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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance by the Railroad Commission of Texas of a |
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certificate of convenience and necessity for certain common carrier |
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pipelines. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter I, Chapter 111, |
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Natural Resources Code, is amended to read as follows: |
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SUBCHAPTER I. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR |
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CERTAIN COMMON CARRIER [COAL] PIPELINES |
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SECTION 2. Section 111.301, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 111.301. CERTIFICATE REQUIRED. A person that is a |
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common carrier under Sections 111.002(1)-(6), or a common carrier |
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of natural gas or other commodities under Section 2.105 of the |
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Texas Business Organizations Code,[Subsection (5), Section 111.002
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of this code] must apply for and be issued a certificate of public |
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convenience and necessity from the commission pursuant to the |
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commission's authority to issue certificates under Section 111.302 |
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[of this code] if the commission finds after a hearing that the |
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public convenience and necessity will be served by the construction |
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and operation of the pipeline. |
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SECTION 3. Sections 111.302(a), (c), and (d), Natural |
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Resources Code, are amended to read as follows: |
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(a) The commission is further authorized, empowered, and |
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directed to issue certificates of public convenience and necessity |
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to common carrier pipelines [transporting coal in whatever form or
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mixture for hire] in Texas if the commission finds that the public |
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convenience and necessity will be served in that existing |
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facilities will not be able to provide the transportation as |
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economically or efficiently as the proposed pipeline. |
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(c) The commission shall not issue a permit, certificate, or |
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any authority to any common carrier [applicant] whose rates and |
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charges are not regulated by government authority, either state or |
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federal, and that state or federal regulations insure to the public |
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[and to the ultimate electric consumer] that the contracts, rates, |
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and charges shall be just and reasonable, nondiscriminatory, and |
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offering no preference or advantage to any person, corporation, |
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entity, or group. |
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(d) The commission shall not issue a permit, certificate, or |
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any authority for a common carrier pipeline [to any applicant whose
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pipeline transporting coal in whatever form] unless the pipeline |
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[transporting coal in whatever form] is to be buried at least 36 |
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inches below the surface, except in such instances in which the |
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commission specifically exempts the 36-inch depth requirement and |
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unless the pipeline [transporting coal in whatever form] conforms |
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to all applicable state or federal regulations concerning the |
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operation, maintenance, and construction of that [same] pipeline. |
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SECTION 4. Sections 111.303 and 111.305, Natural Resources |
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Code, are amended to read as follows: |
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Sec. 111.303. CERTIFICATION PROCEDURE. (a) A person that |
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applies for a certificate of public convenience and necessity for a |
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common carrier [The coal] pipeline under this subchapter |
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[applicant] shall publish, in accordance with regulations |
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promulgated by the commission and existing law, a notice that it has |
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filed the [an] application [for a certificate of public convenience
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and necessity under this Act] in a newspaper of general circulation |
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in each county in which the project will be located. The notice |
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shall, among other things, specify to the extent practicable the |
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land which would be subject to the power of eminent domain. |
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(b) The commission shall then conduct public hearings in |
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areas of the state along the prospective pipeline right-of-way as |
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it shall determine shall be necessary to give all property owners |
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identified by the common carrier along the proposed pipeline |
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right-of-way an opportunity to be heard. The commission is vested |
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with authority and discretion to alter the right-of-way to meet |
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with local objections. |
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Sec. 111.305. OTHER AGENCIES. (a) The commission shall |
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seek and act on the recommendations of the Texas [Natural Resource
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Conservation] Commission on Environmental Quality, the Governor's |
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Energy Advisory Council, or their successors responsible for |
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environmental determinations and shall specify the proper use and |
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disposal of nondischargeable water. |
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(b) Neither the authority conveyed to the commission by this |
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subchapter to issue certificates and to promulgate rules governing |
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common carrier pipelines [transporting coal in whatever form] nor |
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the powers and duties conveyed on those pipelines by this chapter |
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shall affect, diminish, or othe |
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rwise limit the jurisdiction and |
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authority of the Texas Water Development Board and the Texas |
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[Natural Resource Conservation] Commission on Environmental |
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Quality to regulate by applicable rules the acquisition, use, |
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control, disposition, and discharge of water or water rights in |
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Texas. |
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SECTION 5. Section 111.304, Natural Resources Code, is |
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repealed. |
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SECTION 6. This Act takes effect September 1, 2019. |