Turner Methane Bill Orders Repairs Or Shutdowns Within 30 Days

The text as introduced · 1,563 words

89R11158 KRM-F

By: Turner
H.B. No. 3263

A BILL TO BE ENTITLED

AN ACT

relating to a program for monitoring methane emissions using funds

from the Texas emissions reduction plan.

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

SECTION 1. Chapter 382, Health and Safety Code, is amended

by adding Subchapter J-1 to read as follows:

SUBCHAPTER J-1. METHANE EMISSIONS PROGRAM

Sec. 382.471. DEFINITION. In this subchapter, "emission"

includes any emission of gas, including an emission caused by a

leak, blow out, or accident.

Sec. 382.472. METHANE EMISSIONS PROGRAM. (a) In

accordance with any provision of a state implementation plan

adopted to comply with federal rules regarding emissions of methane

and associated gases under Section 111 or 112 of the federal Clean

Air Act (42 U.S.C. Section 7411 or 7412), the commission by rule

shall:

(1) adopt standards for:

(A) methane emissions; and

(B) emissions of gases associated with methane

emissions; and

(2) establish a program in the manner provided by this

section to identify and monitor areas of concern in this state for

high emissions of methane and gases associated with methane.

(b) The commission may require and issue permits for

emissions of methane or other gases associated with methane if

necessary to implement this section.

(c) The commission shall establish a continuous emissions

monitoring program in areas of this state that have substantial

infrastructure associated with emissions of methane and associated

gases, such as oil and gas facilities, wastewater treatment plants,

or pulp and paper facilities. The program must provide for the

operation of monitoring devices that:

(1) detect, measure, and continuously monitor methane

and associated gas levels in the atmosphere to:

(A) identify background emission levels;

(B) detect locations where emissions exceed

expected background levels; and

(C) measure changes in background emission

levels over time; and

(2) provide real-time data on methane and other

associated gas emissions from facilities that are subject to the

standards adopted under Subsection (a) to rapidly detect and

quantify leaks without the need for intermittent sampling.

(d) The commission shall:

(1) monitor emissions of methane and other associated

gases under Subsection (c) to identify areas of concern;

(2) operate a network of sensors in each area of

concern to monitor and identify sources of emissions of methane and

other associated gases that are not in compliance with the

standards adopted under Subsection (a); and

(3) assist operators of facilities in areas of concern

with reducing regulated emissions and complying with federal and

state regulations related to those emissions.

(e) The commission may contract with a third party,

including an institution of higher education or a nonprofit

organization, to operate a sensor under the program.

Sec. 382.473. ENFORCEMENT. (a) If the commission

identifies a facility as the source of an emission of methane or

other associated gas under Section 382.472 that violates a standard

adopted under that section, the commission shall require the

operator of the facility to repair or shut off the source of the

emission not later than the 30th day after the date the commission

identifies the facility. The operator may not resume operations at

the facility until the facility is repaired and the commission

authorizes the resumption.

(b) The commission shall consider an operator's compliance

with Subsection (a) when determining whether to impose a penalty

for a violation of a standard adopted under Subsection (a).

SECTION 2. Section 386.051(b), Health and Safety Code, is

amended to read as follows:

(b) Under the plan, the commission and the comptroller shall

provide grants or other funding for:

(1) the diesel emissions reduction incentive program

established under Subchapter C, including for infrastructure

projects established under that subchapter;

(2) the motor vehicle purchase or lease incentive

program established under Subchapter D;

(3) the air quality research support program

established under Chapter 387;

(4) the clean school bus program established under

Chapter 390;

(5) the new technology implementation grant program

established under Chapter 391;

(6) the regional air monitoring program established

under Section 386.252(a);

(7) a health effects study as provided by Section

386.252(a);

(8) air quality planning activities as provided by

Section 386.252(d);

(9) a contract with the Energy Systems Laboratory at

the Texas A&M Engineering Experiment Station for computation of

creditable statewide emissions reductions as provided by Section

386.252(a);

(10) the Texas clean fleet program established under

Chapter 392;

(11) the Texas alternative fueling facilities program

established under Chapter 393;

(12) the Texas natural gas vehicle grant program

established under Chapter 394;

