Bill Text: TX HB4423 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to surface remediation and the restoration of land disturbed by the installation of a pipeline.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-08 - Left pending in committee [HB4423 Detail]
Download: Texas-2019-HB4423-Introduced.html
By: Zwiener | H.B. No. 4423 |
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relating to surface remediation and the restoration of land | ||
disturbed by the installation of a pipeline. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 81.067(c), Natural Resources Code, as | ||
amended by Chapters 57 (H.B. 1818), 72 (S.B. 1422), and 324 (S.B. | ||
1488), Acts of the 85th Legislature, Regular Session, 2017, is | ||
reenacted and amended to read as follows: | ||
(c) The fund consists of: | ||
(1) proceeds from bonds and other financial security | ||
required by this chapter and benefits under well-specific plugging | ||
insurance policies described by Section 91.104(c) that are paid to | ||
the state as contingent beneficiary of the policies, subject to the | ||
refund provisions of Section 91.1091, if applicable; | ||
(2) private contributions, including contributions | ||
made under Section 89.084; | ||
(3) expenses collected under Section 89.083; | ||
(4) fees imposed under Section 85.2021; | ||
(5) costs recovered under Section 91.457 or 91.459; | ||
(6) proceeds collected under Sections 89.085 and | ||
91.115; | ||
(7) interest earned on the funds deposited in the | ||
fund; | ||
(8) oil and gas waste hauler permit application fees | ||
collected under Section 29.015, Water Code; | ||
(9) costs recovered under Sections [ |
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91.113(f) and 91.1133(f); | ||
(10) hazardous oil and gas waste generation fees | ||
collected under Section 91.605; | ||
(11) oil-field cleanup regulatory fees on oil | ||
collected under Section 81.116; | ||
(12) oil-field cleanup regulatory fees on gas | ||
collected under Section 81.117; | ||
(13) fees for a reissued certificate collected under | ||
Section 91.707; | ||
(14) fees collected under Section 91.1013; | ||
(15) fees collected under Section 89.088; | ||
(16) fees collected under Section 91.142; | ||
(17) fees collected under Section 91.654; | ||
(18) costs recovered under Sections 91.656 and 91.657; | ||
(19) fees collected under Section 81.0521; | ||
(20) fees collected under Sections 89.024 and 89.026; | ||
(21) legislative appropriations; | ||
(22) any surcharges collected under Section 81.070; | ||
(23) fees collected under Section 91.0115; | ||
(24) fees collected under Subchapter E, Chapter 121, | ||
Utilities Code; | ||
(25) fees collected under Section 27.0321, Water Code; | ||
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(26) fees collected under Section 81.071; and | ||
(27) [ |
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SECTION 2. Section 91.109, Natural Resources Code, is | ||
amended by adding Subsection (d) to read as follows: | ||
(d) This subsection applies only to a pipeline operator | ||
described by Section 91.1133. A pipeline operator shall file an | ||
additional bond, letter of credit, or cash deposit in an amount | ||
equal to $1,000 for each mile of pipeline, conditioned that the | ||
pipeline operator will comply with the requirements of Section | ||
91.1133(a). | ||
SECTION 3. Subchapter D, Chapter 91, Natural Resources | ||
Code, is amended by adding Section 91.1133 to read as follows: | ||
Sec. 91.1133. SURFACE REMEDIATION BY PIPELINE OPERATOR OR | ||
COMMISSION. (a) | ||
A pipeline operator required to file an | ||
organization report under Section 91.142 who is not involved in an | ||
activity that is associated with the ownership or operation of | ||
wells and is not listed in Section 91.109(b)(1) shall, after the | ||
installation of the pipeline, promptly restore to its former | ||
condition of usefulness land that is owned by a person other than | ||
the pipeline operator and is disturbed by the installation of the | ||
pipeline. | ||
(b) The commission may use money in the oil and gas | ||
regulation and cleanup fund to restore to its former condition of | ||
usefulness land that is disturbed by the installation of a pipeline | ||
and is owned by a person other than a pipeline operator if the | ||
landowner requests that the commission restore the land and the | ||
pipeline operator: | ||
(1) has failed or refused to restore the land after | ||
notice and opportunity for hearing; or | ||
(2) is unknown, cannot be found, or has no assets with | ||
which to restore the land. | ||
(c) The commission or its employees or agents, on proper | ||
identification, may enter the land of another for the purpose of | ||
restoring land under this section. | ||
(d) Restoration of land by the commission under this section | ||
does not prevent the commission from seeking penalties or other | ||
relief provided by law from the pipeline operator. | ||
(e) The commission and its employees are not liable for any | ||
damages arising from an act or omission if the act or omission is | ||
part of a good-faith effort to carry out this section. | ||
(f) If the commission restores land under this section, the | ||
commission may recover all costs incurred by the commission from | ||
the pipeline operator. The commission by order may require the | ||
pipeline operator to reimburse the commission for those costs or | ||
may request the attorney general to file suit against the pipeline | ||
operator to recover those costs. At the request of the commission, | ||
the attorney general may file suit to enforce an order issued by the | ||
commission under this subsection. A suit under this subsection may | ||
be filed in any court of competent jurisdiction in Travis County. | ||
Costs recovered under this subsection shall be deposited to the oil | ||
and gas regulation and cleanup fund. | ||
SECTION 4. Sections 91.109(d) and 91.1133, Natural | ||
Resources Code, as added by this Act, apply only to a person | ||
required to file a bond or other form of financial security on or | ||
after the effective date of this Act. A person required to file a | ||
bond or other form of financial security under Section 91.109, | ||
Natural Resources Code, before the effective date of this Act or who | ||
completes the installation of a pipeline before the effective date | ||
of this Act is governed by the law as it existed immediately before | ||
the effective date of this Act, and that law is continued in effect | ||
for that purpose. | ||
SECTION 5. Chapter 91, Natural Resources Code, is amended | ||
by adding Subchapter B-1 to read as follows: | ||
SUBCHAPTER B-1. DUTIES RELATING TO PIPELINES | ||
Sec. 91.031. APPLICABILITY. This subchapter applies only | ||
to pipelines under the jurisdiction of the commission's pipeline | ||
safety and regulatory program. | ||
Sec. 91.032. RESTORATION OF DISTURBED LAND. A pipeline | ||
operator is entitled to install, maintain, and operate a pipeline | ||
only if the pipeline operator ensures that land owned by a person | ||
other than the pipeline operator that is used for agricultural | ||
purposes or set aside for the preservation of wildlife and is | ||
disturbed by the installation, maintenance, or operation of the | ||
pipeline is promptly restored to its former condition of usefulness | ||
after the installation, maintenance, or operation of the pipeline | ||
facility is complete. | ||
SECTION 6. Subchapter B, Chapter 26, Water Code, is amended | ||
by adding Section 26.0421 to read as follows: | ||
Sec. 26.0421. PIPELINE EASEMENT MONITORING. (a) The | ||
commission shall establish a program to monitor the restoration of | ||
grading of land in pipeline right-of-way easements to protect water | ||
quality in this state and ensure that soil composition in the area | ||
of the easement remains consistent. | ||
(b) The commission may collaborate with the Railroad | ||
Commission of Texas as needed for the purposes of this section. | ||
SECTION 7. To the extent of any conflict, this Act prevails | ||
over another Act of the 86th Legislature, Regular Session, 2019, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 7. This Act takes effect September 1, 2019. |