Texas 2009 - 81st Regular

Texas House Bill HB3478 Compare Versions

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

Old	New	Differences
1	1	81R9099 TJS-F
2	2	By: Gallego H.B. No. 3478
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to this state's goal for renewable energy.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 39.904, Utilities Code, is amended by
10	10	amending Subsections (a), (d), and (o) and adding Subsections (d-1)
11	11	and (d-2) to read as follows:
12	12	(a) It is the intent of the legislature that by January 1,
13	13	2015, an additional 5,000 megawatts of generating capacity from
14	14	renewable energy technologies will have been installed in this
15	15	state. The cumulative installed renewable capacity in this state
16	16	shall total 5,880 megawatts by January 1, 2015, and the commission
17	17	shall establish a goal [target] of 10,000 megawatts of installed
18	18	renewable capacity by January 1, 2020 [2025]. The cumulative
19	19	installed renewable capacity in this state shall total [2,280
20	20	megawatts by January 1, 2007, 3,272 megawatts by January 1, 2009,]
21	21	4,264 megawatts by January 1, 2011, 5,256 megawatts by January 1,
22	22	2013, and 5,880 megawatts by January 1, 2015. Of the renewable
23	23	energy technology generating capacity installed to meet the goal of
24	24	this subsection by January 1, 2020 [after September 1, 2005], the
25	25	commission shall establish a goal [target] of having at least 4,000
26	26	[500] megawatts of capacity from a renewable energy technology
27	27	other than a source that uses high-capacity [using] wind energy.
28	28	The cumulative installed renewable capacity from a source other
29	29	than high-capacity wind energy shall total 500 megawatts by January
30	30	1, 2012, 2,000 megawatts by January 1, 2015, and 4,000 megawatts by
31	31	January 1, 2020.
32	32	(d) In this section, "renewable energy technology" means
33	33	any technology that exclusively relies on an energy source that is
34	34	naturally regenerated over a short time and derived directly from
35	35	the sun, indirectly from the sun, or from moving water or other
36	36	natural movements and mechanisms of the environment. Renewable
37	37	energy technologies include those that rely on energy derived
38	38	directly from the sun, on wind, geothermal, hydroelectric, wave, or
39	39	tidal energy, or on renewable biomass or renewable biomass-based
40	40	waste products, including landfill gas. A renewable energy
41	41	technology does not rely on energy resources derived from fossil
42	42	fuels, waste products from fossil fuels, or waste products from
43	43	inorganic sources.
44	44	(d-1) In this section, "renewable biomass" means:
45	45	(1) planted crops and crop residue harvested from
46	46	agricultural land cleared before September 1, 2009, whether
47	47	actively managed or fallow, excluding forest land;
48	48	(2) wood waste from actively managed tree plantations
49	49	on nonfederal land cleared before September 1, 2009, including land
50	50	that belongs to an Indian tribe and is held in trust by the United
51	51	States or is otherwise subject to a restriction on alienation
52	52	imposed by the United States;
53	53	(3) forest wood waste, including residual tops and
54	54	limbs of trees, unused cull trees, pre-commercial thinnings, and
55	55	wood or debris from noncommercial tree species, slash, or brush
56	56	obtained from nonfederal forest land, including land that belongs
57	57	to an Indian tribe and is held in trust by the United States or is
58	58	otherwise subject to a restriction on alienation imposed by the
59	59	United States, excluding old growth forests or ecologically
60	60	sensitive areas;
61	61	(4) residential or commercial yard waste or food
62	62	waste, including recycled cooking grease;
63	63	(5) organic matter from the vicinity of buildings,
64	64	public infrastructure, or other areas regularly occupied by people;
65	65	(6) animal waste and animal by-products; and
66	66	(7) algae.
67	67	(d-2) In this section, "high-capacity wind energy" means
68	68	energy from a source using wind that has a capacity of more than 150
69	69	kilowatts.
70	70	(o) The commission shall [may] establish an alternative
71	71	compliance payment. An entity that has a renewable energy purchase
72	72	requirement under this section may elect to pay the alternative
73	73	compliance payment instead of applying renewable energy credits
74	74	toward the satisfaction of the entity's obligation under this
75	75	section. The commission shall [may] establish a separate
76	76	alternative compliance payment for the goal of 4,000 [500]
77	77	megawatts of capacity from renewable energy technologies other than
78	78	high-capacity wind energy. [The alternative compliance payment for
79	79	a renewable energy purchase requirement that could be satisfied
80	80	with a renewable energy credit from wind energy may not be less than
81	81	$2.50 per credit or greater than $20 per credit. Prior to September
82	82	1, 2009, an alternative compliance payment under this subsection
83	83	may not be set above $5 per credit. In implementing this
84	84	subsection, the commission shall consider:
85	85	[(1) the effect of renewable energy credit prices on
86	86	retail competition;
87	87	[(2) the effect of renewable energy credit prices on
88	88	electric rates;
89	89	[(3) the effect of the alternative compliance payment
90	90	level on the renewable energy credit market; and
91	91	[(4) any other factors necessary to ensure the
92	92	continued development of the renewable energy industry in this
93	93	state while protecting ratepayers from unnecessary rate
94	94	increases.]
95	95	SECTION 2. This Act takes effect September 1, 2009.