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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation by the Railroad Commission of Texas of |
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closed-loop geothermal injection wells. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 27, Water Code, is amended |
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by adding Section 27.037 to read as follows: |
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Sec. 27.037. JURISDICTION OVER CLOSED-LOOP GEOTHERMAL |
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INJECTION WELLS. (a) In this section, "closed-loop geothermal |
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injection well" means a closed system geothermal well used to |
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circulate water, other fluids, or gases through the earth as a heat |
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source or heat sink to generate power or heat or cool a structure. |
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(b) The railroad commission has jurisdiction over |
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closed-loop geothermal injection wells and may issue permits for |
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closed-loop geothermal injection wells, including individual |
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permits, general permits, or permits by rule. |
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(c) A person may not begin drilling a closed-loop geothermal |
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injection well unless that person holds a valid permit issued by the |
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railroad commission under this section. |
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(d) For purposes of railroad commission regulation, a |
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closed-loop geothermal injection well is designated as a Class V |
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well under the underground injection control program administered |
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by the railroad commission. |
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(e) The railroad commission shall adopt rules as necessary |
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to administer this section and regulate closed-loop geothermal |
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injection wells. |
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SECTION 2. (a) In this section: |
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(1) "Closed-loop geothermal injection well" has the |
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meaning assigned by Section 27.037, Water Code, as added by this |
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Act. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Railroad commission" means the Railroad |
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Commission of Texas. |
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(b) On the effective date of this Act: |
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(1) all functions and activities performed by the |
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commission that relate to the regulation of closed-loop geothermal |
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injection wells under Chapter 27, Water Code, are transferred to |
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the railroad commission; |
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(2) a rule, standard, or form adopted by the |
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commission that is related to the regulation of closed-loop |
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geothermal injection wells under Chapter 27, Water Code, is a rule, |
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standard, or form of the railroad commission and remains in effect |
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until altered by the railroad commission; |
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(3) a proceeding involving the commission that is |
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related to the regulation of closed-loop geothermal injection wells |
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under Chapter 27, Water Code, is transferred without change in |
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status to the railroad commission, and the railroad commission |
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assumes, without change in status, the position of the commission |
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in any proceeding relating to the regulation of closed-loop |
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geothermal injection wells to which the commission is a party; |
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(4) all money, contracts, leases, rights, and |
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obligations of the commission related to closed-loop geothermal |
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injection wells under Chapter 27, Water Code, are transferred to |
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the railroad commission; |
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(5) all property, including records, in the custody of |
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the commission related to the regulation of closed-loop geothermal |
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injection wells under Chapter 27, Water Code, is transferred to the |
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railroad commission; and |
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(6) all money appropriated to the commission for |
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purposes related to the regulation of closed-loop geothermal |
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injection wells under Chapter 27, Water Code, is transferred to the |
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railroad commission. |
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(c) Section 27.037, Water Code, as added by this Act, does |
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not affect the validity of a permit for a closed-loop geothermal |
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injection well issued before the effective date of this Act. |
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(d) Not later than the 90th day after the effective date of |
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this Act: |
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(1) the railroad commission shall issue a substitute |
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permit under the name and authority of the railroad commission to |
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each person who on the effective date of this Act holds a valid |
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permit issued by the commission for a closed-loop geothermal |
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injection well; and |
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(2) the commission shall transmit to the railroad |
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commission all pending applications for closed-loop geothermal |
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injection wells submitted to the commission before the effective |
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date of this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |