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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) "Bureau" means the Bureau of Economic Geology at |
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The University of Texas at Austin. |
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(2) "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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Sec. 382.502. RULES. (a) The commission by rule shall 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 complies with those requirements. |
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Sec. 382.503. PILOT STUDY; SELECTION OF LOCATION. (a) The |
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bureau, under the oversight of the commission, shall conduct a |
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pilot study of state-owned offshore submerged land to identify |
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potential locations for a carbon dioxide repository. |
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(b) The commission shall use the results of the pilot study |
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to select a location for the carbon dioxide repository. |
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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 commission shall issue requests for |
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proposals for the construction of any necessary infrastructure for |
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the transportation and storage of carbon dioxide to be stored in the |
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carbon dioxide repository. |
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(b) The commission may contract for operational services |
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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 commission may accept carbon dioxide for storage. |
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(b) The commission by rule may establish a fee for the |
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storage of carbon dioxide in the carbon dioxide repository. If this |
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state participates in a program that facilitates the trading of |
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carbon 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 shall establish |
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standards for the measurement, monitoring, and verification of the |
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permanent storage status of the carbon dioxide in the carbon |
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dioxide 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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Sec. 382.507. OWNERSHIP OF CARBON DIOXIDE. (a) The |
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commission shall acquire title to carbon dioxide stored in the |
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carbon dioxide 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 commission, |
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acting on behalf of the state, and shall be administered and |
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controlled by the commission in the name of the state. |
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(c) A right, title, or interest acquired under this section |
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does not vest in any fund created by the Texas Constitution. |
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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 an owner or operator of |
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a clean coal project of liability for any act or omission regarding |
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the generation of carbon dioxide performed before the carbon |
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dioxide was stored. |
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(b) On the date the commission, under Section 382.507, |
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acquires the right, title, and interest in carbon dioxide captured |
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by a clean coal project, the owner or operator of the clean coal |
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project is relieved of liability for any act or omission regarding |
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the carbon dioxide in the carbon dioxide repository. |
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Sec. 382.509. RATES FOR TRANSPORTATION. The commission may |
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not establish or regulate the rates charged for the transportation |
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of carbon dioxide to the carbon dioxide repository. |
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Sec. 382.510. ANNUAL REPORT. The commission shall issue |
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annually a report regarding the carbon dioxide repository. The |
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report must include 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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originator of carbon dioxide. |
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SECTION 2. This Act takes effect September 1, 2009. |