Bill Text: TX HB4907 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to capturing and storing carbon dioxide.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-04-05 - Left pending in committee [HB4907 Detail]

Download: Texas-2023-HB4907-Introduced.html
 
 
  By: Guillen H.B. No. 4907
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to capturing and storing carbon dioxide.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 4, Civil Practice and Remedies Code, is
  amended by adding Chapter 100B to read as follows:
  CHAPTER 100B. LIMITED LIABILITY FOR CAPTURING AND STORING CARBON
  DIOXIDE
         Sec. 100B.001.  DEFINITIONS. In this chapter:
               (1)  "Captured carbon dioxide" means carbon dioxide
  from any source that, through human effort or means, is seized for
  the purpose of sequestering the carbon dioxide with the intent of
  permanently preventing the carbon dioxide from being released into
  the atmosphere, including carbon dioxide that is:
                     (A)  captured from the atmosphere;
                     (B)  stripped, segregated, or divided from a fluid
  stream; or
                     (C)  captured from an emissions source, including
  from:
                           (i)  an advanced clean energy project as
  defined by Section 382.003, Health and Safety Code;
                           (ii)  an electric generation facility; or
                           (iii)  an industrial source of emissions.
               (2)  "Carbon dioxide" means the chemical compound
  composed of one carbon and two oxygen atoms. The term includes:
                     (A)  anthropogenic carbon dioxide;
                     (B)  naturally occurring carbon dioxide;
                     (C)  carbon dioxide captured from the atmosphere;
  and
                     (D)  phases, mixtures, and combinations of carbon
  dioxide that include:
                           (i)  a substance incidentally derived from
  the source materials for or process of capturing the carbon
  dioxide;
                           (ii)  a substance added to the carbon
  dioxide stream to enable or improve storage of the carbon dioxide;
  and
                           (iii)  a substance incidentally captured
  with carbon dioxide captured from the atmosphere.
               (3)  "Geologic storage" means the underground storage
  of carbon dioxide in a reservoir.
               (4)  "Geologic storage facility" means the underground
  reservoir, underground equipment, injection wells, and surface
  buildings and equipment used or to be used for the geologic storage
  of carbon dioxide and all surface and subsurface rights and
  appurtenances necessary to the operation of a facility for the
  geologic storage of carbon dioxide.  The term includes any
  reasonable and necessary areal buffer and subsurface monitoring
  zones, pressure fronts, and other areas as may be necessary for this
  state to receive delegation of any federal underground injection
  control program relating to the storage of carbon dioxide.
               (5)  "Reservoir" has the meaning assigned by Section
  27.002, Water Code.
               (6)  "Stored carbon dioxide" means captured carbon
  dioxide that is being transported or temporarily or permanently
  stored.
         Sec. 100B.002.  CAPTURED OR STORED CARBON DIOXIDE NOT
  NUISANCE. (a)  Stored carbon dioxide is not:
               (1)  a pollutant; or
               (2)  a nuisance, including a public nuisance, under
  common law or the laws of this state, including Chapter 125.
         (b)  A person may not bring a nuisance action or similar
  cause of action on the basis that captured carbon dioxide, stored
  carbon dioxide, or a process associated with capturing or storing
  carbon dioxide constitutes a nuisance.
         SECTION 2.  Chapter 100B, Civil Practice and Remedies Code,
  as added by this Act, is an exercise of authority under Section
  66(c), Article III, Texas Constitution, and takes effect only if
  this Act receives a vote of three-fifths of all the members elected
  to each house, as provided by Subsection (e) of that section.
         SECTION 3.  The changes in law made by this Act apply only to
  a cause of action that accrues on or after the effective date of
  this Act.  A cause of action that accrued 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 4.  This Act takes effect September 1, 2023.
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