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A BILL TO BE ENTITLED
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AN ACT
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relating to the response to certain oil or gas well accidents by |
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state agencies and responsible parties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 91, Natural Resources |
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Code, is amended by adding Sections 91.118, 91.119, and 91.120 to |
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read as follows: |
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Sec. 91.118. NOTICE TO COMMISSION OF WELL FIRE, LEAK, |
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SPILL, OR BREAK. (a) An operator of an oil or gas well shall: |
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(1) give immediate notice of a fire, leak, spill, or |
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break at the well to the appropriate commission oil and gas division |
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district office; and |
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(2) submit to the commission a letter giving a full |
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description of the event, including the volume of crude oil, gas, or |
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other well liquids or gases lost. |
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(b) This section does not limit the authority of the |
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commission to require other types of notice from operators. |
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Sec. 91.119. WELL BLOWOUT EMERGENCY ALERT SYSTEM. (a) In |
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this section, "state emergency response commission" means the state |
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emergency management council or other committee appointed by the |
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governor in accordance with the Emergency Planning and Community |
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Right-to-Know Act of 1986 (42 U.S.C. Section 11001 et seq.). |
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(b) The commission and the Texas Commission on |
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Environmental Quality shall jointly develop an emergency alert |
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system to notify the public of the uncontrolled release from an oil |
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or gas well of a substance that will substantially endanger human |
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health or the environment. The commission and the Texas Commission |
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on Environmental Quality shall consult with the state emergency |
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response commission in developing the system. |
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(c) If the commission or the Texas Commission on |
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Environmental Quality determines that an uncontrolled release of a |
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substance from an oil or gas well will substantially endanger human |
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health or the environment, that agency shall, not later than 30 |
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minutes after making the determination, notify persons in the area |
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in which the well is located of the release using the alert system. |
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When the agency determines a release is no longer a threat to human |
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health or the environment, the agency shall notify persons using |
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the alert system. |
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(d) In developing the alert system, the commission and the |
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Texas Commission on Environmental Quality may use as a model the |
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alert systems established by Subchapter L, Chapter 411, Government |
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Code, and Section 51.854, Water Code. |
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(e) The alert system must: |
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(1) allow a person to register for a preferred method |
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of receiving a message under the alert system and allow a person the |
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option of not receiving the alerts; |
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(2) provide notification through reverse 9-1-1 calls, |
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text messages, e-mails, social media, and other instant messaging |
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systems; and |
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(3) allow the state agency providing the notification |
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to modify the notification based on: |
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(A) the distance of the release to the person |
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receiving the notification; and |
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(B) the projected movement of the release. |
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(f) An alert issued by the alert system must include: |
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(1) each area affected by the release, including a |
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geographic display of the severity of the threat posed by the |
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release; |
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(2) a link to an Internet website or other message |
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system that maintains current information on each affected area; |
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(3) a link to an Internet website or other message |
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system that describes a symptom of any illness caused by the release |
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that may require emergency medical treatment; |
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(4) the chemicals involved in and toxicity of the |
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release; |
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(5) the projected movement of the release; and |
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(6) instructions for protection from exposure to the |
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release or for reducing exposure to the release. |
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Sec. 91.120. APPLICATION FOR PERMIT FOR WELL ADJACENT TO |
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WELL BLOWOUT SITE. (a) In the case of a conflict between this |
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section and Section 91.114, this section controls. |
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(b) Except as provided by Subsection (e), the commission may |
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not approve an application for a permit to drill an oil or gas well |
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if: |
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(1) the organization that submitted the application: |
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(A) violated a statute or commission rule, order, |
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license, certificate, or permit that relates to safety or the |
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prevention or control of pollution; or |
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(B) is under investigation by a state or federal |
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agency for an alleged violation of a statute or commission rule, |
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order, license, certificate, or permit that relates to safety or |
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the prevention or control of pollution; |
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(2) the violation or alleged violation described by |
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Subdivision (1) relates to an uncontrolled release from an oil or |
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gas well of a substance that substantially endangered human health |
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or the environment; and |
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(3) the well that is the subject of the application is |
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proposed to be drilled at a site adjacent to the site of the |
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violation or alleged violation described by Subdivision (1). |
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(c) An organization has committed a violation for purposes |
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of Subsection (b)(1)(A) of this section if the circumstances |
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described by Section 91.114(b) have been met with respect to the |
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violation. |
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(d) The commission may adopt rules if necessary to establish |
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criteria for determining whether a site is adjacent to another site |
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for the purposes of this section. |
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(e) The commission may approve the application if: |
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(1) the conditions that constituted the violation have |
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been corrected; |
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(2) the organization has paid all administrative, |
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civil, and criminal penalties and all cleanup and plugging costs |
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incurred by the state relating to those conditions; and |
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(3) the application is in compliance with all other |
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requirements of law and commission rules. |
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(f) If an application is rejected under this section, the |
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commission shall provide the organization with a written statement |
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explaining the reason for the rejection. |
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(g) Notwithstanding Subsection (b), the commission may |
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issue a permit to drill an oil or gas well to an organization |
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described by Subsection (b) for a term specified by the commission |
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if the permit is necessary to remedy a violation of law or |
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commission rules. |
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(h) A fee tendered in connection with an application that is |
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rejected under this section is nonrefundable. |
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SECTION 2. Section 91.120, Natural Resources Code, as added |
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by this Act, applies only to an application for a permit to drill an |
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oil or gas well filed with the Railroad Commission of Texas on or |
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after the effective date of this Act. An application for a permit |
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filed before the effective date of this Act is governed by the law |
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in effect on the date of filing, and that law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2019. |