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  S.B. No. 1387
 
 
 
 
AN ACT
  relating to the implementation of projects involving the capture,
  injection, sequestration, or geologic storage of carbon dioxide.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 27.002, Water Code, is amended by adding
  Subdivisions (19), (20), (21), (22), (23), (24), and (25) to read as
  follows:
               (19)  "Anthropogenic carbon dioxide":
                     (A)  means:
                           (i)  carbon dioxide that would otherwise
  have been released into the atmosphere that has been:
                                 (a)  stripped, segregated, or divided
  from any other fluid stream; or
                                 (b)  captured from an emissions
  source, including:
                                       (1)  an advanced clean energy
  project as defined by Section 382.003, Health and Safety Code, or
  another type of electric generation facility; or
                                       (2)  an industrial source of
  emissions;
                           (ii)  any incidental associated substance
  derived from the source material for, or from the process of
  capturing, carbon dioxide described by Subparagraph (i); and
                           (iii)  any substance added to carbon dioxide
  described by Subparagraph (i) to enable or improve the process of
  injecting the carbon dioxide; and
                     (B)  does not include naturally occurring carbon
  dioxide that is recaptured, recycled, and reinjected as part of
  enhanced recovery operations.
               (20)  "Anthropogenic carbon dioxide injection well"
  means an injection well used to inject or transmit anthropogenic
  carbon dioxide into a reservoir.
               (21)  "Enhanced recovery operation" means the use of
  any process for the displacement of hydrocarbons from a reservoir
  other than primary recovery and includes the use of any physical,
  chemical, thermal, or biological process and any co-production
  project.
               (22)  "Geologic storage" means the underground storage
  of anthropogenic carbon dioxide in a reservoir.
               (23)  "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 anthropogenic carbon dioxide and all surface and
  subsurface rights and appurtenances necessary to the operation of a
  facility for the geologic storage of anthropogenic 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. The term does not include a pipeline used to
  transport carbon dioxide from the facility at which the carbon
  dioxide is captured to the geologic storage facility.  The storage
  of carbon dioxide incidental to or as part of enhanced recovery
  operations does not in itself automatically render a facility a
  geologic storage facility.
               (24)  "Oil or gas" means oil, natural gas, or gas
  condensate.
               (25)  "Reservoir" means a natural or artificially
  created subsurface sedimentary stratum, formation, aquifer,
  cavity, void, or coal seam.
         SECTION 2.  Chapter 27, Water Code, is amended by adding
  Subchapter C-1 to read as follows:
  SUBCHAPTER C-1. GEOLOGIC STORAGE AND ASSOCIATED INJECTION OF
  ANTHROPOGENIC CARBON DIOXIDE
         Sec. 27.041.  JURISDICTION. (a)  Except as provided by
  Subsection (b), the railroad commission has jurisdiction over the
  geologic storage of carbon dioxide in, and the injection of carbon
  dioxide into, a reservoir that is initially or may be productive of
  oil, gas, or geothermal resources or a saline formation directly
  above or below that reservoir.
         (b)  The jurisdiction of the railroad commission over the
  geologic storage of carbon dioxide in, and the injection of carbon
  dioxide into, a saline formation described by Subsection (a) is
  subject to the review of the legislature based on the
  recommendations made in the preliminary report described by Section
  10, S.B. No. 1387, Acts of the 81st Legislature, Regular Session,
  2009.
         (c)  Except as provided by Subsection (b), the railroad
  commission has jurisdiction over a well used for the purpose
  provided by Subsection (a) regardless of whether the well was
  initially completed for that purpose or was initially completed for
  another purpose and is converted to the purpose provided by
  Subsection (a).
         Sec. 27.042.  APPLICABILITY. This subchapter does not apply
  to the injection of fluid through the use of a Class II injection
  well as defined by 40 C.F.R. Section 144.6(b) for the primary
  purpose of enhanced recovery operations.
         Sec. 27.043.  PERMIT FROM RAILROAD COMMISSION. A person may
  not begin drilling or operating an anthropogenic carbon dioxide
  injection well for geologic storage or constructing or operating a
  geologic storage facility regulated under this subchapter without
  first obtaining the necessary permits from the railroad commission.
