(a) For the purposes of this chapter, a use of drill cuttings is considered to be beneficial if the cuttings are used:
(1) in the construction of oil and gas lease pads or oil and gas lease roads; or
(2) as part of a legitimate commercial product.
(b) The commission by rule shall define "legitimate commercial product" for the purposes of this chapter.
(c) The commission by rule shall adopt criteria for beneficial uses to ensure that a beneficial use of recycled drill cuttings under this chapter is at least as protective of public health, public safety, and the environment as the use of an equivalent product made without recycled drill cuttings.