Texas 2009 - 81st Regular

Texas Senate Bill SB16 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Averitt, et al. S.B. No. 16
2	2	Substitute the following for S.B. No. 16:
3	3	By: Legler C.S.S.B. No. 16
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the enhancement of air quality, including the capture
9	9	and storage of carbon dioxide and development of a greenhouse gas
10	10	registry, the development of emissions reduction technologies, and
11	11	the improvement of energy efficiency in buildings, vehicles, and
12	12	appliances.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	ARTICLE 1. ADVANCED CLEAN ENERGY PROJECTS
15	15	SECTION 1.01. Section 382.003, Health and Safety Code, is
16	16	amended by amending Subdivision (1-a) and adding Subdivision (7-c)
17	17	to read as follows:
18	18	(1-a) "Advanced clean energy project" means a project
19	19	for which an application for a permit or for an authorization to use
20	20	a standard permit under this chapter is received by the commission
21	21	on or after January 1, 2008, and before January 1, 2020, and that:
22	22	(A) involves the use of coal, biomass, petroleum
23	23	coke, solid waste, or fuel cells using hydrogen derived from such
24	24	fuels, in the generation of electricity, or the creation of liquid
25	25	fuels outside of the existing fuel production infrastructure while
26	26	co-generating electricity, whether the project is implemented in
27	27	connection with the construction of a new facility or in connection
28	28	with the modification of an existing facility and whether the
29	29	project involves the entire emissions stream from the facility or
30	30	only a portion of the emissions stream from the facility;
31	31	(B) with regard to the portion of the emissions
32	32	stream from the facility that is associated with the project, is
33	33	capable of achieving on an annual basis a 99 percent or greater
34	34	reduction of sulfur dioxide emissions and [,] a 95 percent or
35	35	greater reduction of mercury emissions [,] and achieving an annual
36	36	average emission rate for nitrogen oxides of 0.05 pounds or less per
37	37	million British thermal units; and
38	38	(C) captures not less than 50 percent of the
39	39	[renders] carbon dioxide in the portion of the emissions stream
40	40	from the facility that is associated with the project and
41	41	sequesters that captured carbon dioxide by geologic storage or
42	42	other means [capable of capture, sequestration, or abatement if any
43	43	carbon dioxide is produced by the project].
44	44	(7-c) "Geologic storage" means the underground storage of
45	45	carbon dioxide in a suitable geologic formation, including storage
46	46	that is accomplished in conjunction with an enhanced oil recovery
47	47	project.
48	48	SECTION 1.02. Section 382.0566, Health and Safety Code, is
49	49	amended by amending Subsection (c) and adding Subsection (c-1) to
50	50	read as follows:
51	51	(c) Except as provided by Subsection (c-1), the [The] permit
52	52	process authorized by this section is subject to the requirements
53	53	relating to a contested case hearing under this chapter, Chapter 5,
54	54	Water Code, or Subchapters C-G, Chapter 2001, Government Code, as
55	55	applicable.
56	56	(c-1) Subsection (c) does not apply to a permit to add
57	57	technology to a facility as part of a pilot study related to an
58	58	advanced clean energy project if:
59	59	(1) the purpose of the pilot study is to test the
60	60	effectiveness of the technology;
61	61	(2) the pilot study will be conducted for a period of
62	62	not more than two years;
63	63	(3) the applicant for the permit submits documentation
64	64	evidencing that the technology is expected to reduce overall
65	65	emissions of air contaminants; and
66	66	(4) a report of the results of the pilot study will be
67	67	produced at the end of the permit period and will be made available
68	68	to the public.
69	69	SECTION 1.03. Section 382.0567(b), Health and Safety Code,
70	70	is amended to read as follows:
71	71	(b) The commission may not consider any technology or level
72	72	of emission reduction to be achievable for purposes of a best
73	73	available control technology analysis or lowest achievable
74	74	emission rate analysis conducted by the commission under another
75	75	provision of this chapter solely because the technology is used or
76	76	the emission reduction is achieved by a facility receiving an
77	77	incentive as an advanced clean energy project or new technology
78	78	project, as described by Section 391.002.
79	79	ARTICLE 2. NEW TECHNOLOGY IMPLEMENTATION GRANT PROGRAM
80	80	SECTION 2.01. Section 386.051(b), Health and Safety Code,
81	81	is amended to read as follows:
82	82	(b) Under the plan, the commission and the comptroller shall
83	83	provide grants or other funding for:
84	84	(1) the diesel emissions reduction incentive program
85	85	established under Subchapter C, including for infrastructure
86	86	projects established under that subchapter;
87	87	(2) the motor vehicle purchase or lease incentive
88	88	program established under Subchapter D;
89	89	(3) the new technology research and development
90	90	program established under Chapter 387; [and]
91	91	(4) the clean school bus program established under
92	92	Chapter 390; and
93	93	(5) the new technology implementation grant program
94	94	established under Chapter 391.
95	95	SECTION 2.02. Section 386.052(b), Health and Safety Code,
96	96	is amended to read as follows:
97	97	(b) Appropriate commission objectives include:
98	98	(1) achieving maximum reductions in oxides of nitrogen
99	99	to demonstrate compliance with the state implementation plan;
100	100	(2) preventing areas of the state from being in
101	101	violation of national ambient air quality standards;
102	102	(3) achieving cost-saving and multiple benefits by
103	103	reducing emissions of other pollutants; [and]
104	104	(4) achieving reductions of emissions of diesel
105	105	exhaust from school buses;
106	106	(5) advancing new technologies that reduce oxides of
107	107	nitrogen and other emissions from facilities and other stationary
108	108	sources; and
109	109	(6) taking appropriate actions, with a focus on areas
110	110	with heavy concentrations of emissions of fine particulate matter
111	111	from internal combustion engines, to assist areas designated as
112	112	nonattainment areas for fine particulate matter, areas that become
113	113	designated as nonattainment areas for fine particulate matter, and
114	114	areas in jeopardy of being designated as nonattainment areas for
115	115	fine particulate matter.
116	116	SECTION 2.03. Section 386.057(b), Health and Safety Code,
117	117	is amended to read as follows:
118	118	(b) Not later than December 1, 2002, and not later than
119	119	December 1 of each subsequent second year, the commission, in
120	120	consultation with the advisory board, shall publish and submit to
121	121	the legislature a biennial plan report. The report must include:
122	122	(1) the information included in the annual reviews
123	123	conducted under Subsection (a);
124	124	(2) specific information for individual projects as
125	125	required by Subsection (c);
126	126	(3) information contained in reports received under
127	127	Sections 386.205, 388.003(e), [and] 388.006, and 391.104; and
128	128	(4) a summary of the commission's activities under
129	129	Section 386.052.