         Sec. 27.044.  INFORMATION REQUIRED OF APPLICANT. The
  railroad commission shall require an applicant to provide any
  information the railroad commission considers necessary to
  discharge its duties under this subchapter.
         Sec. 27.045.  FEES. (a)  The railroad commission may impose
  fees to cover the cost of:
               (1)  permitting, monitoring, and inspecting
  anthropogenic carbon dioxide injection wells for geologic storage
  and geologic storage facilities; and
               (2)  enforcing and implementing this subchapter and
  rules adopted by the railroad commission under this subchapter.
         (b)  Fees collected by the railroad commission under this
  section shall be deposited to the credit of the anthropogenic
  carbon dioxide storage trust fund established under Section
  120.003, Natural Resources Code.
         Sec. 27.046.  LETTER FROM EXECUTIVE DIRECTOR. (a)  The
  railroad commission may not issue a permit under rules adopted
  under this subchapter until the applicant for the permit provides
  to the railroad commission a letter from the executive director
  stating that drilling and operating the anthropogenic carbon
  dioxide injection well for geologic storage or operating the
  geologic storage facility will not injure any freshwater strata in
  that area and that the formation or stratum to be used for the
  geologic storage facility is not freshwater sand.
         (b)  To make the determination required by Subsection (a),
  the executive director shall review:
               (1)  the area of review and corrective action plans;
               (2)  any subsurface monitoring plans required during
  injection or post injection;
               (3)  any postinjection site care plans; and
               (4)  any other elements of the application reasonably
  required in order for the executive director to make the
  determination required by Subsection (a).
         (c)  The commission shall adopt rules to implement and
  administer this section.
         Sec. 27.047.  RULES. The railroad commission shall adopt
  rules and procedures reasonably required for the performance of its
  powers, duties, and functions under this subchapter, including
  rules for:
               (1)  the geologic storage and associated injection of
  anthropogenic carbon dioxide, including:
                     (A)  geologic site characterization;
                     (B)  area of review and corrective action;
                     (C)  well construction;
                     (D)  operation;
                     (E)  mechanical integrity testing;
                     (F)  monitoring;
                     (G)  well plugging;
                     (H)  postinjection site care;
                     (I)  site closure; and
                     (J)  long-term stewardship;
               (2)  the enforcement of this subchapter and rules
  adopted by the railroad commission under this subchapter; and
               (3)  the collection and administration of:
                     (A)  fees imposed under Section 27.045; and
                     (B)  penalties imposed for a violation of this
  subchapter or rules adopted by the railroad commission under this
  subchapter.
         Sec. 27.048.  CONSISTENCY WITH AND IMPLEMENTATION OF FEDERAL
  REQUIREMENTS. (a)  Rules adopted by the railroad commission under
  this subchapter must be consistent with applicable rules or
  regulations adopted by the United States Environmental Protection
  Agency or another federal agency governing the injection and
  geologic storage of anthropogenic carbon dioxide.
         (b)  If rules or regulations adopted to govern the geologic
  storage and associated injection of anthropogenic carbon dioxide
  under the federal Safe Drinking Water Act (42 U.S.C. Section 300f et
  seq.) or another federal statute allow this state to seek primary
  enforcement authority under the underground injection control
  program:
               (1)  the railroad commission shall seek primacy to
  administer and enforce the program subject to the jurisdiction
  granted under this subchapter; and
               (2)  this state shall seek primacy to administer and
  enforce the program for the geologic storage of carbon dioxide in,
  and the injection of carbon dioxide into, a saline formation.
         Sec. 27.049.  MEMORANDUM OF UNDERSTANDING. The commission
  and the railroad commission, as necessary to comply with this
  subchapter, by rule shall:
               (1)  amend the memorandum of understanding recorded in
  16 T.A.C. Section 3.30; or
               (2)  enter into a new memorandum of understanding.
         Sec. 27.050.  FINANCIAL RESPONSIBILITY. (a)  A person to
  whom a permit is issued under this subchapter must provide to the
  railroad commission annually evidence of financial responsibility
  that is satisfactory to the railroad commission.
         (b)  In determining whether the person is financially
  responsible, the railroad commission shall rely on:
               (1)  the person's most recent quarterly report filed
  with the United States Securities and Exchange Commission under
  Section 13 or 15(d), Securities Exchange Act of 1934 (15 U.S.C.
