Cover Image: "SAVE" by Francisco Romero, Commission Shift Poster Contest Winner |
88th Texas Legislative Session | |
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With the 88th Legislative Session coming to a close, Commission Shift staff are breathing a sigh of relief! We are cheering for Pecos County, which is expected to qualify for a new grant program that will assist with plugging leaking P-13 wells (more below). While some of the proposals we favored did not make it through to become law, other proposals we thought would be harmful were either watered down or died (at least for now). Bills awaiting the governor’s signature:
HB 4256 (Murr) - Creates a program under the Texas Commission on Environmental Quality to help plug leaking water wells in counties of a certain size. This program will help to address wells that the Railroad Commission permitted as oil and gas wells but allowed operators to convey to landowners as water wells. The modern form used to convey the wells is called Form P-13. See Boehmer Lake and the sinkhole on FM 1053 for examples.
Bills that died: -
HB 1158 (Darby) / SB 2243 (Johnson) - Would have offered grant funds from the Texas Emission Reduction Plan (TERP) fund for carbon capture, use, and storage (CCUS) and allowed for tax exemptions for CCUS facilities. Commission Shift conducted research to show what a baseline design standard for capture (95%) and storage (99% for 1,000) should look like for an incentive program to encourage better performance.
- SB 2107 (Nichols) - The introduced version would have allowed for operators to transfer liability of their carbon dioxide injection wells to the state within 10 years of well closure, and the bill was later reduced to only define that surface landowners own the “pore space” where carbon dioxide is injected.
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HB 4557 (Darby) - Would have prevented nuisance claims related to pollution or injuries from carbon dioxide infrastructure, and significantly narrowed a person’s ability to make a claim against a CCUS company related to noneconomic damages, including but not limited to physical pain and suffering, disfigurement, or physical impairment.
Our favorite bills that didn’t get a hearing:
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HB 3839 (Goodwin | Walle) - Would have required oil, gas, and injection well operators to put money into a sinking trust fund up to the total expected cost of decommissioning the well. The operators would be able to use the funds to pay for their own plugging and cleanup at the well’s end of life, or the RRC could use the funds for plugging and cleanup if the operator orphans the well.
- HB 3840 (Goodwin | Walle) - Would have reduced the number of inactive well plugging extensions the RRC is allowed to give operators to no more than five years, with a two-year grace period allowed for operators who have already had five years of plugging extensions to come into compliance.
Although our favorite bills didn’t move forward, we were able to play a role educating legislative staff about orphaned wells and CCUS alongside our 501(c)(4) sister organization Commission Shift Action. We look forward to continuing to educate lawmakers during the legislative interim and encouraging impacted community members to share their stories with their elected officials. |
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Thank you for being part of our effort to reform oil and gas oversight in Texas. Together we can make the Railroad Commission of Texas a stronger agency that plans for our energy future and puts people and the environment first. |
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Carbon Capture Use and Storage |
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We have several opportunities to learn more about CCUS and get involved in the response to CCUS buildout in Texas.
Register - PHMSA Open Meeting
May 31 - June 1
PHMSA, the federal pipeline regulatory body, is considering new rules for carbon dioxide pipelines. Register for this free, virtual public meeting to learn more about the rules, and the risks. Your registration shows PHMSA that the public is paying attention to CCUS. The event takes place between May 31st and June 1st, 2023.
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Public Hearing for LA Class VI Primacy
June 21- June 23
Much like Texas and our state oil and gas agency, Louisiana is also applying to the EPA for sole permitting power over CCUS projects within state lines. Class VI wells are injection wells that store highly corrosive and pressurized CO2 long term underground. Commission Shift’s Policy Manager, Paige Powell, will be attending the public hearing in Baton Rouge to give comments and report back.
Carbon capture use and storage (CCUS) is often touted as a solution to mitigate emissions and combat climate change. These projects are in the spotlight in Texas as major oil and gas companies vie for billions of dollars in federal tax credits.Commission Shift has concerns about the risks associated with this technology as well as the possibility of the Railroad Commission – or any state oil and gas agency – regulating CO2 pipelines and injection wells safely and responsibly. Learn more here.