130	130	SECTION 2.04. Section 386.251(c), Health and Safety Code,
131	131	is amended to read as follows:
132	132	(c) The fund consists of:
133	133	(1) the amount of money deposited to the credit of the
134	134	fund under:
135	135	(A) Section 386.056;
136	136	(B) Sections 151.0515 and 152.0215, Tax Code; and
137	137	(C) Sections 501.138, 502.1675, and 548.5055,
138	138	Transportation Code; and
139	139	(2) grant money recaptured under Section 386.111(d)
140	140	and Chapter 391.
141	141	SECTION 2.05. Subtitle C, Title 5, Health and Safety Code,
142	142	is amended by adding Chapter 391 to read as follows:
143	143	CHAPTER 391. NEW TECHNOLOGY IMPLEMENTATION GRANT PROGRAM FOR
144	144	FACILITIES AND STATIONARY SOURCES
145	145	SUBCHAPTER A. GENERAL PROVISIONS
146	146	Sec. 391.001. DEFINITIONS. In this chapter:
147	147	(1) "Best available control technology" has the
148	148	meaning assigned by Section 169 of the federal Clean Air Act (42
149	149	U.S.C. Section 7479(3)).
150	150	(2) "Commission" means the Texas Commission on
151	151	Environmental Quality.
152	152	(3) "Facility" has the meaning assigned by Section
153	153	382.003.
154	154	(4) "Incremental cost" has the meaning assigned by
155	155	Section 386.001.
156	156	(5) "New technology" means emissions control
157	157	technology that results in emissions reductions that exceed state
158	158	or federal requirements in effect at the time of submission of a new
159	159	technology implementation grant application.
160	160	(6) "Stationary source" has the meaning assigned by
161	161	Section 302 of the federal Clean Air Act (42 U.S.C. Section
162	162	7602(z)).
163	163	Sec. 391.002. GRANT PROGRAM. (a) The commission shall
164	164	establish and administer a new technology implementation grant
165	165	program to assist the implementation of new technologies to reduce
166	166	emissions from facilities and other stationary sources in this
167	167	state. Under the program, the commission shall provide grants or
168	168	other financial incentives for eligible projects to offset the
169	169	incremental cost of emissions reductions.
170	170	(b) Projects that may be considered for a grant under the
171	171	program include:
172	172	(1) advanced clean energy projects, as defined by
173	173	Section 382.003;
174	174	(2) new technology projects that reduce emissions of
175	175	regulated pollutants from point sources and involve capital
176	176	expenditures that exceed $500 million; and
177	177	(3) electricity storage projects related to renewable
178	178	energy.
179	179	Sec. 391.003. GUIDELINES AND CRITERIA. (a) The commission
180	180	shall adopt grant guidelines and criteria consistent with the
181	181	requirements of this chapter.
182	182	(b) The guidelines must include:
183	183	(1) protocols to compute projected emissions
184	184	reductions and project cost-effectiveness; and
185	185	(2) safeguards to ensure that the projects funded
186	186	result in emissions reductions not otherwise required by state or
187	187	federal law.
188	188	(c) The commission may propose revisions to the guidelines
189	189	and criteria adopted under this section as necessary to improve the
190	190	ability of the program to achieve the program goals.
191	191	(d) The commission may adopt emergency rules under Section
192	192	2001.034, Government Code, with abbreviated notice, to carry out
193	193	any rulemaking necessary to implement this chapter.
194	194	(e) Except as provided by Subsection (d), the rulemaking
195	195	requirements of Chapter 2001, Government Code, do not apply to the
196	196	adoption or revision of guidelines and criteria under this section.
197	197	Sec. 391.004. AVAILABILITY OF EMISSIONS REDUCTION CREDITS
198	198	IN CERTAIN NONATTAINMENT AREAS. A project funded under this
199	199	chapter must comply with Sections 386.055 and 386.056, as
200	200	applicable.
201	201	[Sections 391.005-391.100 reserved for expansion]
202	202	SUBCHAPTER B. GRANT APPLICATIONS AND REVIEW
203	203	Sec. 391.101. APPLICATION FOR GRANT. (a) The owner of a
204	204	facility located in this state may apply for a grant under the
205	205	program established under Section 391.002. To improve the ability
206	206	of the program to achieve the program goals, the commission may
207	207	adopt guidelines to allow a person other than the owner to apply for
208	208	and receive a grant.
209	209	(b) An application for a grant under this chapter must be
210	210	made on a form provided by the commission and must contain
211	211	information required by the commission, including:
212	212	(1) a detailed description of the proposed project;
213	213	(2) information necessary for the commission to
214	214	determine whether the project meets the commission's eligibility
215	215	requirements, including a statement of the amounts of any other
216	216	public financial assistance the project will receive; and
217	217	(3) other information the commission may require.
218	218	(c) An application for a grant under this chapter must
219	219	contain a plan for implementation of a program that will provide
220	220	project information and education to the public in the areas
221	221	subject to public notice under federal and state permitting
222	222	requirements for the proposed project until completion of the
223	223	permitting process. The plan must provide for a publicly
224	224	accessible informational Internet website.
225	225	Sec. 391.102. GRANT APPLICATION REVIEW PROCEDURES.
226	226	(a) The commission shall review an application for a grant for a
227	227	project authorized under this chapter according to dates specified
228	228	in a request for grant applications. If the commission determines
229	229	that an application is incomplete, the commission shall notify the
230	230	applicant and provide an explanation of the information missing
231	231	from the application. The commission shall evaluate the completed
232	232	application according to the guidelines and criteria adopted under
233	233	Section 391.003.
234	234	(b) To the extent possible, the commission shall coordinate
235	235	project review and approval with any timing constraints related to
236	236	project purchases or installations to be made by an applicant.
237	237	(c) The commission may deny a grant application for a
238	238	project that does not meet the applicable criteria or that the
239	239	commission determines is not made in good faith, is not credible, or
240	240	is not in compliance with this chapter or the goals of this chapter.
241	241	(d) Subject to the availability of funding, the commission
242	242	shall award a grant under this chapter in conjunction with the
243	243	execution of a contract that obligates the commission to make the
244	244	grant and the recipient to perform the actions described by the
245	245	recipient's grant application. Subject to Section 391.204, the
246	246	contract must incorporate provisions for recapturing grant money
247	247	for noncompliance with grant requirements. Grant money recaptured
248	248	under the contract provisions shall be deposited in the Texas
249	249	emissions reduction plan fund and reallocated for other projects
250	250	under this subchapter.
251	251	(e) An applicant may seek reimbursement for qualifying
252	252	equipment installed after the effective date of this program.
