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) 2019-04-08 - Left pending in committee [HB4423 Detail]

Download: Texas-2019-HB4423-Introduced.html
 
 
  By: Zwiener H.B. No. 4423
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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 [Section]
  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;
  [and]
               (26)  fees collected under Section 81.071; and
               (27) [(26)]  money collected under Section 81.021.
         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.
feedback