Bill Text: TX HB4382 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the issuance by the Railroad Commission of Texas of a certificate of convenience and necessity for certain common carrier pipelines.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-03-25 - Referred to Energy Resources [HB4382 Detail]

Download: Texas-2019-HB4382-Introduced.html
 
 
  By: Zwiener H.B. No. 4382
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the issuance by the Railroad Commission of Texas of a
  certificate of convenience and necessity for certain common carrier
  pipelines.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Subchapter I, Chapter 111,
  Natural Resources Code, is amended to read as follows:
  SUBCHAPTER I.  CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR
  CERTAIN COMMON CARRIER [COAL] PIPELINES
         SECTION 2.  Section 111.301, Natural Resources Code, is
  amended to read as follows:
         Sec. 111.301.  CERTIFICATE REQUIRED. A person that is a
  common carrier under Sections 111.002(1)-(6), or a common carrier
  of natural gas or other commodities under Section 2.105 of the
  Texas Business Organizations Code,[Subsection (5), Section 111.002
  of this code] must apply for and be issued a certificate of public
  convenience and necessity from the commission pursuant to the
  commission's authority to issue certificates under Section 111.302
  [of this code] if the commission finds after a hearing that the
  public convenience and necessity will be served by the construction
  and operation of the pipeline.
         SECTION 3.  Sections 111.302(a), (c), and (d), Natural
  Resources Code, are amended to read as follows:
         (a)  The commission is further authorized, empowered, and
  directed to issue certificates of public convenience and necessity
  to common carrier pipelines [transporting coal in whatever form or
  mixture for hire] in Texas if the commission finds that the public
  convenience and necessity will be served in that existing
  facilities will not be able to provide the transportation as
  economically or efficiently as the proposed pipeline.
         (c)  The commission shall not issue a permit, certificate, or
  any authority to any common carrier [applicant] whose rates and
  charges are not regulated by government authority, either state or
  federal, and that state or federal regulations insure to the public
  [and to the ultimate electric consumer] that the contracts, rates,
  and charges shall be just and reasonable, nondiscriminatory, and
  offering no preference or advantage to any person, corporation,
  entity, or group.
         (d)  The commission shall not issue a permit, certificate, or
  any authority for a common carrier pipeline [to any applicant whose
  pipeline transporting coal in whatever form] unless the pipeline
  [transporting coal in whatever form] is to be buried at least 36
  inches below the surface, except in such instances in which the
  commission specifically exempts the 36-inch depth requirement and
  unless the pipeline [transporting coal in whatever form] conforms
  to all applicable state or federal regulations concerning the
  operation, maintenance, and construction of that [same] pipeline.
         SECTION 4.  Sections 111.303 and 111.305, Natural Resources
  Code, are amended to read as follows:
         Sec. 111.303.  CERTIFICATION PROCEDURE. (a)  A person that
  applies for a certificate of public convenience and necessity for a
  common carrier [The coal] pipeline under this subchapter
  [applicant] shall publish, in accordance with regulations
  promulgated by the commission and existing law, a notice that it has
  filed the [an] application [for a certificate of public convenience
  and necessity under this Act] in a newspaper of general circulation
  in each county in which the project will be located.  The notice
  shall, among other things, specify to the extent practicable the
  land which would be subject to the power of eminent domain.
         (b)  The commission shall then conduct public hearings in
  areas of the state along the prospective pipeline right-of-way as
  it shall determine shall be necessary to give all property owners
  identified by the common carrier along the proposed pipeline
  right-of-way an opportunity to be heard.  The commission is vested
  with authority and discretion to alter the right-of-way to meet
  with local objections.
         Sec. 111.305.  OTHER AGENCIES. (a)  The commission shall
  seek and act on the recommendations of the Texas [Natural Resource
  Conservation] Commission on Environmental Quality, the Governor's
  Energy Advisory Council, or their successors responsible for
  environmental determinations and shall specify the proper use and
  disposal of nondischargeable water.
         (b)  Neither the authority conveyed to the commission by this
  subchapter to issue certificates and to promulgate rules governing
  common carrier pipelines [transporting coal in whatever form] nor
  the powers and duties conveyed on those pipelines by this chapter
  shall affect, diminish, or othe
  rwise limit the jurisdiction and
  authority of the Texas Water Development Board and the Texas
  [Natural Resource Conservation] Commission on Environmental
  Quality to regulate by applicable rules the acquisition, use,
  control, disposition, and discharge of water or water rights in
  Texas.
         SECTION 5.  Section 111.304, Natural Resources Code, is
  repealed.
         SECTION 6.  This Act takes effect September 1, 2019.
feedback