253	253	(f) In coordinating interagency application review
254	254	procedures, the commission shall:
255	255	(1) solicit review and comments from:
256	256	(A) the comptroller to assess:
257	257	(i) the financial stability of the
258	258	applicant;
259	259	(ii) the economic benefits and job creation
260	260	potential associated with the project; and
261	261	(iii) any other information related to the
262	262	duties of that office;
263	263	(B) the Public Utility Commission of Texas to
264	264	assess:
265	265	(i) the reliability of the proposed
266	266	technology;
267	267	(ii) the feasibility and
268	268	cost-effectiveness of electric transmission associated with the
269	269	project; and
270	270	(iii) any other information related to the
271	271	duties of that agency; and
272	272	(C) the Railroad Commission of Texas to assess:
273	273	(i) the availability and cost of the fuel
274	274	involved with the project; and
275	275	(ii) any other information related to the
276	276	duties of that agency;
277	277	(2) consider the comments received under Subdivision
278	278	(1) in the commission's grant award decision process; and
279	279	(3) as part of the report required by Section 391.104,
280	280	justify awards made to projects that have been negatively reviewed
281	281	by agencies under Subdivision (1).
282	282	(g) The commission may solicit review and comments from
283	283	other state agencies or other entities with subject matter
284	284	expertise applicable to the review of a grant application.
285	285	Sec. 391.103. EVIDENCE OF EMISSIONS REDUCTION POTENTIAL
286	286	REQUIRED. (a) An application for a new technology implementation
287	287	grant under this chapter must show reasonable evidence that the
288	288	proposed technology is capable of providing a significant reduction
289	289	in emissions.
290	290	(b) The commission shall consider specifically, for each
291	291	proposed new technology implementation grant application:
292	292	(1) the projected potential for reduced emissions and
293	293	the cost-effectiveness of the new technology;
294	294	(2) the potential for the new technology to contribute
295	295	significantly to air quality goals; and
296	296	(3) the strength of the implementation plan.
297	297	Sec. 391.104. REPORTING REQUIREMENTS. The commission
298	298	annually shall prepare a report that summarizes the applications
299	299	received and grants awarded in the preceding year. Preparation of
300	300	the report must include the participation of the state agencies
301	301	involved in the review of applications under Section 391.102.
302	302	[Sections 391.105-391.200 reserved for expansion]
303	303	SUBCHAPTER C. PROJECT REQUIREMENTS
304	304	Sec. 391.201. ELIGIBILITY OF PROJECTS FOR GRANTS. (a) The
305	305	commission shall establish criteria for prioritizing projects
306	306	eligible to receive grants under this chapter. The commission
307	307	shall review and may modify the criteria and priorities as
308	308	appropriate.
309	309	(b) A proposed project must meet the requirements of this
310	310	section to be eligible for a grant under the program established
311	311	under Section 391.002.
312	312	(c) Each proposed project must meet the cost-effectiveness
313	313	requirements established by the commission.
314	314	(d) A new technology implementation project must document,
315	315	in a manner acceptable to the commission, an achieved reduction
316	316	from the baseline emissions adopted by the commission for the
317	317	relevant facility or stationary source. After studying available
318	318	emissions reduction technologies, the commission may impose a
319	319	required minimum percentage reduction of emissions to improve the
320	320	ability of the program to achieve the program goals.
321	321	(e) If a baseline emissions standard does not exist for a
322	322	facility, the commission, for purposes of this subchapter, shall
323	323	adopt an appropriate baseline emissions level for comparison
324	324	purposes.
325	325	(f) Planned water usage by proposed projects must be
326	326	consistent with the state water plan.
327	327	Sec. 391.202. EVALUATING COST-EFFECTIVENESS. The
328	328	commission shall establish reasonable methodologies for evaluating
329	329	project cost-effectiveness, consistent with accepted methods.
330	330	Sec. 391.203. DETERMINATION OF GRANT AMOUNT. (a) The
331	331	commission may not award a grant that, net of taxes, provides an
332	332	amount that exceeds the incremental cost of the proposed project.
333	333	(b) In determining the amount of a grant under this
334	334	subchapter, the commission shall reduce the incremental cost of a
335	335	proposed project by the value of any existing financial incentive
336	336	that directly reduces the cost of the proposed project, including
337	337	tax credits or deductions, other grants, or any other public
338	338	financial assistance.
339	339	Sec. 391.204. COST SHARING; RECAPTURING GRANT. (a) The
340	340	commission shall require an applicant to bear at least 50 percent of
341	341	the costs of implementing a project funded under this chapter.
342	342	(b) The commission may not require repayment of grant money,
343	343	except that the commission must require provisions for recapturing
344	344	grant money for noncompliance with grant requirements.
345	345	Sec. 391.205. PREFERENCES. (a) Except as provided by
346	346	Subsection (c), in awarding grants under this chapter the
347	347	commission shall give preference to projects that:
348	348	(1) use natural resources originating or produced in
349	349	this state;
350	350	(2) contain an energy efficiency component; or
351	351	(3) include the use of solar, wind, or other renewable
352	352	energy sources.
353	353	(b) Projects that include more than one of the criteria
354	354	described by Subsection (a) shall be given a greater preference in
355	355	the award of grants under this chapter.
356	356	(c) The commission may give preference under Subsection (a)
357	357	only if the cost-effectiveness and emission performance of the
358	358	project are comparable to those of a project not claiming a
359	359	preference described by that subsection.
360	360	[Sections 391.206-391.300 reserved for expansion]
361	361	SUBCHAPTER D. FUNDING; EXPIRATION
362	362	Sec. 391.301. RESTRICTION ON USE OF GRANT. A recipient of a
363	363	grant under this chapter must use the grant to pay the incremental
364	364	costs of the purchase and installation of the project for which the
365	365	grant is made, which may include reasonable and necessary expenses
366	366	for the labor needed to install emissions-reducing equipment. The
367	367	recipient may not use the grant for the costs of operating and
368	368	maintaining the emissions-reducing equipment.
369	369	Sec. 391.302. COMPTROLLER REVIEW OF USE OF GRANT FUNDS. (a)
370	370	The comptroller annually shall conduct a review of each recipient
371	371	of a new technology implementation grant under this chapter to
372	372	ensure that the recipient's use of the grant complies with state law
373	373	and the terms of the award.
374	374	(b) To assist with a review under this section, the
375	375	commission shall provide the comptroller with all monitoring
376	376	reports received from grant recipients and any other documentation
377	377	requested by the comptroller.
378	378	(c) On a finding of any misuse of grant money or other
379	379	noncompliance with grant requirements, the comptroller shall
380	380	provide a report to the commission with recommendations for
381	381	subsequent action, including the recapture of money misused.
382	382	(d) A finding of any misuse of grant money by a recipient of
383	383	a grant under this chapter results in a debt owed to the state, and
384	384	the comptroller may withhold warrants and electronic funds
385	385	transfers to the recipient in accordance with Section 403.055,
386	386	Government Code.
