(a) The railroad commission may not issue a permit under rules adopted under this subchapter until the railroad commission issues to the applicant for the permit a letter of determination 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 railroad commission 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 railroad commission to make the determination required by Subsection (a).

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