  Section 78m or 78o(d)); or
               (2)  if the person is not required to file with the
  United States Securities and Exchange Commission a report described
  by Subdivision (1), the person's most recent audited financial
  statement.
         SECTION 3.  Section 27.051, Water Code, is amended by
  amending Subsection (b) and adding Subsection (b-1) to read as
  follows:
         (b)  The railroad commission may grant an application for a
  permit under Subchapter C in whole or part and may issue the permit
  if it finds:
               (1)  that the use or installation of the injection well
  is in the public interest;
               (2)  that the use or installation of the injection well
  will not endanger or injure any oil, gas, or other mineral
  formation;
               (3)  that, with proper safeguards, both ground and
  surface fresh water can be adequately protected from pollution; and
               (4)  that the applicant has made a satisfactory showing
  of financial responsibility if required by Section 27.073 [of this
  code].
         (b-1)  The railroad commission may issue a permit under
  Subchapter C-1 if it finds:
               (1)  that the injection and geologic storage of
  anthropogenic carbon dioxide will not endanger or injure any oil,
  gas, or other mineral formation;
               (2)  that, with proper safeguards, both ground and
  surface fresh water can be adequately protected from carbon dioxide
  migration or displaced formation fluids;
               (3)  that the injection of anthropogenic carbon dioxide
  will not endanger or injure human health and safety;
               (4)  that the reservoir into which the anthropogenic
  carbon dioxide is injected is suitable for or capable of being made
  suitable for protecting against the escape or migration of
  anthropogenic carbon dioxide from the reservoir; and
               (5)  that the applicant for the permit meets all of the
  other statutory and regulatory requirements for the issuance of the
  permit.
         SECTION 4.  Sections 27.071 and 27.072, Water Code, are
  amended to read as follows:
         Sec. 27.071.  POWER TO ENTER PROPERTY.  Members of the
  commission and the railroad commission and employees of the
  commission and the railroad commission may enter public or private
  property to inspect and investigate conditions relating to
  injection well, monitoring well, disposal well, [or] production
  well, or geologic storage activities within their respective
  jurisdictions or to monitor compliance with a rule, permit, or
  other order of the commission or railroad commission.  Members or
  employees acting under the authority of this section who enter an
  establishment on public or private property shall observe the
  establishment's safety, internal security, and fire protection
  rules.
         Sec. 27.072.  POWER TO EXAMINE RECORDS.  Members of the
  commission and the railroad commission and employees of the
  commission and railroad commission may examine and copy those
  records or memoranda of a business they are investigating as
  provided by Section 27.071 [of this code] that relate to the
  operation of an injection well, monitoring well, disposal well,
  [or] production well, or geologic storage facility, or any other
  records required to be maintained by law.
         SECTION 5.  Section 27.073, Water Code, is amended by
  amending Subsection (a) and adding Subsection (b-1) to read as
  follows:
         (a)  A person to whom an injection well permit is issued may
  be required by the commission or railroad commission to maintain a
  performance bond or other form of financial security to ensure
  that:
               (1)  an abandoned injection well is properly plugged;
  or
               (2)  funds are available for plugging, postinjection
  site care, and closure of an anthropogenic carbon dioxide injection
  well subject to Subchapter C-1.
         (b-1)  The railroad commission is authorized to receive
  funds as the beneficiary of a financial responsibility mechanism
  established under this chapter for the proper management of an
  anthropogenic carbon dioxide injection well or geologic storage
  facility.
         SECTION 6.  Chapter 91, Natural Resources Code, is amended
  by adding Subchapter R to read as follows:
  SUBCHAPTER R. AUTHORIZATION FOR MULTIPLE OR ALTERNATIVE USES OF
  WELLS
         Sec. 91.801.  RULES AUTHORIZING MULTIPLE OR ALTERNATIVE USES
  OF WELLS. The commission shall adopt rules allowing:
               (1)  a person to obtain a permit for a well from the
  commission that authorizes the well to be used for multiple
  purposes; and
               (2)  an operator of a well authorized by a permit issued
  by the commission to convert the well from its authorized purpose to
  a new or additional purpose.