387	387	(e) The comptroller may contract with another state agency,
388	388	an institution of higher education, or a private entity to conduct a
389	389	review under this section or to assist the comptroller in
390	390	conducting any part of the review.
391	391	(f) The comptroller may adopt rules to implement this
392	392	section.
393	393	Sec. 391.303. TIME OF USE OF GRANT FUNDING. Money
394	394	appropriated for grants to be made by the commission under this
395	395	chapter for a fiscal year may be distributed in subsequent fiscal
396	396	years if the grant has been awarded and treated as a binding
397	397	encumbrance by the commission before the end of the appropriation
398	398	year of the money appropriated for grant purposes. Distribution of
399	399	the grant money is subject to Section 403.071, Government Code.
400	400	Sec. 391.304. EXPIRATION. This chapter expires August 31,
401	401	2019.
402	402	SECTION 2.06. Section 403.071(b), Government Code, is
403	403	amended to read as follows:
404	404	(b) A claim may not be paid from an appropriation unless the
405	405	claim is presented to the comptroller for payment not later than two
406	406	years after the end of the fiscal year for which the appropriation
407	407	was made. However, a claim may be presented not later than four
408	408	years after the end of the fiscal year for which the appropriation
409	409	from which the claim is to be paid was made if the appropriation
410	410	relates to new construction contracts, to grants awarded under
411	411	Chapter 391, Health and Safety Code, or to repair and remodeling
412	412	projects that exceed the amount of $20,000, including furniture and
413	413	other equipment, architects' and engineering fees, and other costs
414	414	related to the contracts or projects.
415	415	ARTICLE 3. LOW-INCOME VEHICLE REPAIR ASSISTANCE, RETROFIT, AND
416	416	ACCELERATED VEHICLE RETIREMENT PROGRAM; CLEAN AIR ACT FEES
417	417	SECTION 3.01. Section 382.0622(a), Health and Safety Code,
418	418	is amended to read as follows:
419	419	(a) Clean Air Act fees consist of:
420	420	(1) fees collected by the commission under Sections
421	421	382.062, 382.0621, 382.202, and 382.302 and as otherwise provided
422	422	by law; [and]
423	423	(2) $2 of each advance payment collected by the
424	424	Department of Public Safety for inspection certificates for
425	425	vehicles other than mopeds under Section 548.501, Transportation
426	426	Code; and
427	427	(3) fees collected that are required under Section 185
428	428	of the federal Clean Air Act (42 U.S.C. Section 7511d).
429	429	SECTION 3.02. Section 382.210(d), Health and Safety Code,
430	430	is amended to read as follows:
431	431	(d) A participating county shall provide an electronic
432	432	means for distributing vehicle repair or replacement funds once all
433	433	program criteria have been met with regard to the repair or
434	434	replacement. The county shall ensure that funds are transferred to
435	435	a participating dealer under this section not later than the 10th
436	436	[five] business day [days] after the date the county receives proof
437	437	of the sale and any required administrative documents from the
438	438	participating dealer.
439	439	SECTION 3.03. Sections 382.220(c) and (d), Health and
440	440	Safety Code, are amended to read as follows:
441	441	(c) Money that is made available for the implementation of a
442	442	program under Subsection (b) may not be expended for local
443	443	government fleet or vehicle acquisition or replacement, call center
444	444	management, application oversight, invoice analysis, education,
445	445	outreach, or advertising purposes.
446	446	(d) Fees collected under Sections 382.202 and 382.302 may be
447	447	used, in an amount not to exceed $5 million per fiscal year, for
448	448	projects described by Subsection (b). The fees shall be made
449	449	available only to counties participating in the low-income vehicle
450	450	repair assistance, retrofit, and accelerated vehicle retirement
451	451	programs created under Section 382.209 and only on a matching
452	452	basis, whereby the commission provides money to a county in the same
453	453	amount that the county dedicates to a project authorized by
454	454	Subsection (b). The commission may reduce the match requirement
455	455	for a county that proposes to develop and implement independent
456	456	test facility fraud detection programs, including the use of remote
457	457	sensing technology for coordinating with law enforcement officials
458	458	to detect, prevent, and prosecute the use of counterfeit state
459	459	inspection stickers.
460	460	ARTICLE 4. TEXAS EMISSIONS REDUCTION PLAN
461	461	SECTION 4.01. Section 386.001, Health and Safety Code, is
462	462	amended by adding Subdivision (10-a) to read as follows:
463	463	(10-a) "Stationary engine" means a machine used in
464	464	nonmobile applications that converts fuel into mechanical motion,
465	465	including turbines and other internal combustion devices.
466	466	SECTION 4.02. Section 386.002, Health and Safety Code, is
467	467	amended to read as follows:
468	468	Sec. 386.002. EXPIRATION. This chapter expires August 31,
469	469	2019 [2013].
470	470	SECTION 4.03. Section 386.104(c), Health and Safety Code,
471	471	is amended to read as follows:
472	472	(c) For a proposed project as described by Section
473	473	386.102(b), other than a project involving a marine vessel or
474	474	engine, not less than 75 percent of vehicle miles traveled or hours
475	475	of operation projected for the five years immediately following the
476	476	award of a grant must be projected to take place in a nonattainment
477	477	area or affected county of this state. The commission may also
478	478	allow vehicle travel on highways and roadways, or portions of a
479	479	highway or roadway, designated by the commission and located
480	480	outside a nonattainment area or affected county to count towards
481	481	the percentage of use requirement in this subsection. For a
482	482	proposed project involving a marine vessel or engine, the vessel or
483	483	engine must be operated in the intercoastal waterways or bays
484	484	adjacent to a nonattainment area or affected county of this state
485	485	for a sufficient amount of time over the lifetime of the project, as
486	486	determined by the commission, to meet the cost-effectiveness
487	487	requirements of Section 386.105. For a proposed project involving
488	488	non-road equipment used for natural gas recovery purposes, the
489	489	equipment must be operated in a nonattainment area or affected
490	490	county for a sufficient amount of use over the lifetime of the
491	491	project, as determined by the commission, to meet the
492	492	cost-effectiveness requirements of Section 386.105.
493	493	SECTION 4.04. Section 390.006, Health and Safety Code, is
494	494	amended to read as follows:
495	495	Sec. 390.006. EXPIRATION. This chapter expires August 31,
496	496	2019 [2013].
497	497	SECTION 4.05. Section 151.0515(d), Tax Code, is amended to
498	498	read as follows:
499	499	(d) This section expires August 31, 2019 [2013].
500	500	SECTION 4.06. Section 152.0215(c), Tax Code, is amended to
501	501	read as follows:
502	502	(c) This section expires August 31, 2019 [2013].
