Texas 2009 - 81st Regular

Texas Senate Bill SB1668 Compare Versions

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Old	New	Differences
1	1	By: Nichols, Eltife, Williams S.B. No. 1668
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to application requirements and performance standards for
7	7	agricultural biomass and landfill diversion incentive grants.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 22.001, Agriculture Code, is amended to
10	10	read as follows:
11	11	Sec. 22.001. POLICY AND PURPOSE. It is the policy of this
12	12	state and the purpose of this chapter to reduce air pollution,
13	13	improve air quality, protect public health, help this state
14	14	diversify its energy supply, and divert waste from landfills
15	15	through new price-support incentives to encourage the generation of
16	16	[construction of facilities to generate] electric energy with
17	17	certain types of agricultural residues, forest wood waste, urban
18	18	wood waste, storm-generated biomass debris, and energy-dedicated
19	19	crops.
20	20	SECTION 2. Section 22.003, Agriculture Code, is amended by
21	21	amending Subsection (b) and adding Subsection (b-1) to read as
22	22	follows:
23	23	(b) Subject to Section 22.005, a farmer, logger, or diverter
24	24	is entitled to receive a grant in the amount of $20 for each
25	25	bone-dry ton of qualified agricultural biomass, forest wood waste,
26	26	urban wood waste, or storm-generated biomass debris provided by the
27	27	farmer, logger, or diverter in a form suitable for generating
28	28	electric energy to a facility that:
29	29	(1) is located in this state;
30	30	(2) [was placed in service after August 31, 2009;
31	31	[(3)] generates electric energy for its own use or for
32	32	sale [sold] to a third party by using qualified agricultural
33	33	biomass, forest wood waste, urban wood waste, or storm-generated
34	34	biomass debris;
35	35	(3) [(4)] uses the best available emissions control
36	36	technology, considering the technical practicability and economic
37	37	reasonableness of reducing or eliminating the air contaminant
38	38	emissions resulting from the facility;
39	39	(4) [(5)] maintains its emissions control equipment
40	40	in good working order; and
41	41	(5) [(6)] is in compliance with its operating permit
42	42	issued by the Texas Commission on Environmental Quality under
43	43	Chapter 382, Health and Safety Code.
44	44	(b-1) Consistent with Subsection (d), the commissioner by
45	45	rule shall establish:
46	46	(1) requirements an applicant must comply with to be
47	47	eligible for a grant under this chapter;
48	48	(2) performance standards that must be met by a
49	49	recipient of a grant under this chapter;
50	50	(3) audit procedures that ensure that the recipient of
51	51	a grant meets the performance standards established by this
52	52	section; and
53	53	(4) procedures for recovering grant funds from a
54	54	recipient who fails to meet the requirements or standards
55	55	established by the commissioner for the grant.
56	56	SECTION 3. The Texas Department of Agriculture shall adopt
57	57	rules consistent with Section 22.003, Agriculture Code, as amended
58	58	by this Act, not later than December 1, 2009.
59	59	SECTION 4. This Act takes effect September 1, 2009.