(13) other programs the commission may develop that

lead to reduced emissions of nitrogen oxides, particulate matter,

or volatile organic compounds in a nonattainment area or affected

county;

(14) other programs the commission may develop that

support congestion mitigation to reduce mobile source ozone

precursor emissions;

(15) the seaport and rail yard areas emissions

reduction program established under Subchapter D-1;

(16) conducting research and other activities

associated with making any necessary demonstrations to the United

States Environmental Protection Agency to account for the impact of

foreign emissions or an exceptional event;

(17) studies of or pilot programs for incentives for

port authorities located in nonattainment areas or affected

counties as provided by Section 386.252(a);

(18) the governmental alternative fuel fleet grant

program established under Chapter 395;

(19) remittance of funds to the state highway fund for

use by the Texas Department of Transportation for congestion

mitigation and air quality improvement projects in nonattainment

areas and affected counties; [ and ]

(20) the Texas hydrogen infrastructure, vehicle, and

equipment grant program established under Subchapter G ; and

(21) the methane emissions program established under

Section 382.472 .

SECTION 3. Section 386.252(a), Health and Safety Code, is

amended to read as follows:

(a) Money in the fund and account may be used only to

implement and administer programs established under the plan.

Subject to the reallocation of funds by the commission under

Subsection (h) and after remittance to the state highway fund under

Subsection (a-1), money from the fund and account to be used for the

programs under Section 386.051(b) shall initially be allocated as

follows:

(1) four percent may be used for the clean school bus

program under Chapter 390;

(2) eight percent total may be used between the Texas

hydrogen infrastructure, vehicle, and equipment grant program

established under Subchapter G and the new technology

implementation grant program under Chapter 391, from which at least

$1 million will be set aside for electricity storage projects

related to renewable energy and not more than $8 million may be used

for the Texas hydrogen infrastructure, vehicle, and equipment grant

program;

(3) five percent may be used for the Texas clean fleet

program under Chapter 392;

(4) not more than $3 million may be used by the

commission to fund a regional air monitoring program in commission

Regions 3 and 4 to be implemented under the commission's oversight,

including direction regarding the type, number, location, and

operation of, and data validation practices for, monitors funded by

the program through a regional nonprofit entity located in North

Texas having representation from counties, municipalities, higher

education institutions, and private sector interests across the

area;

(5) 7.5 percent may be used for the Texas natural gas

vehicle grant program under Chapter 394;

(6) not more than $6 million may be used for the Texas

alternative fueling facilities program under Chapter 393, of which

a specified amount may be used for fueling stations to provide

natural gas fuel, except that money may not be allocated for the

Texas alternative fueling facilities program for the state fiscal

year ending August 31, 2019;

(7) not more than $750,000 may be used each year to

support research related to air quality as provided by Chapter 387;

(8) not more than $200,000 may be used for a health

effects study;

(9) at least $6 million but not more than 15 percent

may be used by the commission for administrative costs, including

all direct and indirect costs for administering the plan, costs for

conducting outreach and education activities, and costs

attributable to the review or approval of applications for

marketable emissions reduction credits;

(10) six percent may be used by the commission for the

seaport and rail yard areas emissions reduction program established

under Subchapter D-1;

(11) 2.5 percent may be used for the light-duty motor

vehicle purchase or lease incentive program established under

Subchapter D;

(12) not more than $500,000 may be used by the

commission to contract with the Energy Systems Laboratory at the

Texas A&M Engineering Experiment Station annually for the

development and annual computation of creditable statewide

emissions reductions for the state implementation plan that are

obtained through:

(A) wind and other renewable energy resources;

(B) energy efficiency programs administered by

the Public Utility Commission of Texas or the State Energy

Conservation Office; or

(C) the implementation of advanced building

energy codes;

(13) not more than $500,000 may be used for studies of

or pilot programs for incentives for port authorities located in

nonattainment areas or affected counties to encourage cargo

movement that reduces emissions of nitrogen oxides and particulate

matter; [ and ]

(14) not more than $2 million may be used by the

commission for the methane emissions program under Section 382.472;

and

(15) the balance is to be used by the commission for

the diesel emissions reduction incentive program under Subchapter C

as determined by the commission.

SECTION 4. This Act takes effect September 1, 2025.