Bill Text: TX SB786 | 2023-2024 | 88th Legislature | Enrolled

Texas Senate Bill 786 (Prior Session Legislation)

Bill Title: Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells.

Spectrum: Slight Partisan Bill (Democrat 5-2)

Status: (Passed) 2023-06-02 - Effective on 9/1/23 [SB786 Detail]

Download: Texas-2023-SB786-Enrolled.html



	S.B. No. 786




	AN ACT
	relating to the regulation by the Railroad Commission of Texas of
	closed-loop geothermal injection wells.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subchapter C, Chapter 27, Water Code, is amended
	by adding Section 27.037 to read as follows:
	Sec. 27.037. JURISDICTION OVER CLOSED-LOOP GEOTHERMAL
	INJECTION WELLS. (a) In this section, "closed-loop geothermal
	injection well" means a closed system geothermal well used to
	circulate water, other fluids, or gases through the earth as a heat
	source or heat sink to generate power or heat or cool a structure.
	(b) The railroad commission has jurisdiction over
	closed-loop geothermal injection wells and may issue permits for
	closed-loop geothermal injection wells, including individual
	permits, general permits, or permits by rule.
	(c) A person may not begin drilling a closed-loop geothermal
	injection well unless that person holds a valid permit issued by the
	railroad commission under this section.
	(d) For purposes of railroad commission regulation, a
	closed-loop geothermal injection well is designated as a Class V
	well under the underground injection control program administered
	by the railroad commission.
	(e) The railroad commission shall adopt rules as necessary
	to administer this section and regulate closed-loop geothermal
	injection wells.
	SECTION 2. (a) In this section:
	(1) "Closed-loop geothermal injection well" has the
	meaning assigned by Section 27.037, Water Code, as added by this
	Act.
	(2) "Commission" means the Texas Commission on
	Environmental Quality.
	(3) "Railroad commission" means the Railroad
	Commission of Texas.
	(b) On the effective date of this Act:
	(1) all functions and activities performed by the
	commission that relate to the regulation of closed-loop geothermal
	injection wells under Chapter 27, Water Code, are transferred to
	the railroad commission;
	(2) a rule, standard, or form adopted by the
	commission that is related to the regulation of closed-loop
	geothermal injection wells under Chapter 27, Water Code, is a rule,
	standard, or form of the railroad commission and remains in effect
	until altered by the railroad commission;
	(3) a proceeding involving the commission that is
	related to the regulation of closed-loop geothermal injection wells
	under Chapter 27, Water Code, is transferred without change in
	status to the railroad commission, and the railroad commission
	assumes, without change in status, the position of the commission
	in any proceeding relating to the regulation of closed-loop
	geothermal injection wells to which the commission is a party;
	(4) all money, contracts, leases, rights, and
	obligations of the commission related to closed-loop geothermal
	injection wells under Chapter 27, Water Code, are transferred to
	the railroad commission;
	(5) all property, including records, in the custody of
	the commission related to the regulation of closed-loop geothermal
	injection wells under Chapter 27, Water Code, is transferred to the
	railroad commission; and
	(6) all money appropriated to the commission for
	purposes related to the regulation of closed-loop geothermal
	injection wells under Chapter 27, Water Code, is transferred to the
	railroad commission.
	(c) Section 27.037, Water Code, as added by this Act, does
	not affect the validity of a permit for a closed-loop geothermal
	injection well issued before the effective date of this Act.
	(d) Not later than the 90th day after the effective date of
	this Act:
	(1) the railroad commission shall issue a substitute
	permit under the name and authority of the railroad commission to
	each person who on the effective date of this Act holds a valid
	permit issued by the commission for a closed-loop geothermal
	injection well; and
	(2) the commission shall transmit to the railroad
	commission all pending applications for closed-loop geothermal
	injection wells submitted to the commission before the effective
	date of this Act.
	SECTION 3. This Act takes effect September 1, 2023.





	______________________________	______________________________
	President of the Senate	Speaker of the House

	I hereby certify that S.B. No. 786 passed the Senate on
	April 13, 2023, by the following vote: Yeas 30, Nays 0.


	______________________________
	Secretary of the Senate

	I hereby certify that S.B. No. 786 passed the House on
	May 18, 2023, by the following vote: Yeas 147, Nays 0, one
	present not voting.


	______________________________
	Chief Clerk of the House



	Approved:

	______________________________
	Date


	______________________________
	Governor