Texas 2021 - 87th Regular

Texas House Bill HB2745 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R10147 JAM-D
2	2	By: Rosenthal H.B. No. 2745
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to regulation by the Railroad Commission of Texas of the
8	8	geologic storage of anthropogenic carbon dioxide.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 91.802(c), Natural Resources Code, is
11	11	amended to read as follows:
12	12	(c) A conversion of an anthropogenic carbon dioxide
13	13	injection well from use for enhanced recovery operations to use for
14	14	geologic storage may be [is not] considered to be a change in the
15	15	purpose of the well under standards adopted by rule.
16	16	SECTION 2. Section 121.003(d), Natural Resources Code, is
17	17	amended to read as follows:
18	18	(d) The anthropogenic carbon dioxide storage trust fund may
19	19	be used by the commission only for:
20	20	(1) inspecting, monitoring, investigating, recording,
21	21	and reporting on geologic storage facilities and associated
22	22	anthropogenic carbon dioxide injection wells;
23	23	(2) long-term monitoring of geologic storage
24	24	facilities and associated anthropogenic carbon dioxide injection
25	25	wells;
26	26	(3) remediation of mechanical problems associated
27	27	with geologic storage facilities and associated anthropogenic
28	28	carbon dioxide injection wells;
29	29	(4) repairing mechanical leaks at geologic storage
30	30	facilities;
31	31	(5) plugging abandoned anthropogenic carbon dioxide
32	32	injection wells used for geologic storage;
33	33	(6) training and technology transfer related to
34	34	anthropogenic carbon dioxide injection and geologic storage; [and]
35	35	(7) compliance and enforcement activities related to
36	36	geologic storage and associated anthropogenic carbon dioxide
37	37	injection wells; and
38	38	(8) conducting the study required under Section
39	39	121.005.
40	40	SECTION 3. Chapter 121, Natural Resources Code, is amended
41	41	by adding Section 121.005 to read as follows:
42	42	Sec. 121.005. STUDY: SELECTION OF LOCATION AND TRANSFER OF
43	43	OWNERSHIP AND LIABILITY. (a) The commission shall conduct a study
44	44	to:
45	45	(1) identify potential locations on state-owned land
46	46	for geologic storage facilities for anthropogenic carbon dioxide;
47	47	(2) propose a regulatory program by which:
48	48	(A) the commission or another governmental
49	49	entity acquires title to anthropogenic carbon dioxide stored in the
50	50	geologic storage facility on a determination that permanent storage
51	51	of the anthropogenic carbon dioxide meets all applicable state and
52	52	federal requirements; and
53	53	(B) the transfer of title to the state under
54	54	Paragraph (A) relieves the producer of the carbon dioxide of
55	55	liability for any act or omission regarding the carbon dioxide in
56	56	the geologic storage facility; and
57	57	(3) identify methods for making pore space accessible
58	58	for the permanent geologic storage of anthropogenic carbon dioxide.
59	59	(b) The commission may contract with the Bureau of Economic
60	60	Geology at The University of Texas at Austin in identifying
61	61	potential locations under Subsection (a)(1).
62	62	(c) Not later than December 31, 2022, the commission shall
63	63	submit to the legislature the results of the study required by this
64	64	section.
65	65	(d) This section expires January 1, 2023.
66	66	SECTION 4. Sections 27.041(a) and (c), Water Code, are
67	67	amended to read as follows:
68	68	(a) The [Except as provided by Subsection (b), the] railroad
69	69	commission has jurisdiction over the geologic storage of carbon
70	70	dioxide in this state [, and the injection of carbon dioxide into, a
71	71	reservoir that is initially or may be productive of oil, gas, or
72	72	geothermal resources or a saline formation directly above or below
73	73	that reservoir].
74	74	(c) The [Except as provided by Subsection (b), the]
75	75	railroad commission has jurisdiction over a well used for the
76	76	purpose provided by Subsection (a) regardless of whether the well
77	77	was initially completed for that purpose or was initially completed
78	78	for another purpose and is converted to the purpose provided by
79	79	Subsection (a), including a well converted under Section 91.802(c),
80	80	Natural Resources Code.
81	81	SECTION 5. Section 27.047, Water Code, is amended to read as
82	82	follows:
83	83	Sec. 27.047. RULES. The railroad commission shall adopt
84	84	rules and procedures reasonably required for the performance of its
85	85	powers, duties, and functions under this subchapter, including
86	86	rules for:
87	87	(1) the geologic storage and associated injection of
88	88	anthropogenic carbon dioxide, including:
89	89	(A) geologic site characterization;
90	90	(B) area of review and corrective action;
91	91	(C) well construction;
92	92	(D) operation;
93	93	(E) mechanical integrity testing;
94	94	(F) monitoring;
95	95	(G) well plugging;
96	96	(H) postinjection site care;
97	97	(I) site closure; [and]
98	98	(J) liability for anthropogenic carbon dioxide
99	99	held in a permanent geologic storage facility; and
100	100	(K) long-term stewardship;
101	101	(2) the enforcement of this subchapter and rules
102	102	adopted by the railroad commission under this subchapter; and
103	103	(3) the collection and administration of:
104	104	(A) fees imposed under Section 27.045; and
105	105	(B) penalties imposed for a violation of this
106	106	subchapter or rules adopted by the railroad commission under this
107	107	subchapter.
108	108	SECTION 6. Section 27.048(b), Water Code, is amended to
109	109	read as follows:
110	110	(b) If rules or regulations adopted to govern the geologic
111	111	storage and associated injection of anthropogenic carbon dioxide
112	112	under the federal Safe Drinking Water Act (42 U.S.C. Section 300f et
113	113	seq.) or another federal statute allow this state to seek primary
114	114	enforcement authority under the underground injection control
115	115	program, [:
116	116	[(1)] the railroad commission shall seek primacy to
117	117	administer and enforce [the program subject to the jurisdiction
118	118	granted under this subchapter; and
119	119	[(2) this state shall seek primacy to administer and
120	120	enforce the program for] the geologic storage of carbon dioxide in,
121	121	and the injection of carbon dioxide into, a geologic [saline]
122	122	formation in this state.
123	123	SECTION 7. The following laws are repealed:
124	124	(1) Section 121.002(a), Natural Resources Code;
125	125	(2) Section 27.041(b), Water Code; and
126	126	(3) Section 27.042, Water Code.
127	127	SECTION 8. This Act takes effect September 1, 2021.