HB2612 - Relating to the establishment and functions of the Texas Carbon Dioxide Sequestration Policy Council.

      By: Zwiener H.B. No. 2612       A BILL TO BE ENTITLED   AN ACT   relating to the establishment and functions of the Texas Carbon   Dioxide Sequestration Policy Council.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter C, Chapter 81, Natural Resources   Code, is amended by adding Section 81.076 to read as follows:           Sec.   81.076.     TEXAS CARBON DIOXIDE SEQUESTRATION POLICY   COUNCIL. (a) In this section:                 (1)     "Anthropogenic carbon dioxide" has the meaning   assigned by Section 27.002, Water Code.                 (2)     "Bureau" means the Bureau of Economic Geology of   The University of Texas at Austin.                 (3)     "Carbon capture industry" means the full chain of   entities, facilities, and activities involved with the capture,   utilization, and storage of carbon dioxide through the use of   carbon capture technology and includes:                       (A)     advanced clean energy projects as defined by   Section 382.003, Health and Safety Code;                       (B)     carbon dioxide repositories as defined by   Section 382.501, Health and Safety Code;                       (C)     storage operators as defined by Section   121.001 of this code; and                       (D)     anthropogenic carbon dioxide injection   wells, geologic storage, geologic storage facilities, and   reservoirs as defined by Section 27.002, Water Code.                 (4)     "Carbon capture technology" means technology   employed by the carbon capture industry to capture, store, and use   high concentrations of carbon dioxide and includes but is not   limited to:                       (A)  direct air capture;                       (B)  smokestack capture; and                       (C)  enhanced oil recovery.                 (5)     "Council" means the Texas Carbon Dioxide   Sequestration Policy Council.                 (6)     "Sequester" has the meaning assigned by Section   120.001 of this code.           (b)     The Texas Carbon Dioxide Sequestration Policy Council   is established within the commission to study and make   recommendations relating to the commission's policy framework for   carbon dioxide sequestration, the carbon capture industry, and   carbon capture technology.           (c)  The council is composed of:                 (1)     the chair of the commission or the chair's   designee; and                 (2)     not more than 16 members appointed by the   commission to represent as many different types of participants as   possible, including:                       (A)     at least three but not more than five   representatives from the carbon capture industry;                       (B)     at least three but not more than five   representatives from the bureau consisting of different types of   participants than those appointed from the carbon capture industry;   and                       (C)     at least three but not more than five   representatives from state or national nonprofit entities focused   on environmental issues and reducing anthropogenic carbon dioxide   emissions.           (d)     The chair of the commission or the chair's designee is   the chair of the council.           (e)     A member of the council is not entitled to compensation   or reimbursement of expenses for service on the council.           (f)  The council shall:                 (1)     study the development of carbon capture   technologies and the carbon capture industry in this state;                 (2)     study the reliability of long-term geologic   storage of carbon dioxide or anthropogenic carbon dioxide;                 (3)     monitor and assess the accuracy of accounting   techniques employed to determine:                       (A)     the net amount of carbon dioxide sequestered   by each carbon capture technology;                       (B)     the net amount of carbon dioxide sequestered   across the carbon capture industry;                       (C)     fugitive emissions across the carbon capture   industry; and                       (D)     energy use across the carbon capture   industry;                 (4)     coordinate actions with other state agencies and   the bureau in studying, monitoring, and supporting the development   of this state's carbon capture industry;                 (5)     develop a state plan for carbon capture technology   and carbon capture industry oversight by the commission; and                 (6)     create an online database of carbon capture   projects in this state that includes for each project:                       (A)     a description of the carbon capture   technology employed; and                       (B)  the net amount of carbon dioxide sequestered.           (g)     Not later than September 1, 2026, the council shall   prepare and submit a report to the legislature that includes:                 (1)     recommendations relating to legislative and   regulatory changes needed for:                      ( A)     comprehensive and standardized oversight and   regulation of carbon capture technologies and the carbon capture   industry to ensure net negative carbon emissions;                       (B)     minimizing and addressing environmental and   physical safety risks associated with carbon capture technologies   and the carbon capture industry, including industry-wide fugitive   emissions, increased seismicity, groundwater contamination,   pipeline ruptures, and plume drift;                       (D)     addressing issues of legal significance,   including subsurface trespass and long-term liability;                       (E)     addressing barriers to the implementation of   carbon capture technologies and carbon capture industries,   including incentives; and                       (F)     ensuring accurate inventorying of carbon   sequestration, fugitive emissions rates, and plume monitoring.                 (2)     the methodologies used to calculate the net amount   of carbon dioxide sequestered across the various carbon capture   technologies employed by the carbon capture industry.           (h)     The council is abolished and this section expires   January 1, 2032.          SECTION 2.  This Act takes effect September 1, 2025.