Texas 2023 - 88th Regular

Texas House Bill HB1777 Compare Versions

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1	1	88R4569 ANG-F
2	2	By: Darby H.B. No. 1777
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation by the Railroad Commission of Texas of
8	8	closed-loop geothermal injection wells.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter C, Chapter 27, Water Code, is amended
11	11	by adding Section 27.037 to read as follows:
12	12	Sec. 27.037. JURISDICTION OVER CLOSED-LOOP GEOTHERMAL
13	13	INJECTION WELLS. (a) In this section, "closed-loop geothermal
14	14	injection well" means a closed system geothermal well used to
15	15	circulate water, other fluids, or gases through the earth as a heat
16	16	source or heat sink to generate power or heat or cool a structure.
17	17	(b) The railroad commission has jurisdiction over
18	18	closed-loop geothermal injection wells and may issue permits for
19	19	closed-loop geothermal injection wells, including individual
20	20	permits, general permits, or permits by rule.
21	21	(c) A person may not begin drilling a closed-loop geothermal
22	22	injection well unless that person holds a valid permit issued by the
23	23	railroad commission under this section.
24	24	(d) For purposes of railroad commission regulation, a
25	25	closed-loop geothermal injection well is designated as a Class V
26	26	well under the underground injection control program administered
27	27	by the railroad commission.
28	28	(e) The railroad commission shall adopt rules as necessary
29	29	to administer this section and regulate closed-loop geothermal
30	30	injection wells.
31	31	SECTION 2. (a) In this section:
32	32	(1) "Closed-loop geothermal injection well" has the
33	33	meaning assigned by Section 27.037, Water Code, as added by this
34	34	Act.
35	35	(2) "Commission" means the Texas Commission on
36	36	Environmental Quality.
37	37	(3) "Railroad commission" means the Railroad
38	38	Commission of Texas.
39	39	(b) On the effective date of this Act:
40	40	(1) all functions and activities performed by the
41	41	commission that relate to the regulation of closed-loop geothermal
42	42	injection wells under Chapter 27, Water Code, are transferred to
43	43	the railroad commission;
44	44	(2) a rule, standard, or form adopted by the
45	45	commission that is related to the regulation of closed-loop
46	46	geothermal injection wells under Chapter 27, Water Code, is a rule,
47	47	standard, or form of the railroad commission and remains in effect
48	48	until altered by the railroad commission;
49	49	(3) a proceeding involving the commission that is
50	50	related to the regulation of closed-loop geothermal injection wells
51	51	under Chapter 27, Water Code, is transferred without change in
52	52	status to the railroad commission, and the railroad commission
53	53	assumes, without change in status, the position of the commission
54	54	in any proceeding relating to the regulation of closed-loop
55	55	geothermal injection wells to which the commission is a party;
56	56	(4) all money, contracts, leases, rights, and
57	57	obligations of the commission related to closed-loop geothermal
58	58	injection wells under Chapter 27, Water Code, are transferred to
59	59	the railroad commission;
60	60	(5) all property, including records, in the custody of
61	61	the commission related to the regulation of closed-loop geothermal
62	62	injection wells under Chapter 27, Water Code, is transferred to the
63	63	railroad commission; and
64	64	(6) all money appropriated to the commission for
65	65	purposes related to the regulation of closed-loop geothermal
66	66	injection wells under Chapter 27, Water Code, is transferred to the
67	67	railroad commission.
68	68	(c) Section 27.037, Water Code, as added by this Act, does
69	69	not affect the validity of a permit for a closed-loop geothermal
70	70	injection well issued before the effective date of this Act.
71	71	(d) Not later than the 90th day after the effective date of
72	72	this Act:
73	73	(1) the railroad commission shall issue a substitute
74	74	permit under the name and authority of the railroad commission to
75	75	each person who on the effective date of this Act holds a valid
76	76	permit issued by the commission for a closed-loop geothermal
77	77	injection well; and
78	78	(2) the commission shall transmit to the railroad
79	79	commission all pending applications for closed-loop geothermal
80	80	injection wells submitted to the commission before the effective
81	81	date of this Act.
82	82	SECTION 3. This Act takes effect September 1, 2023.