81R5505 TRH-F
By: Hamilton H.B. No. 1114
A BILL TO BE ENTITLED
AN ACT
relating to application requirements and performance standards for
agricultural biomass and landfill diversion incentive grants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.001, Agriculture Code, is amended to
read as follows:
Sec. 22.001. POLICY AND PURPOSE. It is the policy of this
state and the purpose of this chapter to reduce air pollution,
improve air quality, protect public health, help this state
diversify its energy supply, and divert waste from landfills
through new price-support incentives to encourage the generation of
[construction of facilities to generate] electric energy with
certain types of agricultural residues, forest wood waste, urban
wood waste, storm-generated biomass debris, and energy-dedicated
crops.
SECTION 2. Section 22.003, Agriculture Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) Subject to Section 22.005, a farmer, logger, or diverter
is entitled to receive a grant in the amount of $20 for each
bone-dry ton of qualified agricultural biomass, forest wood waste,
urban wood waste, or storm-generated biomass debris provided by the
farmer, logger, or diverter in a form suitable for generating
electric energy to a facility that:
(1) is located in this state;
(2) [was placed in service after August 31, 2009;
[(3)] generates electric energy for its own use or for
sale [sold] to a third party by using qualified agricultural
biomass, forest wood waste, urban wood waste, or storm-generated
biomass debris;
(3) [(4)] uses the best available emissions control
technology, considering the technical practicability and economic
reasonableness of reducing or eliminating the air contaminant
emissions resulting from the facility;
(4) [(5)] maintains its emissions control equipment
in good working order; and
(5) [(6)] is in compliance with its operating permit
issued by the Texas Commission on Environmental Quality under
Chapter 382, Health and Safety Code.
(b-1) Consistent with Subsection (d), the commissioner by
rule shall establish:
(1) requirements an applicant must comply with to be
eligible for a grant under this chapter;
(2) performance standards that must be met by a
recipient of a grant under this chapter;
(3) audit procedures that ensure that the recipient of
a grant meets the performance standards established by this
section; and
(4) procedures for recovering grant funds from a
recipient who fails to meet the requirements or standards
established by the commissioner for the grant.
SECTION 3. The Texas Department of Agriculture shall adopt
rules consistent with Section 22.003, Agriculture Code, as amended
by this Act, not later than December 1, 2009.
SECTION 4. This Act takes effect September 1, 2009.