79R4702 RMB-F
By: Farabee H.B. No. 1564
A BILL TO BE ENTITLED
AN ACT
relating to the use of money in the oil-field cleanup fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 91.001, Natural Resources Code, is
amended by adding Subdivision (4) to read as follows:
(4) "Well-site" means the area associated with a well
regulated by the commission, including the drillpad on which the
well is located and any pits associated with the well, together with
any equipment associated with the well that is necessary for the
exploration, production, and sale of hydrocarbons, including tank
batteries, meters, casing, tubing, and rods.
SECTION 2. Section 91.112, Natural Resources Code, is
amended to read as follows:
Sec. 91.112. PURPOSE OF THE FUND. (a) Money in the fund
may be used by the commission or its employees or agents for:
(1) conducting a site investigation or environmental
assessment of a well or well-site to determine:
(A) the nature and extent of contamination caused
by oil and gas wastes, [or] other substances or materials, or
equipment associated with wells regulated by the commission under
Section 91.101; and
(B) the measures that should be taken to control
or clean up the wastes, substances, [or] materials, or equipment
described in Paragraph (A);
(2) controlling or cleaning up oil and gas wastes,
[or] other substances or materials, or equipment associated with
wells regulated by the commission under Section 91.101 that is
[are] causing or is [are] likely to cause the pollution of surface
or subsurface water, consistent with Section 91.113;
(3) plugging abandoned wells and administering or
enforcing permits, orders, and rules relating to the commission's
authority to prevent pollution from wells and well-sites [under
this chapter, Chapter 89, or any other law administered or enforced
by the commission under Title 3];
(4) implementing Subchapter N and enforcing rules,
orders, and permits adopted or issued under that subchapter;
(5) implementing the voluntary cleanup program under
Subchapter O; and
(6) preparing the report required under Subsection
(b).
(b) The commission shall submit to the legislature and make
available to the public, annually, a report that reviews the extent
to which money provided under Section 91.111 has enabled the
commission to better protect the environment and enhance the income
of the oil-field cleanup fund. The report shall include:
(1) the number of wells plugged, by region;
(2) the number of wells abandoned, by region;
(3) the number of inactive wells not currently in
compliance with commission rules, by region;
(4) the status of enforcement proceedings for all
wells in violation of commission rules and the time period during
which the wells have been in violation, by region in which the wells
are located;
(5) the number of wells and well-sites [surface
locations] remediated, by region;
(6) a detailed accounting of expenditures of money in
the fund, including expenditures for site investigations and
environmental assessments, plugging of abandoned wells,
remediation of wells and well-sites [surface locations], and staff
salaries and other administrative expenses;
(7) the method by which the commission sets priorities
by which it determines the order in which abandoned wells are
plugged;
(8) a projection of the amount of money needed for the
next biennium for conducting site investigations and environmental
assessments, plugging abandoned wells, and remediating wells and
well-sites [surface locations];
(9) the status of implementation of the provisions of
Section 89.085 relating to possession and sale of equipment to
recover plugging costs; and
(10) the number of wells and well-sites [sites]
successfully remediated under the voluntary cleanup program under
Subchapter O, by region.
SECTION 3. Sections 91.113(a), (b), (c), (d), and (f),
Natural Resources Code, are amended to read as follows:
(a) If oil and gas wastes, [or] other substances or
materials, or equipment associated with wells regulated by the
commission under Section 91.101 is [are] causing or is [are] likely
to cause the pollution of surface or subsurface water, the
commission, through its employees or agents, may use money in the
oil-field cleanup fund to conduct a site investigation or
environmental assessment or control or clean up the oil and gas
wastes, [or] other substances or materials, or equipment if:
(1) the responsible person has failed or refused to
control or clean up the oil and gas wastes, [or] other substances or
materials, or equipment after notice and opportunity for hearing;
(2) the responsible person is unknown, cannot be
found, or has no assets with which to control or clean up the oil and
gas wastes, [or] other substances or materials, or equipment; or
(3) the oil and gas wastes, [or] other substances or
materials, or equipment is [are] causing the pollution of surface
or subsurface water.
(b) For purposes of this section, "responsible person"
means any operator or other person required by law, rules adopted by
the commission, or a valid order of the commission to control or
clean up the oil and gas wastes, [or] other substances or materials,
or equipment.
(c) The commission or its employees or agents, on proper
identification, may enter the land of another for the purpose of
conducting a site investigation or environmental assessment or
controlling or cleaning up oil and gas wastes, [or] other
substances or materials, or equipment under this section.
(d) The conducting of a site investigation or environmental
assessment or the control or cleanup of oil and gas wastes, [or]
other substances or materials, or equipment by the commission under
this section does not prevent the commission from seeking penalties
or other relief provided by law from any person who is required by
law, rules adopted by the commission, or a valid order of the
commission to control or clean up the oil and gas wastes, [or] other
substances or materials, or equipment.
(f) If the commission conducts a site investigation or
environmental assessment or controls or cleans up oil and gas
wastes, [or] other substances or materials, or equipment under this
section, the commission may recover all costs incurred by the
commission from any person who was required by law, rules adopted by
the commission, or a valid order of the commission to control or
clean up the oil and gas wastes, [or] other substances or materials,
or equipment. The commission by order may require the person to
reimburse the commission for those costs or may request the
attorney general to file suit against the person to recover those
costs. At the request of the commission, the attorney general may
file suit to enforce an order issued by the commission under this
subsection. A suit under this subsection may be filed in any court
of competent jurisdiction in Travis County. Costs recovered under
this subsection shall be deposited to the oil-field cleanup fund.
SECTION 4. Section 91.1131(a), Natural Resources Code, is
amended to read as follows:
(a) The commission by rule shall [may] establish risk
assessment as the guide for:
(1) conducting site investigations and environmental
assessments; and
(2) controlling and cleaning up oil and gas wastes,
[and] other substances and materials, and equipment associated with
wells regulated by the commission.
SECTION 5. This Act takes effect September 1, 2005.