89R9716 JAM-D     By: Goodwin H.B. No. 4835       A BILL TO BE ENTITLED   AN ACT   relating to the pipeline transport and geologic storage of certain   substances under the jurisdiction of the Railroad Commission of   Texas.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 117.012, Natural Resources Code, is   amended by adding Subsection (j) to read as follows:          (j)  If a facility response plan described by Subsection (d)   or (e), a discharge prevention and response plan described by   Subsection (f), or a community liaison activity conducted with   fire, police, or other public emergency response officials for a   hazardous liquid or carbon dioxide pipeline facility indicates that   the appropriate emergency response officials are inadequately   equipped to satisfactorily respond to a worst case discharge from   the facility of hazardous liquids or carbon dioxide or to a   substantial threat of such a discharge from the facility that could   reasonably be expected to cause substantial harm to the   environment, the commission shall require the operator of the   facility to pay to each appropriate emergency response entity an   amount necessary to enable the entity to satisfactorily respond to   such a discharge or threat of discharge from the facility. A   payment made under this subsection:                (1)  shall be deposited to a restricted fund under the   control of the governing body that is responsible for the budget of   the emergency response entity; and                (2)  may be used only to obtain equipment or training   necessary for the emergency response entity to satisfactorily   respond to a discharge or threat described by this subsection.          SECTION 2.  Subchapter C-1, Chapter 27, Water Code, is   amended by adding Section 27.0445 to read as follows:          Sec. 27.0445.  FACILITY RESPONSE PLAN; FEE. (a) An   applicant for a permit under this subchapter shall prepare and   submit for railroad commission approval a facility response plan   that includes plans for responding, to the maximum extent   practicable, to a worst case failure at the well or facility and to   a substantial threat of a discharge of anthropogenic carbon dioxide   that could reasonably be expected to cause substantial harm to the   environment.          (b)  In preparing the plan described by Subsection (a), the   applicant shall communicate and conduct liaison activities with   fire, police, and other appropriate public emergency response   officials in the area where the well or facility is proposed to be   located to assess the officials' preparedness to respond to a   discharge or threat described by Subsection (a).          (c)  If a facility response plan described by Subsection (a)   or a community liaison activity described by Subsection (b)   indicates that the appropriate emergency response officials are   inadequately equipped to satisfactorily respond to a discharge or   threat described by Subsection (a), the railroad commission shall   require the applicant to pay to each appropriate emergency response   entity an amount necessary to enable the entity to satisfactorily   respond to a discharge or threat described by Subsection (a). A   payment made under this subsection:                (1)  shall be deposited to a restricted fund under the   control of the governing body that is responsible for the budget of   the emergency response entity; and                (2)  may be used only to obtain equipment or training   necessary for the emergency response entity to satisfactorily   respond to a discharge or threat described by Subsection (a).           SECTION 3.  (a) Not later than March 1, 2026, the Railroad   Commission of Texas shall adopt any rules necessary to implement   Section 117.012(j), Natural Resources Code, and Section 27.0445,   Water Code, as added by this Act.          (b)  Section 27.0445, Water Code, as added by this Act,   applies only to a permit application submitted to the Railroad   Commission of Texas on or after the effective date of the applicable   rules adopted under Subsection (a) of this section. A permit   application submitted before the effective date of the applicable   rules adopted under Subsection (a) of this section is governed by   the law in effect when the permit application was submitted, and the   former law is continued in effect for that purpose.          SECTION 4.  This Act takes effect September 1, 2025.