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