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Oil and Gas Monitoring and Enforcement |
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Public Comment Due Today!
May 26, 2023
¡Comentarios públicos para hoy! 26 de mayo de 2023
Thanks to everyone who joined our Community Conversation on Oil and Gas Monitoring and Enforcement. It was great to walk through the new FY 2024 Monitoring and Enforcement plan and hear your thoughts and experiences.
The Railroad Commission is accepting public comment on this plan until today, Friday May 26. Commission Shift has recommended that the Railroad Commission create clearer ways to report and track complaints, conduct inspections more frequently than once every five years per facility, and ensure that inspections are following a consistent and thorough checklist. Add your voice, and please make a comment today.
For more information, please view our comments and Commission Shift’s press release/comunicado de prensa. |
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| May 15: Commission Shift Poster Contest Winner!
Congrats to Commission Shift Poster Contest winner, Francisco Romero!
We were thrilled with the diverse and creative entries we received this year. Check out the runner up design, and the other participants’ posters in our online gallery! |
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New faces at Commission Shift!
We are so excited for our team to grow! Learn more about our new Summer Fellows and Communications Consultant in our blog! |
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May 26 TODAY: Draft Monitoring and Enforcement Plan Comment Deadline
May 29: Last Day of Legislative Session, “Sine Die” May 29: Memorial Day May 31- June 1: PHMSA CO2 Public Meeting 2023 (Virtual Meeting) June 5-8: GreenLatinos National Summit, San Antonio
June 13: RRC Open Meeting June 19: Juneteenth June 21- June 23: Public Hearing for LA Class VI Primacy |
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| GreenLatinos National Summit 2023 // Junta Nacional GreenLatinos 2023 La Cantera in San Antonio, TX June 5-8, 2023
Our comunidad of top Latino/a/e environmental, conservation, and climate justice champions, grassroots community leaders, policy advocates, elected and appointed officials, academics, philanthropists, sustainability and clean energy professionals, and many others will gather June 5-8, 2023 at La Cantera in San Antonio, TX. Questions on this year’s Summit? Email Summit@GreenLatinos.org
Nuestra comunidad de los principales campeones latinos del medio ambiente, la conservación y la justicia climática, líderes comunitarios de base, defensores de políticas, funcionarios electos y designados, académicos, filántropos, profesionales de la sostenibilidad y la energía limpia, y muchos otros se reunirán del 5 al 8 de junio de 2023 en La Cantera en San Antonio, TX. ¿Preguntas sobre la Junta de este año? Envía un correo electrónico a Summit@GreenLatinos.org
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| Railroad Commission OIl and Gas Open Meeting Austin / Virtual June 13, 2023
During the May 17th RRC Open Meeting, the state oil and gas agency ruled on landowner Laura Briggs’s complaint that the operator Beach Oil and Gas had a no good faith claim to operate five leases on her property. While the company has multiple violations related to the wells, RRC staff recommended - and commissioners approved - that Beach Operator plug their wells on Laura’s land against Laura’s wishes. This raises the issue that barred operators are still responsible for plugging their inactive wells, which could cause further problems for people impacted by those operators’ violations. Laura Brigg’s case is still ongoing.
You can listen in on our twitter space with Laura Briggs here. |
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| C02 Public Meeting (Virtual)
May 31st and June 1st, 2023.
PHMSA is hosting a free, public webcast for information on new regulations for carbon dioxide (CO2) pipelines, and more background on Carbon Capture Use and Storage (CCUS) that can impact Texans. You can tune into any part of the meeting. Register today! |
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| We're Hiring: Development Director
Commission Shift is hiring a Development Director to build and diversify our fundraising capacities. If you're passionate about better oil and gas oversight in Texas, we're the team for you!
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P.S. Be sure to follow Commission Shift on Facebook, Twitter, Instagram, and LinkedIn |
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Commission Shift
212 Flores Avenue
Laredo, TX 78040
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