Bill Text: TX SB786 | 2023-2024 | 88th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Comm_Sub.html
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-Comm_Sub.html
By: Birdwell, Blanco | S.B. No. 786 | |
(In the Senate - Filed February 8, 2023; March 1, 2023, read | ||
first time and referred to Committee on Natural Resources & | ||
Economic Development; April 6, 2023, reported favorably by the | ||
following vote: Yeas 9, Nays 0; April 6, 2023, sent to printer.) | ||
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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. | ||
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