503	503	SECTION 4.07. Section 501.138(b-3), Transportation Code,
504	504	is amended to read as follows:
505	505	(b-3) This subsection and Subsection (b-2) expire September
506	506	1, 2019 [2015].
507	507	SECTION 4.08. Section 502.1675(c), Transportation Code, is
508	508	amended to read as follows:
509	509	(c) This section expires August 31, 2019 [2013].
510	510	SECTION 4.09. Section 548.5055(c), Transportation Code, is
511	511	amended to read as follows:
512	512	(c) This section expires August 31, 2019 [2013].
513	513	ARTICLE 5. NEW TECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAM
514	514	SECTION 5.01. Sections 386.252(a) and (b), Health and
515	515	Safety Code, are amended to read as follows:
516	516	(a) Money in the fund may be used only to implement and
517	517	administer programs established under the plan and shall be
518	518	allocated as follows:
519	519	(1) for the diesel emissions reduction incentive
520	520	program, 87.5 percent of the money in the fund, of which:
521	521	(A) not more than four percent may be used for the
522	522	clean school bus program;
523	523	(B) [and] not more than 10 percent may be used for
524	524	on-road diesel purchase or lease incentives; and
525	525	(C) a specified amount may be used for the new
526	526	technology implementation grant program, from which a defined
527	527	amount may be set aside for electricity storage projects related to
528	528	renewable energy;
529	529	(2) for the new technology research and development
530	530	program, nine [9.5] percent of the money in the fund, of which:
531	531	(A) up to [$250,000 is allocated for
532	532	administration, up to] $200,000 is allocated for a health effects
533	533	study;
534	534	(B) [,] $500,000 is to be deposited in the state
535	535	treasury to the credit of the clean air account created under
536	536	Section 382.0622 to supplement funding for air quality planning
537	537	activities in affected counties;
538	538	(C) [,] not less than 20 percent is to be
539	539	allocated each year to support research related to air quality as
540	540	provided by Section 387.010; [for the Houston-Galveston-Brazoria
541	541	and Dallas-Fort Worth nonattainment areas by a nonprofit
542	542	organization based in Houston of which $216,000 each year shall be
543	543	contracted to the Energy Systems Laboratory at the Texas
544	544	Engineering Experiment Station for the development and annual
545	545	calculation of creditable statewide emissions reductions obtained
546	546	through wind and other renewable energy resources for the State
547	547	Implementation Plan,] and
548	548	(D) the balance is [to be] allocated each year to
549	549	the commission [a nonprofit organization or an institution of
550	550	higher education based in Houston] to be used to:
551	551	(i) implement and administer the new
552	552	technology research and development program [under a contract with
553	553	the commission] for the purpose of identifying, testing, and
554	554	evaluating new emissions-reducing technologies with potential for
555	555	commercialization in this state and to facilitate their
556	556	certification or verification; and
557	557	(ii) contract with the Energy Systems
558	558	Laboratory at the Texas Engineering Experiment Station for $216,000
559	559	annually for the development and annual computation of creditable
560	560	statewide emissions reductions obtained through wind and other
561	561	renewable energy resources for the state implementation plan; and
562	562	(3) two percent is allocated to the commission and 1.5
563	563	percent is allocated to the laboratory for administrative costs
564	564	incurred by the commission and the laboratory[, three percent of
565	565	the money in the fund].
566	566	(b) The [Up to 25 percent of the] money allocated under
567	567	Subsection (a) to a particular program [and not expended under that
568	568	program by January 1 of the second fiscal year of a fiscal biennium]
569	569	may be used for another program under the plan as determined by the
570	570	commission [in consultation with the advisory board].
571	571	SECTION 5.02. Section 387.003, Health and Safety Code, is
572	572	amended to read as follows:
573	573	Sec. 387.003. NEW TECHNOLOGY RESEARCH AND DEVELOPMENT
574	574	PROGRAM. (a) The commission [A nonprofit organization or
575	575	institution of higher education described by Section
576	576	386.252(a)(2), under a contract with the commission as described by
577	577	that section,] shall establish and administer a new technology
578	578	research and development program as provided by this chapter. The
579	579	commission may contract with one or more well-qualified nonprofit
580	580	organizations or institutions of higher education for
581	581	administration of this program [than one entity and may limit the
582	582	amount of each grant contract accordingly].
583	583	(b) Under the program, the commission shall provide grants
584	584	[to be used] to support development of emissions-reducing
585	585	technologies that may be used for projects eligible for awards
586	586	under Chapters [Chapter] 386 and 391 and other new technologies
587	587	that show promise for commercialization. The primary objective of
588	588	this chapter is to promote the development of commercialization
589	589	technologies to reduce emissions of oxides of nitrogen in
590	590	nonattainment areas designated in this state [that will support
591	591	projects that may be funded under Chapter 386 and this chapter,
592	592	including advanced technologies such as fuel cells, catalysts, and
593	593	fuel additives].
594	594	(c) If the commission contracts with one or more [The board
595	595	of directors of a] nonprofit organizations or institutions of
596	596	higher education to [organization under contract with the
597	597	commission to establish and] administer a new technology research
598	598	and development program under [as provided by] this chapter, the
599	599	board of directors of each organization may not have more than 11
600	600	members, must include two persons of relevant scientific expertise
601	601	to be nominated by the commission, and may not include more than
602	602	four county judges [selected from counties in the
603	603	Houston-Galveston-Brazoria and Dallas-Fort Worth nonattainment
604	604	areas]. The two persons of relevant scientific expertise to be
605	605	nominated by the commission may be employees or officers of the
606	606	commission, provided that they do not participate in funding
607	607	decisions affecting the granting of funds by the commission to a
608	608	nonprofit organization on whose board they serve.
609	609	(d) [The commission may enter into a grant contract with an
610	610	institution of higher education described by Section 386.252(a)(2)
611	611	for the institution to operate a testing facility which would be
612	612	available for demonstration of eligible projects receiving grants
613	613	under this chapter.
614	614	[(e)] The commission shall provide oversight as appropriate
615	615	for grants provided to a nonprofit organization or an institution
616	616	of higher education under this program.
617	617	(e) [(f)] A nonprofit organization or an institution of
618	618	higher education shall submit to the commission for approval a
619	619	budget for the disposition of funds granted under this program.
620	620	(f) [(g)] The commission shall limit the use of grants for
621	621	administrative costs incurred by a nonprofit organization or an
622	622	institution of higher education to an amount not to exceed 10
623	623	percent of the total program funding [provided to the nonprofit
624	624	organization under this program].
625	625	(g) [(h)] A nonprofit organization that receives grants
626	626	from the commission under this program is subject to Chapters 551
627	627	and 552, Government Code.