         Sec. 91.802.  LAW APPLICABLE TO GEOLOGIC STORAGE FACILITIES
  AND ASSOCIATED INJECTION WELLS. (a) In this section,
  "anthropogenic carbon dioxide injection well" has the meaning
  assigned by Section 27.002, Water Code.
         (b)  If a well is authorized as or converted to an
  anthropogenic carbon dioxide injection well for geologic storage,
  Subchapter C-1, Chapter 27, Water Code, applies to the well.
         (c)  A conversion of an anthropogenic carbon dioxide
  injection well from use for enhanced recovery operations to use for
  geologic storage is not considered to be a change in the purpose of
  the well.
         SECTION 7.  Subtitle D, Title 3, Natural Resources Code, is
  amended by adding Chapter 120 to read as follows:
  CHAPTER 120. OWNERSHIP AND STEWARDSHIP OF ANTHROPOGENIC CARBON
  DIOXIDE
         Sec. 120.001.  DEFINITIONS. In this chapter:
               (1)  "Anthropogenic carbon dioxide," "anthropogenic
  carbon dioxide injection well," and "geologic storage facility"
  have the meanings assigned by Section 27.002, Water Code.
               (2)  "Commission" means the Railroad Commission of
  Texas.
               (3)  "Storage operator" means a person authorized by
  the commission to operate a geologic storage facility.
         Sec. 120.002.  OWNERSHIP OF ANTHROPOGENIC CARBON DIOXIDE.
  (a)  This section does not apply to anthropogenic carbon dioxide
  injected for the primary purpose of enhanced recovery operations.
         (b)  Unless otherwise expressly provided by a contract, bill
  of sale, deed, mortgage, deed of trust, or other legally binding
  document or by other law, anthropogenic carbon dioxide stored in a
  geologic storage facility is considered to be the property of the
  storage operator or the storage operator's heirs, successors, or
  assigns.
         (c)  Absent a final judgment of wilful abandonment rendered
  by a court or a regulatory determination of closure or abandonment,
  anthropogenic carbon dioxide stored in a geologic storage facility
  is not considered to be the property of the owner of the surface or
  mineral estate in the land in which the anthropogenic carbon
  dioxide is stored or of a person claiming under the owner of the
  surface or mineral estate.
         (d)  The owner, as designated by Subsection (b) or (c), of
  the anthropogenic carbon dioxide stored in a geologic storage
  facility, or the owner's heirs, successors, or assigns, may
  produce, take, extract, or otherwise possess anthropogenic carbon
  dioxide stored in the facility.
         Sec. 120.003.  ANTHROPOGENIC CARBON DIOXIDE STORAGE TRUST
  FUND. (a)  The anthropogenic carbon dioxide storage trust fund is
  created as a special fund in the state treasury.
         (b)  The anthropogenic carbon dioxide storage trust fund is
  an interest-bearing fund. Interest earned on money in the fund
  shall be deposited to the credit of the fund.
         (c)  Fees collected by the commission under Subchapter C-1,
  Chapter 27, Water Code, and penalties imposed for violations of
  that subchapter or rules adopted under that subchapter shall be
  deposited to the credit of the anthropogenic carbon dioxide storage
  trust fund.
         (d)  The anthropogenic carbon dioxide storage trust fund may
  be used by the commission only for:
               (1)  inspecting, monitoring, investigating, recording,
  and reporting on geologic storage facilities and associated
  anthropogenic carbon dioxide injection wells;
               (2)  long-term monitoring of geologic storage
  facilities and associated anthropogenic carbon dioxide injection
  wells;
               (3)  remediation of mechanical problems associated
  with geologic storage facilities and associated anthropogenic
  carbon dioxide injection wells;
               (4)  repairing mechanical leaks at geologic storage
  facilities;
               (5)  plugging abandoned anthropogenic carbon dioxide
  injection wells used for geologic storage;
               (6)  training and technology transfer related to
  anthropogenic carbon dioxide injection and geologic storage; and
               (7)  compliance and enforcement activities related to
  geologic storage and associated anthropogenic carbon dioxide
  injection wells.
         Sec. 120.004.  EXTRACTION OF STORED ANTHROPOGENIC CARBON
  DIOXIDE. (a) The commission shall adopt rules allowing
  anthropogenic carbon dioxide stored in a geologic storage facility
  to be extracted for a commercial or industrial use.
