BILL ANALYSIS

Senate Research Center	C.S.H.B. 4018
	By: Ashby et al. (Kolkhorst)
	Water, Agriculture & Rural Affairs
	5/8/2023
	Committee Report (Substituted)

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Through construction of nature-based solutions like living shorelines, the Texas Parks and Wildlife Department (TPWD) protects coastal lands under its jurisdiction from erosion, storm surge, and sea level rise. Creation of living shorelines that generate carbon credits also create additional benefits for Texas ���� supporting jobs and dollars for coastal economies. These living shorelines create habitats for a variety of marine wildlife that provide valuable ecosystem services such as water quality improvement. In order to effectively accomplish the construction of these carbon credits, TPWD must be able to partner with private entities to provide a necessary additional effort and funding.

H.B. 4018 provides that TPWD can work with private entities to generate carbon credits through construction of nature-based solutions such as living shorelines. Private dollars will aid in funding construction of the living shoreline adjacent to select public lands and provide insurance to assure long-term sustainability in the face of catastrophic events.

H.B. 4018 allows TPWD to enter into agreement with public and private entities in order to generate nature-based carbon sequestration or other similar ecosystem services projects TPWD land. The bill requires TPWD to deposit money received from a project to the credit of the game, fish, and water safety account, if the project is located on land primarily used for game or fish conservation, protection, or management and to the credit of the state parks account, if the project is located on land primarily used for parks, recreation, or historic sites.

(Original Author's/Sponsor's Statement of Intent)

The committee substitute clarifies that the bill does not authorize TPWD to enter into agreements to develop carbon injection wells on TPWD land.

C.S.H.B. 4018 amends current law relating to the use of Parks and Wildlife Department land for carbon sequestration or similar ecosystem services projects.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 11.032(b), Parks and Wildlife Code, to require the Texas Parks and Wildlife Department (TPWD) to deposit to the credit of the game, fish, and water safety account all revenue, less allowable costs, from certain sources, including money received by TPWD from carbon sequestration or similar ecosystem services projects described by Section 11.302(b)(1). Makes nonsubstantive changes.

SECTION 2. Amends Section 11.035(b), Parks and Wildlife Code, to require TPWD to deposit to the credit of the state parks account all revenue, less allowable costs, received from certain sources, including money received by TPWD from carbon sequestration or similar ecosystem services projects described by Section 11.302(b)(2). Makes nonsubstantive changes.

SECTION 3. Amends the heading to Subchapter L, Chapter 11, Parks and Wildlife Code, to read as follows:

SUBCHAPTER L. USE OF DEPARTMENT LAND

SECTION 4. Amends Subchapter L, Chapter 11, Parks and Wildlife Code, by adding Section 11.302, as follows:

Sec. 11.302. CARBON SEQUESTRATION AND SIMILAR ECOSYSTEM SERVICES PROJECTS. (a) Authorizes TPWD, except as otherwise provided by this subsection, to enter into an agreement with a public or private entity for the purpose of developing a nature-based carbon sequestration or similar ecosystem services project on TPWD land. Provides that this subsection does not authorize TPWD to enter into an agreement to develop a carbon dioxide injection well on TPWD land.

(b) Requires that money received by TPWD from a carbon sequestration or similar ecosystem services project under this section be deposited:

(1) to the credit of the game, fish, and water safety account, if the project is located on land primarily used for game or fish conservation, protection, or management; and

(2) to the credit of the state parks account, if the project is located on land primarily used for parks, recreation, or historic sites.

SECTION 5. Effective date: September 1, 2023.