628	628	SECTION 5.03. Section 387.004, Health and Safety Code, is
629	629	amended to read as follows:
630	630	Sec. 387.004. SOLICITATION OF NEW TECHNOLOGY
631	631	PROPOSALS. The commission from time to time shall issue or
632	632	contract with a nonprofit organization or an institution of higher
633	633	education described by Section 387.003(a) [386.252(a)(2)] to issue
634	634	specific requests for proposals (RFPs) or program opportunity
635	635	notices (PONs) for technology projects to be funded under the
636	636	program.
637	637	SECTION 5.04. Sections 387.005(a), (b), and (f), Health and
638	638	Safety Code, are amended to read as follows:
639	639	(a) Grants awarded under this chapter shall be directed
640	640	toward a balanced mix of:
641	641	(1) retrofit and add-on technologies and other
642	642	advanced technologies that reduce emissions from the existing stock
643	643	of engines and vehicles targeted by the Texas emissions reduction
644	644	plan, provided that the technologies do not significantly reduce
645	645	the fuel economy of those engines and vehicles;
646	646	(2) [the establishment of a testing facility to
647	647	evaluate retrofits, add-ons, advanced technologies, and fuels, or
648	648	combinations of retrofits, add-ons, advanced technologies, and
649	649	fuels, to determine their effectiveness in producing emissions
650	650	reductions, with emphasis on the reduction of oxides of nitrogen;
651	651	and
652	652	[(3)] advanced technologies for new engines and
653	653	vehicles that produce very-low or zero emissions of oxides of
654	654	nitrogen, including stationary and mobile fuel cells;
655	655	(3) advanced technologies for reducing oxides of
656	656	nitrogen and other emissions from stationary sources; and
657	657	(4) field validation of innovative technologies that:
658	658	(A) reduce emissions of oxides of nitrogen and
659	659	other emissions; and
660	660	(B) require demonstration of viability for full
661	661	commercial acceptance.
662	662	(b) The commission, directly or through a nonprofit
663	663	organization or an institution of higher education described by
664	664	Section 387.003(a) [386.252(a)(2)], shall identify and evaluate
665	665	and may consider making grants for technology projects that would
666	666	allow qualifying fuels to be produced from energy resources in this
667	667	state. In considering projects under this subsection, the
668	668	commission shall give preference to projects involving otherwise
669	669	unusable energy resources in this state and producing qualifying
670	670	fuels at prices lower than otherwise available and low enough to
671	671	make the projects to be funded under the program economically
672	672	attractive to local businesses in the area for which the project is
673	673	proposed.
674	674	(f) Selection of grant recipients by a nonprofit
675	675	organization or an institution of higher education described by
676	676	Section 387.003(a) [386.252(a)(2)] under contract with the
677	677	commission for the purpose of establishing and administering a new
678	678	technology research and development program as provided by this
679	679	chapter is subject to the commission's review and to the other
680	680	requirements of this chapter. A grant contract under this chapter
681	681	using funds described by Section 386.252 may not be made by a
682	682	nonprofit organization or an institution of higher education if the
683	683	commission or executive director of the commission does not consent
684	684	to the grant or contract.
685	685	SECTION 5.05. Section 387.006, Health and Safety Code, is
686	686	amended to read as follows:
687	687	Sec. 387.006. EVIDENCE OF COMMERCIALIZATION POTENTIAL
688	688	REQUIRED. (a) An application for a technology grant under this
689	689	chapter must show reasonable [clear and compelling] evidence that:
690	690	(1) the proposed technology project has a substantial
691	691	[strong] commercialization plan and organization; and
692	692	(2) the technology proposed for funding[:
693	693	[(A)] is likely to be offered for commercial sale
694	694	in this state as soon as practicable [but no later than five years]
695	695	after the date of the application for funding[; and
696	696	[(B) once commercialized, will offer
697	697	opportunities for projects eligible for funding under Chapter 386].
698	698	(b) The commission shall consider specifically, for each
699	699	proposed technology project application:
700	700	(1) the projected potential for reduced emissions of
701	701	oxides of nitrogen and the cost-effectiveness of the technology
702	702	once it has been commercialized, including the impact on fuel
703	703	consumption and maintenance costs for retrofits and rebuilds;
704	704	(2) the potential for the technology to contribute
705	705	significantly to air quality goals; and
706	706	(3) the strength of the commercialization plan.
707	707	SECTION 5.06. Chapter 387, Health and Safety Code, is
708	708	amended by adding Section 387.010 to read as follows:
709	709	Sec. 387.010. AIR QUALITY RESEARCH. (a) The commission
710	710	shall contract with a nonprofit organization or institution of
711	711	higher education to establish and administer a program to support
712	712	research related to air quality.
713	713	(b) The board of directors of a nonprofit organization
714	714	establishing and administering the program under this section may
715	715	not have more than 11 members, must include two persons with
716	716	relevant scientific expertise to be nominated by the commission,
717	717	and may not include more than four county judges selected from
718	718	counties in the Houston-Galveston-Brazoria and Dallas-Fort Worth
719	719	nonattainment areas. The two persons with relevant scientific
720	720	expertise to be nominated by the commission may be employees or
721	721	officers of the commission, provided that they do not participate
722	722	in funding decisions affecting the granting of funds by the
723	723	commission to a nonprofit organization on whose board they serve.
724	724	(c) The commission shall provide oversight as appropriate
725	725	for grants provided under the program established under this
726	726	section.
727	727	(d) A nonprofit organization or institution of higher
728	728	education shall submit to the commission for approval a budget for
729	729	the disposition of funds granted under the program established
730	730	under this section.
731	731	(e) A nonprofit organization or institution of higher
732	732	education shall be reimbursed for costs incurred in establishing
733	733	and administering the research program related to air quality under
734	734	this section. Reimbursable administrative costs of a nonprofit
735	735	organization or institution of higher education may not exceed 10
736	736	percent of the program budget.
737	737	(f) A nonprofit organization that receives grants from the
738	738	commission under this section is subject to Chapters 551 and 552,
739	739	Government Code.
740	740	ARTICLE 6. BUILDING ENERGY CODES
741	741	SECTION 6.01. Section 388.003, Health and Safety Code, as
742	742	amended by Chapters 262 (S.B. 12) and 939 (H.B. 3693), Acts of the
743	743	80th Legislature, Regular Session, 2007, is reenacted and amended
744	744	to read as follows:
745	745	Sec. 388.003. ADOPTION OF BUILDING ENERGY EFFICIENCY
746	746	PERFORMANCE STANDARDS. (a) To achieve energy conservation in
747	747	single-family residential construction, the energy efficiency
748	748	provisions [chapter] of the International Residential Code, as it
749	749	existed on May 1, 2001, are [is] adopted as the energy code in this
750	750	state for single-family residential construction. Beginning
751	751	January 1, 2012, the energy efficiency provisions of the
752	752	International Residential Code, as it existed on May 1, 2009, are
753	753	adopted as the energy code in this state for single-family
754	754	residential construction.
