| 1 | 1 | | By: Vaught H.B. No. 4384 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to a temporary moratorium on authorizations for certain |
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| 7 | 7 | | coal-fired or petroleum coke-fired electric generating facilities. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. (a) Until the second anniversary of the |
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| 10 | 10 | | effective date of this Act, the Texas Commission on Environmental |
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| 11 | 11 | | Quality, a municipality, or a county may not accept an application |
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| 12 | 12 | | for or issue a permit, permit amendment, license, variance, or |
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| 13 | 13 | | other authorization for or in connection with the construction of a |
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| 14 | 14 | | new coal-fired or petroleum coke-fired electric generating |
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| 15 | 15 | | facility. |
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| 16 | 16 | | (b) This section applies to the issuance of a permit, permit |
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| 17 | 17 | | amendment, license, variance, or other authorization regardless of |
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| 18 | 18 | | whether the application for the authorization is pending on the |
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| 19 | 19 | | effective date of this Act. |
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| 20 | 20 | | (c) This section does not apply to the construction of a new |
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| 21 | 21 | | electric generating facility if at least 60 percent of the carbon |
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| 22 | 22 | | dioxide generated by the facility will be captured and sequestered |
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| 23 | 23 | | in a geological formation. |
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| 24 | 24 | | SECTION 2. This Act takes effect immediately if it receives |
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| 25 | 25 | | a vote of two-thirds of all the members elected to each house, as |
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| 26 | 26 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 27 | 27 | | Act does not receive the vote necessary for immediate effect, this |
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| 28 | 28 | | Act takes effect September 1, 2009. |
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