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A BILL TO BE ENTITLED
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AN ACT
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relating to liability for capturing and storing carbon dioxide. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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amended by adding Chapter 100B to read as follows: |
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CHAPTER 100B. LIMITED LIABILITY FOR CAPTURING AND STORING CARBON |
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DIOXIDE |
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Sec. 100B.001. DEFINITIONS. In this chapter: |
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(1) "Captured carbon dioxide" means carbon dioxide |
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from any source that, through human effort or means, is seized for |
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the purpose of sequestering the carbon dioxide with the intent of |
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permanently preventing the carbon dioxide from being released into |
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the atmosphere, including carbon dioxide that is: |
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(A) captured from the atmosphere; |
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(B) stripped, segregated, or divided from a fluid |
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stream; or |
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(C) captured from an emissions source, including |
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from: |
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(i) an advanced clean energy project as |
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defined by Section 382.003, Health and Safety Code; |
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(ii) an electric generation facility; or |
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(iii) an industrial source of emissions. |
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(2) "Carbon dioxide" means the chemical compound |
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composed of one carbon and two oxygen atoms. The term includes: |
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(A) anthropogenic carbon dioxide; |
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(B) naturally occurring carbon dioxide; |
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(C) carbon dioxide captured from the atmosphere; |
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and |
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(D) phases, mixtures, and combinations of carbon |
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dioxide that include: |
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(i) a substance incidentally derived from |
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the source materials for or process of capturing the carbon |
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dioxide; |
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(ii) a substance added to the carbon |
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dioxide stream to enable or improve storage of the carbon dioxide; |
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and |
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(iii) a substance incidentally captured |
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with carbon dioxide captured from the atmosphere. |
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(3) "Claimant" means a party seeking relief, including |
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a plaintiff, counterclaimant, or cross-claimant, in an action |
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described by this chapter and who is a land or mineral owner and |
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party to a written agreement with the defendant related to the |
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party's land or minerals or the defendant's activities regarding |
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captured or stored carbon dioxide. |
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(4) "Defendant" means a person against whom an action |
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described by this chapter is brought and who is: |
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(A) an owner or operator of: |
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(i) a facility used to store carbon |
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dioxide; or |
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(ii) a mechanism or instrumentality being |
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used to transport captured carbon dioxide, including a pipeline or |
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a tank or vessel carried by motor vehicle, watercraft, or rail; or |
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(B) a producer of captured carbon dioxide. |
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(5) "Geologic storage" means the underground storage |
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of carbon dioxide in a reservoir. |
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(6) "Geologic storage facility" means the underground |
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reservoir, underground equipment, injection wells, and surface |
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buildings and equipment used or to be used for the geologic storage |
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of carbon dioxide and all surface and subsurface rights and |
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appurtenances necessary to the operation of a facility for the |
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geologic storage of carbon dioxide. The term includes any |
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reasonable and necessary areal buffer and subsurface monitoring |
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zones, pressure fronts, and other areas as may be necessary for this |
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