| 1 | 1 | | By: Guillen H.B. No. 4907 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | A BILL TO BE ENTITLED |
|---|
| 5 | 5 | | AN ACT |
|---|
| 6 | 6 | | relating to capturing and storing carbon dioxide. |
|---|
| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 8 | 8 | | SECTION 1. Title 4, Civil Practice and Remedies Code, is |
|---|
| 9 | 9 | | amended by adding Chapter 100B to read as follows: |
|---|
| 10 | 10 | | CHAPTER 100B. LIMITED LIABILITY FOR CAPTURING AND STORING CARBON |
|---|
| 11 | 11 | | DIOXIDE |
|---|
| 12 | 12 | | Sec. 100B.001. DEFINITIONS. In this chapter: |
|---|
| 13 | 13 | | (1) "Captured carbon dioxide" means carbon dioxide |
|---|
| 14 | 14 | | from any source that, through human effort or means, is seized for |
|---|
| 15 | 15 | | the purpose of sequestering the carbon dioxide with the intent of |
|---|
| 16 | 16 | | permanently preventing the carbon dioxide from being released into |
|---|
| 17 | 17 | | the atmosphere, including carbon dioxide that is: |
|---|
| 18 | 18 | | (A) captured from the atmosphere; |
|---|
| 19 | 19 | | (B) stripped, segregated, or divided from a fluid |
|---|
| 20 | 20 | | stream; or |
|---|
| 21 | 21 | | (C) captured from an emissions source, including |
|---|
| 22 | 22 | | from: |
|---|
| 23 | 23 | | (i) an advanced clean energy project as |
|---|
| 24 | 24 | | defined by Section 382.003, Health and Safety Code; |
|---|
| 25 | 25 | | (ii) an electric generation facility; or |
|---|
| 26 | 26 | | (iii) an industrial source of emissions. |
|---|
| 27 | 27 | | (2) "Carbon dioxide" means the chemical compound |
|---|
| 28 | 28 | | composed of one carbon and two oxygen atoms. The term includes: |
|---|
| 29 | 29 | | (A) anthropogenic carbon dioxide; |
|---|
| 30 | 30 | | (B) naturally occurring carbon dioxide; |
|---|
| 31 | 31 | | (C) carbon dioxide captured from the atmosphere; |
|---|
| 32 | 32 | | and |
|---|
| 33 | 33 | | (D) phases, mixtures, and combinations of carbon |
|---|
| 34 | 34 | | dioxide that include: |
|---|
| 35 | 35 | | (i) a substance incidentally derived from |
|---|
| 36 | 36 | | the source materials for or process of capturing the carbon |
|---|
| 37 | 37 | | dioxide; |
|---|
| 38 | 38 | | (ii) a substance added to the carbon |
|---|
| 39 | 39 | | dioxide stream to enable or improve storage of the carbon dioxide; |
|---|
| 40 | 40 | | and |
|---|
| 41 | 41 | | (iii) a substance incidentally captured |
|---|
| 42 | 42 | | with carbon dioxide captured from the atmosphere. |
|---|
| 43 | 43 | | (3) "Geologic storage" means the underground storage |
|---|
| 44 | 44 | | of carbon dioxide in a reservoir. |
|---|
| 45 | 45 | | (4) "Geologic storage facility" means the underground |
|---|
| 46 | 46 | | reservoir, underground equipment, injection wells, and surface |
|---|
| 47 | 47 | | buildings and equipment used or to be used for the geologic storage |
|---|
| 48 | 48 | | of carbon dioxide and all surface and subsurface rights and |
|---|
| 49 | 49 | | appurtenances necessary to the operation of a facility for the |
|---|
| 50 | 50 | | geologic storage of carbon dioxide. The term includes any |
|---|
| 51 | 51 | | reasonable and necessary areal buffer and subsurface monitoring |
|---|
| 52 | 52 | | zones, pressure fronts, and other areas as may be necessary for this |
|---|
| 53 | 53 | | state to receive delegation of any federal underground injection |
|---|
| 54 | 54 | | control program relating to the storage of carbon dioxide. |
|---|
| 55 | 55 | | (5) "Reservoir" has the meaning assigned by Section |
|---|
| 56 | 56 | | 27.002, Water Code. |
|---|
| 57 | 57 | | (6) "Stored carbon dioxide" means captured carbon |
|---|
| 58 | 58 | | dioxide that is being transported or temporarily or permanently |
|---|
| 59 | 59 | | stored. |
|---|
| 60 | 60 | | Sec. 100B.002. CAPTURED OR STORED CARBON DIOXIDE NOT |
|---|
| 61 | 61 | | NUISANCE. (a) Stored carbon dioxide is not: |
|---|
| 62 | 62 | | (1) a pollutant; or |
|---|
| 63 | 63 | | (2) a nuisance, including a public nuisance, under |
|---|
| 64 | 64 | | common law or the laws of this state, including Chapter 125. |
|---|
| 65 | 65 | | (b) A person may not bring a nuisance action or similar |
|---|
| 66 | 66 | | cause of action on the basis that captured carbon dioxide, stored |
|---|
| 67 | 67 | | carbon dioxide, or a process associated with capturing or storing |
|---|
| 68 | 68 | | carbon dioxide constitutes a nuisance. |
|---|
| 69 | 69 | | SECTION 2. Chapter 100B, Civil Practice and Remedies Code, |
|---|
| 70 | 70 | | as added by this Act, is an exercise of authority under Section |
|---|
| 71 | 71 | | 66(c), Article III, Texas Constitution, and takes effect only if |
|---|
| 72 | 72 | | this Act receives a vote of three-fifths of all the members elected |
|---|
| 73 | 73 | | to each house, as provided by Subsection (e) of that section. |
|---|
| 74 | 74 | | SECTION 3. The changes in law made by this Act apply only to |
|---|
| 75 | 75 | | a cause of action that accrues on or after the effective date of |
|---|
| 76 | 76 | | this Act. A cause of action that accrued before the effective date |
|---|
| 77 | 77 | | of this Act is governed by the law as it existed immediately before |
|---|
| 78 | 78 | | the effective date of this Act, and that law is continued in effect |
|---|
| 79 | 79 | | for that purpose. |
|---|
| 80 | 80 | | SECTION 4. This Act takes effect September 1, 2023. |
|---|