Texas 2015 - 84th Regular

Texas House Bill HB2080 Compare Versions

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

Old	New	Differences
1	1	84R12369 JXC-F
2	2	By: Anchia H.B. No. 2080
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation and implementation of a greenhouse gas
8	8	emissions reduction plan.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Subchapter J, Chapter 382, Health
11	11	and Safety Code, is amended to read as follows:
12	12	SUBCHAPTER J. [FEDERAL] GREENHOUSE GAS REPORTING [RULE]
13	13	SECTION 2. Subchapter J, Chapter 382, Health and Safety
14	14	Code, is amended by adding Section 382.4515 to read as follows:
15	15	Sec. 382.4515. STATE GREENHOUSE GAS REPORTING. The
16	16	commission by rule shall adopt greenhouse gas reporting
17	17	requirements as necessary to implement the greenhouse gas emissions
18	18	reduction plan developed under Subchapter L. The commission is not
19	19	required to adopt reporting requirements in addition to federal
20	20	reporting requirements if federal reporting requirements provide
21	21	the commission with sufficient information to implement Subchapter
22	22	L.
23	23	SECTION 3. Chapter 382, Health and Safety Code, is amended
24	24	by adding Subchapter L to read as follows:
25	25	SUBCHAPTER L. GREENHOUSE GAS EMISSIONS REDUCTIONS
26	26	Sec. 382.551. DEFINITIONS. In this subchapter:
27	27	(1) "Clean Power Plan" means a final rulemaking action
28	28	of the United States Environmental Protection Agency that
29	29	establishes carbon pollution guidelines for existing electric
30	30	utility generating units under Section 111(d) of the federal Clean
31	31	Air Act (42 U.S.C. Section 7411).
32	32	(2) "Utility commission" means the Public Utility
33	33	Commission of Texas.
34	34	Sec. 382.552. EMISSIONS REDUCTION REQUIREMENT AND PLAN.
35	35	(a) It is the intent of the legislature that greenhouse gas
36	36	emissions in this state:
37	37	(1) comply with statewide greenhouse gas emissions
38	38	limits established by the Environmental Protection Agency,
39	39	including limits in a Clean Power Plan; and
40	40	(2) beginning in 2030, do not exceed 2005 emissions
41	41	levels.
42	42	(b) If a statewide greenhouse gas emissions limit
43	43	established by the Environmental Protection Agency requires that
44	44	this state reduce emissions below the level stated in Subsection
45	45	(a)(2), it is the intent of the legislature that this state meet the
46	46	federally established limit.
47	47	(c) The commission shall prepare a plan to meet the
48	48	emissions reduction requirements described by this section. The
49	49	plan must:
50	50	(1) identify the greenhouse gases that are subject to
51	51	the plan, one of which must be carbon dioxide;
52	52	(2) identify emissions reduction measures;
53	53	(3) evaluate the total potential costs of implementing
54	54	the emissions reduction measures to the economy, environment, and
55	55	public health in this state;
56	56	(4) evaluate the total potential economic and
57	57	noneconomic effects of implementing the emissions reduction
58	58	measures on the economy, environment, and public health in this
59	59	state; and
60	60	(5) evaluate the costs to this state of implementing
61	61	the emissions reduction measures relative to the costs to this
62	62	state of implementing only federal greenhouse gas emissions
63	63	reduction requirements.
64	64	(d) The commission, before the end of each successive
65	65	five-year period after the date the first plan is complete, shall
66	66	receive public comments on, review, and update the plan.
67	67	(e) The commission shall submit the plan and each updated
68	68	version of the plan to the legislature.
69	69	Sec. 382.553. EMISSIONS REDUCTION MEASURES. (a) The
70	70	commission shall design emissions reduction measures in the plan
71	71	developed under this subchapter so that the plan:
72	72	(1) achieves the maximum technologically feasible and
73	73	cost-effective emissions reductions;
74	74	(2) minimizes costs and maximizes benefits for the
75	75	economy of this state;
76	76	(3) improves and modernizes energy infrastructure and
77	77	maintains electric system reliability;
78	78	(4) maximizes the use of measures that produce both