755	755	(b) To achieve energy conservation in all other
756	756	residential, commercial, and industrial construction, the
757	757	International Energy Conservation Code as it existed on May 1,
758	758	2001, is adopted as the energy code for use in this state for all
759	759	other residential, commercial, and industrial construction.
760	760	Beginning January 1, 2012, the International Energy Conservation
761	761	Code, as it existed on May 1, 2009, is adopted as the energy code in
762	762	this state for all other residential, commercial, and industrial
763	763	construction.
764	764	(b-1) If the State Energy Conservation Office determines,
765	765	based on written recommendations from the laboratory, that the
766	766	latest published [edition of the] International Residential Code
767	767	energy efficiency provisions or the latest published edition of the
768	768	International Energy Conservation Code will result in residential
769	769	or commercial sector energy efficiency and air quality impact that
770	770	overall is equivalent to or better than the energy efficiency and
771	771	air quality achievable under the editions adopted under Subsection
772	772	(a) or (b), the office may by rule adopt the equivalent or more
773	773	stringent editions and substitute them for the energy codes
774	774	described by Subsection (a) or (b). The rule, if adopted, shall
775	775	establish an effective date for the new energy codes but not earlier
776	776	than nine months after the date of adoption. The laboratory shall
777	777	make its recommendations not later than six months after
778	778	publication of new editions at the end of each three-year code
779	779	development cycle of the International Residential Code and the
780	780	International Energy Conservation Code.
781	781	(b-2) The State Energy Conservation Office by rule shall
782	782	establish a procedure for persons who have an interest in the
783	783	adoption of energy codes under Subsection (b-1) to have an
784	784	opportunity to comment on the codes under consideration. The
785	785	office shall consider persons who have an interest in adoption of
786	786	those codes to include:
787	787	(1) commercial and residential builders, architects,
788	788	and engineers;
789	789	(2) municipal, county, and other local government
790	790	authorities; and
791	791	(3) environmental groups.
792	792	(b-3) In developing written recommendations under
793	793	Subsection (b-1), the laboratory shall consider the comments
794	794	submitted under Subsection (b-2).
795	795	(c) A municipality shall establish procedures:
796	796	(1) for the administration and enforcement of the
797	797	codes; and
798	798	(2) to ensure that code-certified inspectors or
799	799	approved energy efficiency program verifiers shall perform
800	800	inspections and enforce the code in the inspectors' jurisdictions.
801	801	(d) A municipality [or county] may establish procedures to
802	802	adopt local amendments to the International Energy Conservation
803	803	Code and the energy efficiency provisions [chapter] of the
804	804	International Residential Code.
805	805	(e) Local amendments may not result in less stringent
806	806	overall energy efficiency requirements [in nonattainment areas and
807	807	in affected counties] than the energy efficiency chapter of the
808	808	International Residential Code or International Energy
809	809	Conservation Code. Local amendments must comply with the National
810	810	Appliance Energy Conservation Act of 1987 (42 U.S.C. Sections
811	811	6291-6309), as amended. The laboratory, at the request of a
812	812	municipality [or county], shall determine the relative impact of
813	813	proposed local amendments to an energy code, including whether
814	814	proposed amendments are substantially equal to or less stringent
815	815	than the unamended code. [For the purpose of establishing uniform
816	816	requirements throughout a region, and on request of a council of
817	817	governments, a county, or a municipality, the laboratory may
818	818	recommend a climatically appropriate modification or a climate zone
819	819	designation for a county or group of counties that is different from
820	820	the climate zone designation in the unamended code.] The
821	821	laboratory shall:
822	822	(1) report its findings to the council[, county,] or
823	823	municipality, including an estimate of any energy savings potential
824	824	above the base code from local amendments; and
825	825	(2) annually submit a report to the commission:
826	826	(A) identifying the municipalities [and
827	827	counties] whose codes are more stringent than the unamended code,
828	828	and whose codes are equally stringent or less stringent than the
829	829	unamended code; and
830	830	(B) quantifying energy savings and emissions
831	831	reductions from this program.
832	832	(f) Each municipality[, and each county] that has
833	833	established procedures under Subsection (d)[,] shall periodically
834	834	review and consider revisions made by the International Code
835	835	Council to the International Energy Conservation Code and the
836	836	energy efficiency chapter of the International Residential Code
837	837	adopted after May 1, 2009 [2001].
838	838	(g) The laboratory shall have the authority to set and
839	839	collect fees to perform certain tasks in support of the
840	840	requirements in Sections 388.004, 388.007, and 388.008.
841	841	(h) Within the boundaries of an airport operated by a joint
842	842	board created under Subchapter D, Chapter 22, Transportation Code,
843	843	the constituent agencies of which are populous home-rule
844	844	municipalities, the powers of a municipality under this section are
845	845	exclusively the powers of the joint board.
846	846	(i) A building certified by a national, state, or local
847	847	accredited energy efficiency program and determined by the
848	848	laboratory to be in compliance with the energy efficiency
849	849	requirements of this section may, at the option of the
850	850	municipality, be considered in compliance. The United States
851	851	Environmental Protection Agency's Energy Star Program
852	852	certification of energy code equivalency shall be considered in
853	853	compliance.
854	854	ARTICLE 7. IDLING OF MOTOR VEHICLES
855	855	SECTION 7.01. Sections 382.0191(b) and (d), Health and
856	856	Safety Code, are amended to read as follows:
857	857	(b) Except as provided by Subsection (c), the [The]
858	858	commission may not prohibit or limit the idling of any [a] motor
859	859	vehicle that:
860	860	(1) has a gross vehicle weight rating greater than
861	861	8,500 pounds; and
862	862	(2) is equipped with a 2008 or subsequent model year
863	863	heavy duty diesel engine that has been certified by the United
864	864	States Environmental Protection Agency or a state environmental
865	865	agency to emit not more than 30 grams of nitrogen oxides emissions
866	866	per hour when idling [when idling is necessary to power a heater or
867	867	air conditioner while a driver is using the vehicle's sleeper berth
868	868	for a government-mandated rest period. Idling is not necessary to
869	869	power a heater or air conditioner if the vehicle is within two miles
870	870	of a facility offering external heating and air conditioning
871	871	connections at a time when those connections are available].
872	872	(d) This section expires November 1, 2010 [September 1,
873	873	2009].
