Texas 2009 - 81st Regular

Texas House Bill HB1114 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R5505 TRH-F
2	2	By: Hamilton H.B. No. 1114
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to application requirements and performance standards for
8	8	agricultural biomass and landfill diversion incentive grants.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 22.001, Agriculture Code, is amended to
11	11	read as follows:
12	12	Sec. 22.001. POLICY AND PURPOSE. It is the policy of this
13	13	state and the purpose of this chapter to reduce air pollution,
14	14	improve air quality, protect public health, help this state
15	15	diversify its energy supply, and divert waste from landfills
16	16	through new price-support incentives to encourage the generation of
17	17	[construction of facilities to generate] electric energy with
18	18	certain types of agricultural residues, forest wood waste, urban
19	19	wood waste, storm-generated biomass debris, and energy-dedicated
20	20	crops.
21	21	SECTION 2. Section 22.003, Agriculture Code, is amended by
22	22	amending Subsection (b) and adding Subsection (b-1) to read as
23	23	follows:
24	24	(b) Subject to Section 22.005, a farmer, logger, or diverter
25	25	is entitled to receive a grant in the amount of $20 for each
26	26	bone-dry ton of qualified agricultural biomass, forest wood waste,
27	27	urban wood waste, or storm-generated biomass debris provided by the
28	28	farmer, logger, or diverter in a form suitable for generating
29	29	electric energy to a facility that:
30	30	(1) is located in this state;
31	31	(2) [was placed in service after August 31, 2009;
32	32	[(3)] generates electric energy for its own use or for
33	33	sale [sold] to a third party by using qualified agricultural
34	34	biomass, forest wood waste, urban wood waste, or storm-generated
35	35	biomass debris;
36	36	(3) [(4)] uses the best available emissions control
37	37	technology, considering the technical practicability and economic
38	38	reasonableness of reducing or eliminating the air contaminant
39	39	emissions resulting from the facility;
40	40	(4) [(5)] maintains its emissions control equipment
41	41	in good working order; and
42	42	(5) [(6)] is in compliance with its operating permit
43	43	issued by the Texas Commission on Environmental Quality under
44	44	Chapter 382, Health and Safety Code.
45	45	(b-1) Consistent with Subsection (d), the commissioner by
46	46	rule shall establish:
47	47	(1) requirements an applicant must comply with to be
48	48	eligible for a grant under this chapter;
49	49	(2) performance standards that must be met by a
50	50	recipient of a grant under this chapter;
51	51	(3) audit procedures that ensure that the recipient of
52	52	a grant meets the performance standards established by this
53	53	section; and
54	54	(4) procedures for recovering grant funds from a
55	55	recipient who fails to meet the requirements or standards
56	56	established by the commissioner for the grant.
57	57	SECTION 3. The Texas Department of Agriculture shall adopt
58	58	rules consistent with Section 22.003, Agriculture Code, as amended
59	59	by this Act, not later than December 1, 2009.
60	60	SECTION 4. This Act takes effect September 1, 2009.