2009S0478-1 02/24/09
By: Estes S.B. No. 1666
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of the Bioenergy Policy Council and
the Bioenergy Research Committee to encourage the development of
cellulosic biofuels in the state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 3, Agriculture Code, is amended by adding
Chapter 50D to read as follows:
CHAPTER 50D. BIOENERGY POLICY COUNCIL; RESEARCH COMMITTEE
Sec. 50D.001. PURPOSE. The purpose of this chapter is to
make cellulosic biofuels a significant part of the energy industry
by 2019.
Sec. 50D.002. DEFINITIONS. In this chapter:
(1) "Policy council" means the Bioenergy Policy
Council.
(2) "Research committee" means the Bioenergy Research
Committee.
Sec. 50D.003. BIOENERGY POLICY COUNCIL. (a) The Bioenergy
Policy Council is composed of the following 16 members:
(1) the commissioner, who serves as the chair;
(2) one member of the Railroad Commission of Texas;
(3) one member of the Texas Commission on
Environmental Quality;
(4) one member of the Public Utility Commission of
Texas;
(5) the chair of the Texas Water Development Board;
(6) the chancellor of The Texas A&M University System,
or the chancellor's designee;
(7) the chancellor of the Texas Tech University
System, or the chancellor's designee;
(8) the chancellor of The University of Texas System,
or the chancellor's designee;
(9) one member of the senate appointed by the
lieutenant governor;
(10) one member of the house of representatives
appointed by the speaker of the house of representatives; and
(11) six members appointed by the governor, with each
of the following industries or groups of industries represented by
one member:
(A) feedstock development and production, such
as a seed company or an algae grower;
(B) energy distribution, such as an electricity
delivery company or a distributor of gasoline and diesel fuel;
(C) biomass transportation, such as a pipeline
company, railroad, or seaborne shipper;
(D) farming and feedstock production, such as a
producer of grain, sugar, livestock waste, or agricultural waste or
a nontraditional-crop farmer;
(E) biofuel production; and
(F) biofuels-based and bio-based electricity
generation.
(b) Appointed members of the policy council serve two-year
terms.
Sec. 50D.004. DUTIES OF THE POLICY COUNCIL. (a) The
policy council shall:
(1) provide a vision for unifying the state's
agricultural, energy, and research strengths in a successful launch
of a cellulosic biofuel industry;
(2) foster development of cellulosic-based fuels and
build on the Texas emerging technology fund's investments in
leading-edge cellulosic energy research and efforts to
commercialize production of algae-based biodiesel;
(3) pursue the creation of a fourth energy biofuels
research program at a university in the state and work to draw
federal funding that will aid the state in becoming a bioenergy
leader; and
(4) perform other advisory duties as requested by the
commissioner regarding the responsible development of bioenergy
resources in the state.
(b) The policy council shall meet regularly as necessary at
the call of the commissioner.
Sec. 50D.005. REIMBURSEMENT; ADMINISTRATIVE SUPPORT.
(a) A member of the policy council may not receive compensation
for service on the council but is entitled to reimbursement of the
actual and necessary expenses incurred while conducting the
business of the council, as provided by the General Appropriations
Act.
(b) The department shall provide administrative support,
including staff, to the policy council. The commissioner may
allocate administrative support to the research committee as
appropriate.
Sec. 50D.006. BIOENERGY RESEARCH COMMITTEE. (a) The
Bioenergy Research Committee is composed of the following 16
members:
(1) the commissioner, who serves as the chair;
(2) one member of the Railroad Commission of Texas;
(3) one member of the Texas Commission on
Environmental Quality;
(4) one member of the Public Utility Commission of
Texas;
(5) the chair of the Texas Water Development Board;
(6) one researcher or specialist in the bioenergy
field from the following university systems, each appointed by the
chancellor of that system:
(A) The Texas A&M University System;
(B) Texas Tech University System; and
(C) The University of Texas System;
(7) one representative of the Texas Agricultural
Finance Authority appointed by the commissioner, to serve as a
nonvoting member;
(8) one representative of the Texas emerging
technology fund appointed by the governor, to serve as a nonvoting
member; and
(9) six members appointed by the governor, with each
of the following industries or groups of industries represented by
one member:
(A) feedstock development and production, such
as a seed company or an algae grower;
(B) energy distribution, such as an electricity
delivery company or a distributor of gasoline and diesel fuel;
(C) biomass transportation, such as a pipeline
company, railroad, or seaborne shipper;
(D) farming and feedstock production, such as a
producer of grain, sugar, livestock waste, or agricultural waste or
a nontraditional-crop farmer;
(E) biofuel production; and
(F) biofuels-based and bio-based electricity
generation.
(b) Appointed members of the research committee serve
two-year terms.
Sec. 50D.007. PURPOSES AND DUTIES OF THE RESEARCH
COMMITTEE. (a) The research committee is a research consortium
with academic research leadership and active involvement by all
sectors of the economy interested in biofuel development.
(b) The research committee shall:
(1) identify and research desirable biomass
feedstock, which may vary by geographic region and may range from
trees and forestry residues to perennial grasses, bioenergy forage
sorghum, sugarcane, and algae;
(2) investigate logistical challenges to the
planting, harvesting, and transporting of large volumes of biomass
and provide recommendations to the policy council that will aid in
overcoming barriers to the transporting, distributing, and
marketing of biofuel;
(3) provide a roadmap for the potential transition of
the agriculture industry in western regions to dryland bioenergy
crops that are not dependent on groundwater resources;
(4) explore regions in the state, including coastal
areas, that may have marginal land available for growing bioenergy
feedstocks; and
(5) perform other research duties as requested by the
commissioner regarding the responsible development of bioenergy
resources in the state.
(c) The research committee shall meet at the call of the
commissioner.
Sec. 50D.008. REIMBURSEMENT. A member of the research
committee may not receive compensation for service on the committee
but is entitled to reimbursement of the actual and necessary
expenses incurred while conducting the business of the committee,
as provided by the General Appropriations Act.
SECTION 2. (a) Appointments to the Bioenergy Policy
Council and the Bioenergy Research Committee under Chapter 50D,
Agriculture Code, as added by this Act, shall be made as soon as
practicable after the effective date of this Act.
(b) The Bioenergy Policy Council shall meet not later than
the 30th day after the date of the initial appointments made to the
council under Section 50D.003, Agriculture Code, as added by this
Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.