874	874	ARTICLE 8. MAXIMUM WEIGHT FOR VEHICLES WITH IDLE REDUCTION SYSTEMS
875	875	SECTION 8.01. Section 621.001, Transportation Code, is
876	876	amended by adding Subdivision (4-a) to read as follows:
877	877	(4-a) "Idle reduction system" means a system that
878	878	provides heating, cooling, or electrical service to a commercial
879	879	vehicle's sleeper berth for the purpose of reducing the idling of a
880	880	motor vehicle.
881	881	SECTION 8.02. Section 621.101, Transportation Code, is
882	882	amended by adding Subsections (d), (e), and (f) to read as follows:
883	883	(d) Notwithstanding any provision to the contrary, the
884	884	maximum gross vehicle weight limit, bridge formula limit, and axle
885	885	weight limit for any vehicle or combination of vehicles equipped
886	886	with an idle reduction system shall be increased by an amount
887	887	necessary to compensate for the additional weight of the idle
888	888	reduction system as provided by 23 U.S.C. Section 127.
889	889	(e) The weight increase under Subsection (d) may not be
890	890	greater than 400 pounds.
891	891	(f) On request by an appropriate law enforcement officer or
892	892	an official of an appropriate regulatory agency, the vehicle
893	893	operator shall provide proof that:
894	894	(1) the idle reduction system is fully functional at
895	895	all times; and
896	896	(2) the weight increase is not used for any purpose
897	897	other than the use of an idle reduction system.
898	898	ARTICLE 9. HOUSING PARTNERSHIP PROGRAM REBATES
899	899	SECTION 9.01. Sections 2305.036(b) and (e), Government
900	900	Code, are amended to read as follows:
901	901	(b) The energy office shall promote the efficient use of
902	902	energy in Texas residential housing through grants, partnerships,
903	903	rebates, and loans.
904	904	(e) Nonprofit organizations, community action agencies,
905	905	local governments, regional government councils, universities,
906	906	utility companies, public housing authorities, community-based
907	907	organizations, social service agencies, state agencies, and other
908	908	service-related organizations may serve as leads in establishing
909	909	partnerships with the agency.
910	910	ARTICLE 10. DEVELOPMENT OF FEDERAL GREENHOUSE GAS REPORTING RULE
911	911	SECTION 10.01. Chapter 382, Health and Safety Code, is
912	912	amended by adding Subchapter J to read as follows:
913	913	SUBCHAPTER J. FEDERAL GREENHOUSE GAS REGULATION
914	914	Sec. 382.501. DEVELOPMENT AND IMPLEMENTATION OF FEDERAL
915	915	GREENHOUSE GAS REPORTING RULE. (a) The commission and the Railroad
916	916	Commission of Texas, the Department of Agriculture, and the Public
917	917	Utility Commission of Texas shall jointly participate in the
918	918	federal government process for developing federal greenhouse gas
919	919	reporting requirements and the federal greenhouse gas registry
920	920	requirements.
921	921	(b) The commission shall adopt rules as necessary to comply
922	922	with any federal greenhouse gas reporting requirements adopted by
923	923	the federal government for private and public facilities eligible
924	924	to participate in the federal greenhouse gas registry. In adopting
925	925	the rules, the commission shall adopt and incorporate by reference
926	926	rules implementing the federal reporting requirements and the
927	927	federal registry.
928	928	Sec. 382.502. VOLUNTARY ACTIONS REGISTRY. The commission
929	929	shall:
930	930	(1) establish a registry of voluntary actions taken by
931	931	businesses in this state or state agencies since September 1, 2001,
932	932	to reduce carbon dioxide emissions; and
933	933	(2) work with the United States Environmental
934	934	Protection Agency to give credit for early action under any federal
935	935	rules that may be adopted for federal greenhouse gas regulation.
936	936	ARTICLE 11. EMISSIONS INFORMATION
937	937	SECTION 11.01. (a) Section 382.014, Health and Safety
938	938	Code, is amended to read as follows:
939	939	Sec. 382.014. EMISSION INVENTORY AND ELECTRONIC EMISSIONS
940	940	DATABASE. (a) The commission may require a person whose activities
941	941	cause emissions of air contaminants to submit information to enable
942	942	the commission to develop an inventory of emissions of air
943	943	contaminants in this state.
944	944	(b) The commission shall compile into an existing online
945	945	database emission inventory information concerning permitted
946	946	allowable emissions for major point sources and other point sources
947	947	that submit an annual emissions inventory or meet one or more of the
948	948	requirements for submitting an annual emissions inventory. The
949	949	information must be searchable by permit number.
950	950	(c) The commission shall:
951	951	(1) assess annually the emissions information
952	952	compiled under this section; and
953	953	(2) submit to the governor, lieutenant governor, and
954	954	speaker of the house of representatives a report of the information
955	955	compiled under this section not later than December 31 of each year.
956	956	(b) The Texas Commission on Environmental Quality shall
957	957	begin compiling emission inventory information in the electronic
958	958	database as required under Section 382.014, Health and Safety Code,
959	959	as amended by this article, not later than December 31, 2011.
960	960	(c) The Texas Commission on Environmental Quality shall
961	961	submit the initial report required by Section 382.014(c), Health
962	962	and Safety Code, as added by this article, not later than December
963	963	31, 2011.
964	964	SECTION 11.02. Section 382.016, Health and Safety Code, is
965	965	amended by adding Subsections (c), (d), and (e) to read as follows:
966	966	(c) If the United States Environmental Protection Agency
967	967	adopts a maximum achievable control technology standard for the
968	968	control of mercury emissions from coal-fired electric generating
969	969	facilities, not later than 18 months after the adoption of the
970	970	standard the owner or operator of a bituminous, subbituminous, or
971	971	lignite coal-fired electric generating facility operating on the
972	972	date the standard is adopted shall install and operate a continuous
973	973	emission monitor to measure and record the concentration of mercury
974	974	in the exhaust gases from each stack at the facility unless another
975	975	means of measuring and recording the concentration of mercury is
976	976	prescribed by federal rules.
977	977	(d) If the measurement and monitoring of mercury is required
978	978	under Subsection (a), the owner or operator of a coal-fired
979	979	electric generating facility quarterly shall report to the
980	980	commission and make available to the public information related to
981	981	mercury emissions from the facility.
982	982	(e) Subsection (a) does not limit the authority of the
983	983	commission to otherwise require mercury emissions monitoring at
984	984	electric generating facilities.
985	985	ARTICLE 12. NO APPROPRIATION; EFFECTIVE DATE
986	986	SECTION 12.01. This Act does not make an appropriation. A
987	987	provision in this Act that creates a new governmental program,
988	988	creates a new entitlement, or imposes a new duty on a governmental
989	989	entity is not mandatory during a fiscal period for which the
990	990	legislature has not made a specific appropriation to implement the
991	991	provision.
992	992	SECTION 12.02. Except as otherwise provided by this Act,
993	993	this Act takes effect September 1, 2009.