeline
123	123	operator is entitled to install, maintain, and operate a pipeline
124	124	only if the pipeline operator ensures that land owned by a person
125	125	other than the pipeline operator that is used for agricultural
126	126	purposes or set aside for the preservation of wildlife and is
127	127	disturbed by the installation, maintenance, or operation of the
128	128	pipeline is promptly restored to its former condition of usefulness
129	129	after the installation, maintenance, or operation of the pipeline
130	130	facility is complete.
131	131	SECTION 6. Subchapter B, Chapter 26, Water Code, is amended
132	132	by adding Section 26.0421 to read as follows:
133	133	Sec. 26.0421. PIPELINE EASEMENT MONITORING. (a) The
134	134	commission shall establish a program to monitor the restoration of
135	135	grading of land in pipeline right-of-way easements to protect water
136	136	quality in this state and ensure that soil composition in the area
137	137	of the easement remains consistent.
138	138	(b) The commission may collaborate with the Railroad
139	139	Commission of Texas as needed for the purposes of this section.
140	140	SECTION 7. To the extent of any conflict, this Act prevails
141	141	over another Act of the 86th Legislature, Regular Session, 2019,
142	142	relating to nonsubstantive additions to and corrections in enacted
143	143	codes.
144	144	SECTION 7. This Act takes effect September 1, 2019.