86R827 JXC-D
By: Miles S.B. No. 185
A BILL TO BE ENTITLED
AN ACT
relating to the response to certain oil or gas well accidents by
state agencies and responsible parties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 91, Natural Resources
Code, is amended by adding Sections 91.118, 91.119, and 91.120 to
read as follows:
Sec. 91.118. NOTICE TO COMMISSION OF WELL FIRE, LEAK,
SPILL, OR BREAK. (a) An operator of an oil or gas well shall:
(1) give immediate notice of a fire, leak, spill, or
break at the well to the appropriate commission oil and gas division
district office; and
(2) submit to the commission a letter giving a full
description of the event, including the volume of crude oil, gas, or
other well liquids or gases lost.
(b) This section does not limit the authority of the
commission to require other types of notice from operators.
Sec. 91.119. WELL BLOWOUT EMERGENCY ALERT SYSTEM. (a) In
this section, "state emergency response commission" means the state
emergency management council or other committee appointed by the
governor in accordance with the Emergency Planning and Community
Right-to-Know Act of 1986 (42 U.S.C. Section 11001 et seq.).
(b) The commission and the Texas Commission on
Environmental Quality shall jointly develop an emergency alert
system to notify the public of the uncontrolled release from an oil
or gas well of a substance that will substantially endanger human
health or the environment. The commission and the Texas Commission
on Environmental Quality shall consult with the state emergency
response commission in developing the system.
(c) If the commission or the Texas Commission on
Environmental Quality determines that an uncontrolled release of a
substance from an oil or gas well will substantially endanger human
health or the environment, that agency shall, not later than 30
minutes after making the determination, notify persons in the area
in which the well is located of the release using the alert system.
When the agency determines a release is no longer a threat to human
health or the environment, the agency shall notify persons using
the alert system.
(d) In developing the alert system, the commission and the
Texas Commission on Environmental Quality may use as a model the
alert systems established by Subchapter L, Chapter 411, Government
Code, and Section 51.854, Water Code.
(e) The alert system must:
(1) allow a person to register for a preferred method
of receiving a message under the alert system and allow a person the
option of not receiving the alerts;
(2) provide notification through reverse 9-1-1 calls,
text messages, e-mails, social media, and other instant messaging
systems; and
(3) allow the state agency providing the notification
to modify the notification based on:
(A) the distance of the release to the person
receiving the notification; and
(B) the projected movement of the release.
(f) An alert issued by the alert system must include:
(1) each area affected by the release, including a
geographic display of the severity of the threat posed by the
release;
(2) a link to an Internet website or other message
system that maintains current information on each affected area;
(3) a link to an Internet website or other message
system that describes a symptom of any illness caused by the release
that may require emergency medical treatment;
(4) the chemicals involved in and toxicity of the
release;
(5) the projected movement of the release; and
(6) instructions for protection from exposure to the
release or for reducing exposure to the release.
Sec. 91.120. APPLICATION FOR PERMIT FOR WELL ADJACENT TO
WELL BLOWOUT SITE. (a) In the case of a conflict between this
section and Section 91.114, this section controls.
(b) Except as provided by Subsection (e), the commission may
not approve an application for a permit to drill an oil or gas well
if:
(1) the organization that submitted the application:
(A) violated a statute or commission rule, order,
license, certificate, or permit that relates to safety or the
prevention or control of pollution; or
(B) is under investigation by a state or federal
agency for an alleged violation of a statute or commission rule,
order, license, certificate, or permit that relates to safety or
the prevention or control of pollution;
(2) the violation or alleged violation described by
Subdivision (1) relates to an uncontrolled release from an oil or
gas well of a substance that substantially endangered human health
or the environment; and
(3) the well that is the subject of the application is
proposed to be drilled at a site adjacent to the site of the
violation or alleged violation described by Subdivision (1).
(c) An organization has committed a violation for purposes
of Subsection (b)(1)(A) of this section if the circumstances
described by Section 91.114(b) have been met with respect to the
violation.
(d) The commission may adopt rules if necessary to establish
criteria for determining whether a site is adjacent to another site
for the purposes of this section.
(e) The commission may approve the application if:
(1) the conditions that constituted the violation have
been corrected;
(2) the organization has paid all administrative,
civil, and criminal penalties and all cleanup and plugging costs
incurred by the state relating to those conditions; and
(3) the application is in compliance with all other
requirements of law and commission rules.
(f) If an application is rejected under this section, the
commission shall provide the organization with a written statement
explaining the reason for the rejection.
(g) Notwithstanding Subsection (b), the commission may
issue a permit to drill an oil or gas well to an organization
described by Subsection (b) for a term specified by the commission
if the permit is necessary to remedy a violation of law or
commission rules.
(h) A fee tendered in connection with an application that is
rejected under this section is nonrefundable.
SECTION 2. Section 91.120, Natural Resources Code, as added
by this Act, applies only to an application for a permit to drill an
oil or gas well filed with the Railroad Commission of Texas on or
after the effective date of this Act. An application for a permit
filed before the effective date of this Act is governed by the law
in effect on the date of filing, and that law is continued in effect
for that purpose.
SECTION 3. This Act takes effect September 1, 2019.