         (b)  The commission has jurisdiction over the extraction of
  anthropogenic carbon dioxide stored in a geologic storage facility.
         SECTION 8.  Section 27.038, Water Code, is repealed.
         SECTION 9.  (a) In this section:
               (1)  "Anthropogenic carbon dioxide," "geologic
  storage," and "geologic storage facility" have the meanings
  assigned by Section 27.002, Water Code, as amended by this Act.
               (2)  "State-owned land" includes state-owned submerged
  land.
         (b)  Not later than December 1, 2010, the Commissioner of the
  General Land Office shall prepare and file with the legislature a
  preliminary report on a recommended framework for managing
  activities related to geologic storage on state-owned land. The
  report shall include:
               (1)  recommended criteria for identifying candidate
  geologic storage sites in each of the following types of onshore and
  offshore geological settings:
                     (A)  operating oil and gas fields;
                     (B)  depleted oil and gas fields;
                     (C)  unmineable coal seams;
                     (D)  saline formations;
                     (E)  geological systems that may be used as
  engineered reservoirs to extract economical quantities of heat from
  geothermal resources of low permeability or porosity;
                     (F)  geological systems containing igneous
  formations; and
                     (G)  coalbeds being used for methane recovery;
               (2)  a proposed regulatory framework for leasing
  state-owned land for geologic storage, including an assessment of
  options to ensure that the state receives fair market value for
  using state-owned property for geologic storage;
               (3)  a proposed procedure for:
                     (A)  providing an opportunity for public review
  of, and the presentation of comments by interested persons
  regarding, any activities related to geologic storage on
  state-owned land; and
                     (B)  ensuring that the quality of the natural and
  cultural resources of state-owned land overlying the site of a
  geologic storage facility are protected from any geologic storage
  activities at the site;
               (4)  a description of the status of leasehold or
  mineral estate liability issues related to the geological
  subsurface trespass of, or caused by, anthropogenic carbon dioxide
  stored in state-owned land, including any relevant experience from
  enhanced oil recovery using carbon dioxide on state-owned land;
               (5)  recommendations for additional legislation that
  may be required to ensure that public land management and leasing
  laws are adequate to accommodate geologic storage;
               (6)  an identification of the legal and regulatory
  issues specific to geologic storage in cases in which title to the
  mineral estate is held by the state but title to the surface estate
  is not held by the state; and
               (7)  recommendations for additional legislation that
  may be required to clarify the appropriate framework for issuing
  rights-of-way for anthropogenic carbon dioxide pipelines on
  state-owned land.
         (c)  In preparing the preliminary report under Subsection
  (b) of this section, the Commissioner of the General Land Office
  shall coordinate with:
               (1)  the Bureau of Economic Geology of The University
  of Texas at Austin;
               (2)  the Railroad Commission of Texas;
               (3)  the Texas Commission on Environmental Quality; and
               (4)  the heads of other appropriate agencies.
         (d)  This section expires December 31, 2010.
         SECTION 10.  (a)  In this section, "anthropogenic carbon
  dioxide," "geologic storage," and "geologic storage facility" have
  the meanings assigned by Section 27.002, Water Code, as amended by
  this Act.
         (b)  Not later than December 1, 2010, the Texas Commission on
  Environmental Quality and the Railroad Commission of Texas, in
  consultation with the Bureau of Economic Geology of The University
  of Texas at Austin, shall prepare and file with the legislature a
  joint preliminary report that:
               (1)  analyzes the requirements for the injection and
  geologic storage of anthropogenic carbon dioxide into saline
  formations that are not productive of oil, gas, or geothermal
  resources;
               (2)  recommends a permitting process for anthropogenic
  carbon dioxide injection wells and geologic storage facilities that
  are used for the injection and storage of anthropogenic carbon
  dioxide in saline formations not productive of oil, gas, or
  geothermal resources;
               (3)  recommends the agency or agencies that should have
  jurisdiction over permitting described by Subdivision (2) of this
  subsection or any other permitting of geologic storage facilities
  not subject to Subchapter C-1, Chapter 27, Water Code; and
               (4)  assesses the status of compliance with any federal
  rules regulating the geologic storage and associated injection of
  anthropogenic carbon dioxide.
