Zwiener’s Carbon Council Studies, Reports, Then Ends In 2032

The text as introduced · 768 words

By: Zwiener
H.B. No. 2612

A BILL TO BE ENTITLED

AN ACT

relating to the establishment and functions of the Texas Carbon

Dioxide Sequestration Policy Council.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter C, Chapter 81, Natural Resources

Code, is amended by adding Section 81.076 to read as follows:

Sec. 81.076. TEXAS CARBON DIOXIDE SEQUESTRATION POLICY

COUNCIL. (a) In this section:

(1) "Anthropogenic carbon dioxide" has the meaning

assigned by Section 27.002, Water Code.

(2) "Bureau" means the Bureau of Economic Geology of

The University of Texas at Austin.

(3) "Carbon capture industry" means the full chain of

entities, facilities, and activities involved with the capture,

utilization, and storage of carbon dioxide through the use of

carbon capture technology and includes:

(A) advanced clean energy projects as defined by

Section 382.003, Health and Safety Code;

(B) carbon dioxide repositories as defined by

Section 382.501, Health and Safety Code;

(C) storage operators as defined by Section

121.001 of this code; and

(D) anthropogenic carbon dioxide injection

wells, geologic storage, geologic storage facilities, and

reservoirs as defined by Section 27.002, Water Code.

(4) "Carbon capture technology" means technology

employed by the carbon capture industry to capture, store, and use

high concentrations of carbon dioxide and includes but is not

limited to:

(A) direct air capture;

(B) smokestack capture; and

(C) enhanced oil recovery.

(5) "Council" means the Texas Carbon Dioxide

Sequestration Policy Council.

(6) "Sequester" has the meaning assigned by Section

120.001 of this code.

(b) The Texas Carbon Dioxide Sequestration Policy Council

is established within the commission to study and make

recommendations relating to the commission's policy framework for

carbon dioxide sequestration, the carbon capture industry, and

carbon capture technology.

(c) The council is composed of:

(1) the chair of the commission or the chair's

designee; and

(2) not more than 16 members appointed by the

commission to represent as many different types of participants as

possible, including:

(A) at least three but not more than five

representatives from the carbon capture industry;

(B) at least three but not more than five

representatives from the bureau consisting of different types of

participants than those appointed from the carbon capture industry;

and

(C) at least three but not more than five

representatives from state or national nonprofit entities focused

on environmental issues and reducing anthropogenic carbon dioxide

emissions.

(d) The chair of the commission or the chair's designee is

the chair of the council.

(e) A member of the council is not entitled to compensation

or reimbursement of expenses for service on the council.

(f) The council shall:

(1) study the development of carbon capture

technologies and the carbon capture industry in this state;

(2) study the reliability of long-term geologic

storage of carbon dioxide or anthropogenic carbon dioxide;

(3) monitor and assess the accuracy of accounting

techniques employed to determine:

(A) the net amount of carbon dioxide sequestered

by each carbon capture technology;

(B) the net amount of carbon dioxide sequestered

across the carbon capture industry;

(C) fugitive emissions across the carbon capture

industry; and

(D) energy use across the carbon capture

industry;

(4) coordinate actions with other state agencies and

the bureau in studying, monitoring, and supporting the development

of this state's carbon capture industry;

(5) develop a state plan for carbon capture technology

and carbon capture industry oversight by the commission; and

(6) create an online database of carbon capture

projects in this state that includes for each project:

(A) a description of the carbon capture

technology employed; and

(B) the net amount of carbon dioxide sequestered.

(g) Not later than September 1, 2026, the council shall

prepare and submit a report to the legislature that includes:

(1) recommendations relating to legislative and

regulatory changes needed for:

( A) comprehensive and standardized oversight and

regulation of carbon capture technologies and the carbon capture

industry to ensure net negative carbon emissions;

(B) minimizing and addressing environmental and

physical safety risks associated with carbon capture technologies

and the carbon capture industry, including industry-wide fugitive

emissions, increased seismicity, groundwater contamination,

pipeline ruptures, and plume drift;

(D) addressing issues of legal significance,

including subsurface trespass and long-term liability;

(E) addressing barriers to the implementation of

carbon capture technologies and carbon capture industries,

including incentives; and

(F) ensuring accurate inventorying of carbon

sequestration, fugitive emissions rates, and plume monitoring.

(2) the methodologies used to calculate the net amount

of carbon dioxide sequestered across the various carbon capture

technologies employed by the carbon capture industry.

(h) The council is abolished and this section expires

January 1, 2032.

SECTION 2. This Act takes effect September 1, 2025.