79	79	environmental and economic benefits; and
80	80	(5) complements this state's efforts to improve air
81	81	quality.
82	82	(b) The commission shall ensure that each emissions
83	83	reduction measure:
84	84	(1) results in net savings for consumers or businesses
85	85	in this state;
86	86	(2) can be achieved without financial cost to
87	87	consumers or businesses in this state; or
88	88	(3) helps businesses in this state maintain global
89	89	competitiveness.
90	90	(c) In designing the emissions reduction measures, the
91	91	commission shall consider the strategies in the report prepared
92	92	under Section 403.028, Government Code.
93	93	Sec. 382.554. RULES. The commission shall adopt rules to
94	94	implement the plan developed under this subchapter.
95	95	Sec. 382.555. COLLABORATION. In designing emissions
96	96	reduction measures and implementing the plan developed under this
97	97	subchapter, the commission shall:
98	98	(1) collaborate with state agencies, including the
99	99	Department of Agriculture, the General Land Office, the Railroad
100	100	Commission of Texas, and the utility commission; and
101	101	(2) consult with the environmental justice community,
102	102	industry sectors, business groups, academic institutions,
103	103	environmental organizations, and other stakeholders.
104	104	Sec. 382.556. UTILITY COMMISSION; CLEAN POWER PLAN.
105	105	(a) The commission shall consult with the utility commission in
106	106	designing emissions reduction measures and implementing the plan
107	107	developed under this subchapter to ensure that:
108	108	(1) electricity and natural gas providers in this
109	109	state are not required to meet duplicative or inconsistent
110	110	regulatory requirements; and
111	111	(2) emissions reduction measures are consistent with
112	112	competitive electricity market structures and the policies of the
113	113	Electric Reliability Council of Texas.
114	114	(b) Notwithstanding any other law, the commission and the
115	115	utility commission:
116	116	(1) have the authority necessary to comply with and
117	117	implement a Clean Power Plan; and
118	118	(2) shall take measures necessary to comply with and
119	119	implement a Clean Power Plan.
120	120	(c) The commission and the utility commission shall develop
121	121	and adopt a memorandum of understanding as necessary to clarify or
122	122	provide for their respective duties, responsibilities, or
123	123	functions on any matter under the jurisdiction of the commission or
124	124	utility commission that relates to a Clean Power Plan and is not
125	125	expressly assigned to either the commission or utility commission.
126	126	Sec. 382.557. FUNDING AND SAVINGS. (a) Revenue from the
127	127	state gas severance taxes imposed under Chapter 201, Tax Code, and
128	128	state oil severance taxes imposed under Chapter 202, Tax Code, may
129	129	be appropriated to the commission and the utility commission to:
130	130	(1) cover costs of implementing the plan developed
131	131	under this subchapter that are not covered by revenues from permit
132	132	fees and penalties; and
133	133	(2) provide funding for projects that will provide
134	134	long-term reductions in greenhouse gas emissions.
135	135	(b) To the extent that compliance with the plan increases
136	136	general revenue or decreases state expenditures, it is the intent
137	137	of the legislature that the resulting increased or excess revenue
138	138	be used to:
139	139	(1) defray electric infrastructure costs;
140	140	(2) reduce property taxes;
141	141	(3) increase education funding; or
142	142	(4) provide funding for:
143	143	(A) hurricane preparedness;
144	144	(B) coastal reclamation;
145	145	(C) protection from sea level rise;
146	146	(D) strengthening Texas gulf coast oil and gas
147	147	infrastructure; or
148	148	(E) drought relief.
149	149	SECTION 4. As soon as practicable after the effective date
150	150	of this Act, the Texas Commission on Environmental Quality shall
151	151	prepare the plan required by, and adopt rules as necessary to
152	152	implement, Subchapter L, Chapter 382, Health and Safety Code, as
153	153	added by this Act.
154	154	SECTION 5. This Act takes effect September 1, 2015.