         (c)  The preliminary report shall include:
               (1)  recommended criteria for identifying candidate
  geologic storage sites in each of the following types of geological
  settings:
                     (A)  operating oil and gas fields;
                     (B)  depleted oil and gas fields;
                     (C)  unmineable coal seams;
                     (D)  saline formations;
                     (E)  geological systems that may be used as
  engineered reservoirs to extract economical quantities of heat from
  geothermal resources of low permeability or porosity;
                     (F)  geological systems containing igneous
  formations; and
                     (G)  coalbeds being used for methane recovery;
               (2)  a proposed procedure for:
                     (A)  providing an opportunity for public review
  of, and the presentation of comments by interested persons
  regarding, any activities related to geologic storage; and
                     (B)  ensuring that the quality of the natural and
  cultural resources of land overlying the site of a geologic storage
  facility are protected from any geologic storage activities at the
  site;
               (3)  recommendations for methods to mitigate any
  negative effects of federal greenhouse gas reporting requirements
  on owners and producers of naturally occurring carbon dioxide;
               (4)  a description of the status of leasehold or
  mineral estate liability issues related to the geological
  subsurface trespass of, or caused by, anthropogenic carbon dioxide
  stored in private or state-owned land, including any relevant
  experience from enhanced recovery operations using carbon dioxide;
               (5)  an analysis of and recommendations to address:
                     (A)  the attributes of the subsurface area of
  operations for geologic storage facilities; and
                     (B)  the methods of financial assurance and the
  allocation of long-term liability for the post-operational phases
  of geologic storage projects;
               (6)  the status of any applications for permits that
  have been received before the report is prepared;
               (7)  an update on the exchange of information between
  the Texas Commission on Environmental Quality and the Railroad
  Commission of Texas as required by the memorandum of understanding
  described by Section 27.049, Water Code, as added by this Act, and
  as required by Section 27.046, Water Code, as added by this Act;
               (8)  the status of any request for primary enforcement
  authority for the underground injection and geologic storage of
  anthropogenic carbon dioxide under the underground injection
  control program; and
               (9)  any recommendations for additional legislation,
  modifications to the memorandum of understanding, or new rules for
  regulating geologic storage facilities and associated
  anthropogenic carbon dioxide injection wells.
         (d)  This section expires December 31, 2010.
         SECTION 11.  (a)  The Texas Commission on Environmental
  Quality shall adopt rules under Section 27.046, Water Code, as
  added by this Act, as soon as practicable after the effective date
  of this Act.
         (b)  Not later than March 1, 2010, the Railroad Commission of
  Texas shall adopt rules under Section 27.047, Water Code, as added
  by this Act, for the geologic storage and associated injection of
  carbon dioxide in connection with enhanced recovery operations,
  excluding enhanced recovery operations for which:
               (1)  there is a reasonable expectation of more than
  insignificant future production volumes or rates as a result of the
  injection of anthropogenic carbon dioxide; and
               (2)  operating pressures are not higher than reasonably
  necessary to produce the production volumes or rates described by
  Subdivision (1) of this subsection.
         (c)  Not later than September 1, 2010, the Railroad
  Commission of Texas shall adopt rules under Section 27.047, Water
  Code, as added by this Act, for the geologic storage of carbon
  dioxide in, and the injection of carbon dioxide into, a reservoir
  that is initially or may be productive of oil, gas, or geothermal
  resources.
         (d)  The Texas Commission on Environmental Quality and the
  Railroad Commission of Texas shall adopt rules under Section
  27.049, Water Code, as added by this Act, as soon as practicable
  after the effective date of this Act.
         (e)  The Railroad Commission of Texas shall adopt rules under
  Sections 91.801 and 120.004, Natural Resources Code, as added by
  this Act, as soon as practicable after the effective date of this
  Act.
         SECTION 12.  This Act does not make an appropriation.  A
  provision in this Act that creates a new governmental program,
  creates a new entitlement, or imposes a new duty on a governmental
  entity is not mandatory during a fiscal period for which the
  legislature has not made a specific appropriation to implement the
  provision.
         SECTION 13.  This Act takes effect September 1, 2009.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1387 passed the Senate on
  April 22, 2009, by the following vote:  Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1387 passed the House on
  May 18, 2009, by the following vote:  Yeas 142, Nays 0, one present
  not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor