| 1 | 1 | | By: Sparks S.B. No. 1811 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the jurisdiction of the Railroad Commission of Texas |
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| 7 | 7 | | over and a study of the upstream production, pipeline |
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| 8 | 8 | | transportation, and storage of hydrogen. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 81.051(a), Natural Resources Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) The commission has jurisdiction over all: |
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| 13 | 13 | | (1) common carrier pipelines defined in Section |
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| 14 | 14 | | 111.002 of this code in Texas; |
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| 15 | 15 | | (2) oil and gas wells in Texas; |
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| 16 | 16 | | (3) persons owning or operating pipelines in Texas; |
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| 17 | 17 | | [and] |
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| 18 | 18 | | (4) persons owning or engaged in drilling or operating |
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| 19 | 19 | | oil or gas wells in Texas; and |
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| 20 | 20 | | (5) pipeline transportation and underground storage of |
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| 21 | 21 | | hydrogen. |
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| 22 | 22 | | SECTION 2. Subchapter C, Chapter 81, Natural Resources |
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| 23 | 23 | | Code, is amended by adding Section 81.075 to read as follows: |
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| 24 | 24 | | Sec. 81.075. TEXAS HYDROGEN PRODUCTION POLICY COUNCIL. (a) |
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| 25 | 25 | | In this section, "council" means the Texas hydrogen production |
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| 26 | 26 | | policy council. |
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| 27 | 27 | | (b) The Texas hydrogen production policy council is |
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| 28 | 28 | | established within the commission to study and make recommendations |
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| 29 | 29 | | relating to the commission's policy framework for hydrogen energy |
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| 30 | 30 | | development. |
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| 31 | 31 | | (c) The council is composed of: |
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| 32 | 32 | | (1) the commissioners; and |
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| 33 | 33 | | (2) nine members appointed by the commission to |
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| 34 | 34 | | represent as many different types of participants as possible, |
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| 35 | 35 | | including at least three representatives from the hydrogen |
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| 36 | 36 | | industry. |
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| 37 | 37 | | (d) A member of the council is not entitled to compensation |
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| 38 | 38 | | or reimbursement of expenses for service on the council. |
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| 39 | 39 | | (e) The council: |
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| 40 | 40 | | (1) shall study the development of hydrogen industries |
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| 41 | 41 | | in this state, including the development of upstream facilities for |
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| 42 | 42 | | the production, pipeline transportation, and storage of hydrogen; |
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| 43 | 43 | | (2) shall monitor regional efforts for the application |
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| 44 | 44 | | and development of a regional clean hydrogen hub authorized under |
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| 45 | 45 | | the Infrastructure Investment and Jobs Act (Pub. L. No. 117-58) or |
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| 46 | 46 | | another federal act; |
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| 47 | 47 | | (3) may coordinate actions with other state agencies |
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| 48 | 48 | | in supporting an application for a regional clean hydrogen hub |
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| 49 | 49 | | described by Subdivision (2); and |
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| 50 | 50 | | (4) shall develop a state plan for hydrogen production |
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| 51 | 51 | | oversight and regulation by the commission. |
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| 52 | 52 | | (f) The council may make recommendations relating to: |
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| 53 | 53 | | (1) commission rules needed for the oversight and |
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| 54 | 54 | | regulation of upstream production, pipeline transportation, and |
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| 55 | 55 | | storage of hydrogen; and |
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| 56 | 56 | | (2) changes in statute needed to clarify the |
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| 57 | 57 | | commission's jurisdiction over upstream production, pipeline |
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| 58 | 58 | | transportation, and storage of hydrogen. |
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| 59 | 59 | | (g) The council is abolished and this section expires on |
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| 60 | 60 | | January 1, 2030. |
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| 61 | 61 | | SECTION 3. This Act takes effect September 1, 2023. |
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