|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to surface remediation and the restoration of land |
|
disturbed by the installation of a pipeline. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 81.067(c), Natural Resources Code, as |
|
amended by Chapters 57 (H.B. 1818), 72 (S.B. 1422), and 324 (S.B. |
|
1488), Acts of the 85th Legislature, Regular Session, 2017, is |
|
reenacted and amended to read as follows: |
|
(c) The fund consists of: |
|
(1) proceeds from bonds and other financial security |
|
required by this chapter and benefits under well-specific plugging |
|
insurance policies described by Section 91.104(c) that are paid to |
|
the state as contingent beneficiary of the policies, subject to the |
|
refund provisions of Section 91.1091, if applicable; |
|
(2) private contributions, including contributions |
|
made under Section 89.084; |
|
(3) expenses collected under Section 89.083; |
|
(4) fees imposed under Section 85.2021; |
|
(5) costs recovered under Section 91.457 or 91.459; |
|
(6) proceeds collected under Sections 89.085 and |
|
91.115; |
|
(7) interest earned on the funds deposited in the |
|
fund; |
|
(8) oil and gas waste hauler permit application fees |
|
collected under Section 29.015, Water Code; |
|
(9) costs recovered under Sections [Section] |
|
91.113(f) and 91.1133(f); |
|
(10) hazardous oil and gas waste generation fees |
|
collected under Section 91.605; |
|
(11) oil-field cleanup regulatory fees on oil |
|
collected under Section 81.116; |
|
(12) oil-field cleanup regulatory fees on gas |
|
collected under Section 81.117; |
|
(13) fees for a reissued certificate collected under |
|
Section 91.707; |
|
(14) fees collected under Section 91.1013; |
|
(15) fees collected under Section 89.088; |
|
(16) fees collected under Section 91.142; |
|
(17) fees collected under Section 91.654; |
|
(18) costs recovered under Sections 91.656 and 91.657; |
|
(19) fees collected under Section 81.0521; |
|
(20) fees collected under Sections 89.024 and 89.026; |
|
(21) legislative appropriations; |
|
(22) any surcharges collected under Section 81.070; |
|
(23) fees collected under Section 91.0115; |
|
(24) fees collected under Subchapter E, Chapter 121, |
|
Utilities Code; |
|
(25) fees collected under Section 27.0321, Water Code; |
|
[and] |
|
(26) fees collected under Section 81.071; and |
|
(27) [(26)] money collected under Section 81.021. |
|
SECTION 2. Section 91.109, Natural Resources Code, is |
|
amended by adding Subsection (d) to read as follows: |
|
(d) This subsection applies only to a pipeline operator |
|
described by Section 91.1133. A pipeline operator shall file an |
|
additional bond, letter of credit, or cash deposit in an amount |
|
equal to $1,000 for each mile of pipeline, conditioned that the |
|
pipeline operator will comply with the requirements of Section |
|
91.1133(a). |
|
SECTION 3. Subchapter D, Chapter 91, Natural Resources |
|
Code, is amended by adding Section 91.1133 to read as follows: |
|
Sec. 91.1133. SURFACE REMEDIATION BY PIPELINE OPERATOR OR |
|
COMMISSION. (a) |
|
A pipeline operator required to file an |
|
organization report under Section 91.142 who is not involved in an |
|
activity that is associated with the ownership or operation of |
|
wells and is not listed in Section 91.109(b)(1) shall, after the |
|
installation of the pipeline, promptly restore to its former |
|
condition of usefulness land that is owned by a person other than |
|
the pipeline operator and is disturbed by the installation of the |
|
pipeline. |
|
(b) The commission may use money in the oil and gas |
|
regulation and cleanup fund to restore to its former condition of |
|
usefulness land that is disturbed by the installation of a pipeline |
|
and is owned by a person other than a pipeline operator if the |
|
landowner requests that the commission restore the land and the |
|
pipeline operator: |
|
(1) has failed or refused to restore the land after |
|
notice and opportunity for hearing; or |
|
(2) is unknown, cannot be found, or has no assets with |
|
which to restore the land. |
|
(c) The commission or its employees or agents, on proper |
|
identification, may enter the land of another for the purpose of |
|
restoring land under this section. |
|
(d) Restoration of land by the commission under this section |
|
does not prevent the commission from seeking penalties or other |
|
relief provided by law from the pipeline operator. |
|
(e) The commission and its employees are not liable for any |
|
damages arising from an act or omission if the act or omission is |
|
part of a good-faith effort to carry out this section. |
|
(f) If the commission restores land under this section, the |
|
commission may recover all costs incurred by the commission from |
|
the pipeline operator. The commission by order may require the |
|
pipeline operator to reimburse the commission for those costs or |
|
may request the attorney general to file suit against the pipeline |
|
operator 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 |
|
and gas regulation and cleanup fund. |
|
SECTION 4. Sections 91.109(d) and 91.1133, Natural |
|
Resources Code, as added by this Act, apply only to a person |
|
required to file a bond or other form of financial security on or |
|
after the effective date of this Act. A person required to file a |
|
bond or other form of financial security under Section 91.109, |
|
Natural Resources Code, before the effective date of this Act or who |
|
completes the installation of a pipeline before the effective date |
|
of this Act is governed by the law as it existed immediately before |
|
the effective date of this Act, and that law is continued in effect |
|
for that purpose. |
|
SECTION 5. Chapter 91, Natural Resources Code, is amended |
|
by adding Subchapter B-1 to read as follows: |
|
SUBCHAPTER B-1. DUTIES RELATING TO PIPELINES |
|
Sec. 91.031. APPLICABILITY. This subchapter applies only |
|
to pipelines under the jurisdiction of the commission's pipeline |
|
safety and regulatory program. |
|
Sec. 91.032. RESTORATION OF DISTURBED LAND. A pipeline |
|
operator is entitled to install, maintain, and operate a pipeline |
|
only if the pipeline operator ensures that land owned by a person |
|
other than the pipeline operator that is used for agricultural |
|
purposes or set aside for the preservation of wildlife and is |
|
disturbed by the installation, maintenance, or operation of the |
|
pipeline is promptly restored to its former condition of usefulness |
|
after the installation, maintenance, or operation of the pipeline |
|
facility is complete. |
|
SECTION 6. Subchapter B, Chapter 26, Water Code, is amended |
|
by adding Section 26.0421 to read as follows: |
|
Sec. 26.0421. PIPELINE EASEMENT MONITORING. (a) The |
|
commission shall establish a program to monitor the restoration of |
|
grading of land in pipeline right-of-way easements to protect water |
|
quality in this state and ensure that soil composition in the area |
|
of the easement remains consistent. |
|
(b) The commission may collaborate with the Railroad |
|
Commission of Texas as needed for the purposes of this section. |
|
SECTION 7. To the extent of any conflict, this Act prevails |
|
over another Act of the 86th Legislature, Regular Session, 2019, |
|
relating to nonsubstantive additions to and corrections in enacted |
|
codes. |
|
SECTION 7. This Act takes effect September 1, 2019. |