Texas 2023 - 88th Regular

Texas Senate Bill SB786 Compare Versions

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1	1	S.B. No. 786
2	2
3	3
4	4	AN ACT
5	5	relating to the regulation by the Railroad Commission of Texas of
6	6	closed-loop geothermal injection wells.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subchapter C, Chapter 27, Water Code, is amended
9	9	by adding Section 27.037 to read as follows:
10	10	Sec. 27.037. JURISDICTION OVER CLOSED-LOOP GEOTHERMAL
11	11	INJECTION WELLS. (a) In this section, "closed-loop geothermal
12	12	injection well" means a closed system geothermal well used to
13	13	circulate water, other fluids, or gases through the earth as a heat
14	14	source or heat sink to generate power or heat or cool a structure.
15	15	(b) The railroad commission has jurisdiction over
16	16	closed-loop geothermal injection wells and may issue permits for
17	17	closed-loop geothermal injection wells, including individual
18	18	permits, general permits, or permits by rule.
19	19	(c) A person may not begin drilling a closed-loop geothermal
20	20	injection well unless that person holds a valid permit issued by the
21	21	railroad commission under this section.
22	22	(d) For purposes of railroad commission regulation, a
23	23	closed-loop geothermal injection well is designated as a Class V
24	24	well under the underground injection control program administered
25	25	by the railroad commission.
26	26	(e) The railroad commission shall adopt rules as necessary
27	27	to administer this section and regulate closed-loop geothermal
28	28	injection wells.
29	29	SECTION 2. (a) In this section:
30	30	(1) "Closed-loop geothermal injection well" has the
31	31	meaning assigned by Section 27.037, Water Code, as added by this
32	32	Act.
33	33	(2) "Commission" means the Texas Commission on
34	34	Environmental Quality.
35	35	(3) "Railroad commission" means the Railroad
36	36	Commission of Texas.
37	37	(b) On the effective date of this Act:
38	38	(1) all functions and activities performed by the
39	39	commission that relate to the regulation of closed-loop geothermal
40	40	injection wells under Chapter 27, Water Code, are transferred to
41	41	the railroad commission;
42	42	(2) a rule, standard, or form adopted by the
43	43	commission that is related to the regulation of closed-loop
44	44	geothermal injection wells under Chapter 27, Water Code, is a rule,
45	45	standard, or form of the railroad commission and remains in effect
46	46	until altered by the railroad commission;
47	47	(3) a proceeding involving the commission that is
48	48	related to the regulation of closed-loop geothermal injection wells
49	49	under Chapter 27, Water Code, is transferred without change in
50	50	status to the railroad commission, and the railroad commission
51	51	assumes, without change in status, the position of the commission
52	52	in any proceeding relating to the regulation of closed-loop
53	53	geothermal injection wells to which the commission is a party;
54	54	(4) all money, contracts, leases, rights, and
55	55	obligations of the commission related to closed-loop geothermal
56	56	injection wells under Chapter 27, Water Code, are transferred to
57	57	the railroad commission;
58	58	(5) all property, including records, in the custody of
59	59	the commission related to the regulation of closed-loop geothermal
60	60	injection wells under Chapter 27, Water Code, is transferred to the
61	61	railroad commission; and
62	62	(6) all money appropriated to the commission for
63	63	purposes related to the regulation of closed-loop geothermal
64	64	injection wells under Chapter 27, Water Code, is transferred to the
65	65	railroad commission.
66	66	(c) Section 27.037, Water Code, as added by this Act, does
67	67	not affect the validity of a permit for a closed-loop geothermal
68	68	injection well issued before the effective date of this Act.
69	69	(d) Not later than the 90th day after the effective date of
70	70	this Act:
71	71	(1) the railroad commission shall issue a substitute
72	72	permit under the name and authority of the railroad commission to
73	73	each person who on the effective date of this Act holds a valid
74	74	permit issued by the commission for a closed-loop geothermal
75	75	injection well; and
76	76	(2) the commission shall transmit to the railroad
77	77	commission all pending applications for closed-loop geothermal
78	78	injection wells submitted to the commission before the effective
79	79	date of this Act.
80	80	SECTION 3. This Act takes effect September 1, 2023.
81	81	______________________________ ______________________________
82	82	President of the Senate Speaker of the House
83	83	I hereby certify that S.B. No. 786 passed the Senate on
84	84	April 13, 2023, by the following vote: Yeas 30, Nays 0.
85	85	______________________________
86	86	Secretary of the Senate
87	87	I hereby certify that S.B. No. 786 passed the House on
88	88	May 18, 2023, by the following vote: Yeas 147, Nays 0, one
89	89	present not voting.
90	90	______________________________
91	91	Chief Clerk of the House
92	92	Approved:
93	93	______________________________
94	94	Date
95	95	______________________________
96	96	Governor