bill makes pipeline operators pay local responders

The text as introduced · 667 words

89R9716 JAM-D

By: Goodwin
H.B. No. 4835

A BILL TO BE ENTITLED

AN ACT

relating to the pipeline transport and geologic storage of certain

substances under the jurisdiction of the Railroad Commission of

Texas.

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

SECTION 1. Section 117.012, Natural Resources Code, is

amended by adding Subsection (j) to read as follows:

(j) If a facility response plan described by Subsection (d)

or (e), a discharge prevention and response plan described by

Subsection (f), or a community liaison activity conducted with

fire, police, or other public emergency response officials for a

hazardous liquid or carbon dioxide pipeline facility indicates that

the appropriate emergency response officials are inadequately

equipped to satisfactorily respond to a worst case discharge from

the facility of hazardous liquids or carbon dioxide or to a

substantial threat of such a discharge from the facility that could

reasonably be expected to cause substantial harm to the

environment, the commission shall require the operator of the

facility to pay to each appropriate emergency response entity an

amount necessary to enable the entity to satisfactorily respond to

such a discharge or threat of discharge from the facility. A

payment made under this subsection:

(1) shall be deposited to a restricted fund under the

control of the governing body that is responsible for the budget of

the emergency response entity; and

(2) may be used only to obtain equipment or training

necessary for the emergency response entity to satisfactorily

respond to a discharge or threat described by this subsection.

SECTION 2. Subchapter C-1, Chapter 27, Water Code, is

amended by adding Section 27.0445 to read as follows:

Sec. 27.0445. FACILITY RESPONSE PLAN; FEE. (a) An

applicant for a permit under this subchapter shall prepare and

submit for railroad commission approval a facility response plan

that includes plans for responding, to the maximum extent

practicable, to a worst case failure at the well or facility and to

a substantial threat of a discharge of anthropogenic carbon dioxide

that could reasonably be expected to cause substantial harm to the

environment.

(b) In preparing the plan described by Subsection (a), the

applicant shall communicate and conduct liaison activities with

fire, police, and other appropriate public emergency response

officials in the area where the well or facility is proposed to be

located to assess the officials' preparedness to respond to a

discharge or threat described by Subsection (a).

(c) If a facility response plan described by Subsection (a)

or a community liaison activity described by Subsection (b)

indicates that the appropriate emergency response officials are

inadequately equipped to satisfactorily respond to a discharge or

threat described by Subsection (a), the railroad commission shall

require the applicant to pay to each appropriate emergency response

entity an amount necessary to enable the entity to satisfactorily

respond to a discharge or threat described by Subsection (a). A

payment made under this subsection:

(1) shall be deposited to a restricted fund under the

control of the governing body that is responsible for the budget of

the emergency response entity; and

(2) may be used only to obtain equipment or training

necessary for the emergency response entity to satisfactorily

respond to a discharge or threat described by Subsection (a).

SECTION 3. (a) Not later than March 1, 2026, the Railroad

Commission of Texas shall adopt any rules necessary to implement

Section 117.012(j), Natural Resources Code, and Section 27.0445,

Water Code, as added by this Act.

(b) Section 27.0445, Water Code, as added by this Act,

applies only to a permit application submitted to the Railroad

Commission of Texas on or after the effective date of the applicable

rules adopted under Subsection (a) of this section. A permit

application submitted before the effective date of the applicable

rules adopted under Subsection (a) of this section is governed by

the law in effect when the permit application was submitted, and the

former law is continued in effect for that purpose.

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