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A BILL TO BE ENTITLED
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AN ACT
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relating to the offshore geologic storage of carbon dioxide. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 382, Health and Safety Code, is amended |
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by adding Subchapter K to read as follows: |
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SUBCHAPTER K. OFFSHORE GEOLOGIC STORAGE OF CARBON DIOXIDE |
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Sec. 382.501. DEFINITIONS. In this subchapter: |
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(1) "Board" means the School Land Board. |
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(2) "Bureau" means the Bureau of Economic Geology at |
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The University of Texas at Austin. |
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(3) "Carbon dioxide repository" means an offshore deep |
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subsurface geologic repository for the storage of anthropogenic |
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carbon dioxide. |
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(4) "Land commissioner" means the commissioner of the |
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General Land Office. |
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Sec. 382.502. RULES. (a) The commission by rule may adopt |
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standards for the location, construction, maintenance, monitoring, |
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and operation of a carbon dioxide repository. |
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(b) If the United States Environmental Protection Agency |
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issues requirements regarding carbon dioxide sequestration, the |
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commission shall ensure that the construction, maintenance, |
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monitoring, and operation of the carbon dioxide repository under |
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this subchapter comply with those requirements. |
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Sec. 382.503. STUDY; SELECTION OF LOCATION. (a) The land |
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commissioner shall contract with the bureau to conduct a study of |
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state-owned offshore submerged land to identify potential |
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locations for a carbon dioxide repository. |
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(b) The land commissioner shall recommend suitable sites |
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for carbon dioxide storage to the board based on the findings of the |
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study. |
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(c) The board shall make the final determination of suitable |
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locations for carbon dioxide storage. |
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Sec. 382.504. CONTRACT FOR NECESSARY INFRASTRUCTURE AND |
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OPERATION. (a) Once the location has been established for the |
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carbon dioxide repository, the board may issue requests for |
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proposals for the lease of permanent school fund land for the |
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construction of any necessary infrastructure for the |
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transportation and storage of carbon dioxide to be stored in the |
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carbon dioxide repository. |
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(b) The board may contract for construction or operational |
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services for the repository. |
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Sec. 382.505. ACCEPTANCE OF CARBON DIOXIDE FOR STORAGE; |
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FEES AND CARBON CREDITS. (a) Once the carbon dioxide repository is |
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established, the board may accept carbon dioxide for storage. |
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(b) The board by rule may establish a fee for the storage of |
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carbon dioxide in the carbon dioxide repository. If this state |
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participates in a program that facilitates the trading of carbon |
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credits, a fee under this subsection may be established as a |
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percentage of the carbon credits associated with the storage. |
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Sec. 382.506. MEASURING, MONITORING, AND VERIFICATION; |
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ROLE OF BUREAU. (a) The commission by rule may establish standards |
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for the measurement, monitoring, and verification of the permanent |
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storage status of the carbon dioxide in the carbon dioxide |
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repository. |
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(b) The bureau shall perform the measurement, monitoring, |
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and verification of the permanent storage status of carbon dioxide |
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in the carbon dioxide repository. |
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(c) The bureau shall serve as a scientific advisor for the |
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measuring, monitoring, and permanent storage status verification |
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of the carbon dioxide repository. |
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(d) The bureau shall provide to the board data relating to |
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the measurement, monitoring, and verification of the permanent |
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storage status of the carbon dioxide in the carbon dioxide |
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repository, as determined by the board. |
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Sec. 382.507. OWNERSHIP OF CARBON DIOXIDE. (a) The board |
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shall acquire title to carbon dioxide stored in the carbon dioxide |
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repository. |
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(b) The right, title, and interest in carbon dioxide |
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acquired under this section are the property of the permanent |
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school fund and shall be administered and controlled by the board. |
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Sec. 382.508. LIABILITY. (a) The transfer of title to the |
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state under Section 382.507 does not relieve a producer of carbon |
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dioxide of liability for any act or omission regarding the |
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generation of carbon dioxide performed before the carbon dioxide |
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was stored. |
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(b) On the date the permanent school fund, under Section |
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382.507, acquires the right, title, and interest in carbon dioxide, |
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the producer of the carbon dioxide is relieved of liability for any |
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act or omission regarding the carbon dioxide in the carbon dioxide |
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repository. |
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Sec. 382.509. RATES FOR TRANSPORTATION. Neither the |
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commission nor the board may establish or regulate the rates |
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charged for the transportation of carbon dioxide to the carbon |
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dioxide repository. |
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Sec. 382.510. ANNUAL REPORT. The land commissioner shall |
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issue annually a report regarding the carbon dioxide repository. |
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The report may be submitted electronically by posting on the |
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General Land Office's Internet website. The report must include |
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information regarding: |
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(1) the total volume of carbon dioxide stored; |
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(2) the total volume of carbon dioxide received for |
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storage during the year; and |
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(3) the volume of carbon dioxide received from each |
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producer of carbon dioxide. |
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SECTION 2. This Act takes effect September 1, 2009. |