84R12369 JXC-F
By: Anchia H.B. No. 2080
A BILL TO BE ENTITLED
AN ACT
relating to the creation and implementation of a greenhouse gas
emissions reduction plan.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter J, Chapter 382, Health
and Safety Code, is amended to read as follows:
SUBCHAPTER J. [FEDERAL] GREENHOUSE GAS REPORTING [RULE]
SECTION 2. Subchapter J, Chapter 382, Health and Safety
Code, is amended by adding Section 382.4515 to read as follows:
Sec. 382.4515. STATE GREENHOUSE GAS REPORTING. The
commission by rule shall adopt greenhouse gas reporting
requirements as necessary to implement the greenhouse gas emissions
reduction plan developed under Subchapter L. The commission is not
required to adopt reporting requirements in addition to federal
reporting requirements if federal reporting requirements provide
the commission with sufficient information to implement Subchapter
L.
SECTION 3. Chapter 382, Health and Safety Code, is amended
by adding Subchapter L to read as follows:
SUBCHAPTER L. GREENHOUSE GAS EMISSIONS REDUCTIONS
Sec. 382.551. DEFINITIONS. In this subchapter:
(1) "Clean Power Plan" means a final rulemaking action
of the United States Environmental Protection Agency that
establishes carbon pollution guidelines for existing electric
utility generating units under Section 111(d) of the federal Clean
Air Act (42 U.S.C. Section 7411).
(2) "Utility commission" means the Public Utility
Commission of Texas.
Sec. 382.552. EMISSIONS REDUCTION REQUIREMENT AND PLAN.
(a) It is the intent of the legislature that greenhouse gas
emissions in this state:
(1) comply with statewide greenhouse gas emissions
limits established by the Environmental Protection Agency,
including limits in a Clean Power Plan; and
(2) beginning in 2030, do not exceed 2005 emissions
levels.
(b) If a statewide greenhouse gas emissions limit
established by the Environmental Protection Agency requires that
this state reduce emissions below the level stated in Subsection
(a)(2), it is the intent of the legislature that this state meet the
federally established limit.
(c) The commission shall prepare a plan to meet the
emissions reduction requirements described by this section. The
plan must:
(1) identify the greenhouse gases that are subject to
the plan, one of which must be carbon dioxide;
(2) identify emissions reduction measures;
(3) evaluate the total potential costs of implementing
the emissions reduction measures to the economy, environment, and
public health in this state;
(4) evaluate the total potential economic and
noneconomic effects of implementing the emissions reduction
measures on the economy, environment, and public health in this
state; and
(5) evaluate the costs to this state of implementing
the emissions reduction measures relative to the costs to this
state of implementing only federal greenhouse gas emissions
reduction requirements.
(d) The commission, before the end of each successive
five-year period after the date the first plan is complete, shall
receive public comments on, review, and update the plan.
(e) The commission shall submit the plan and each updated
version of the plan to the legislature.
Sec. 382.553. EMISSIONS REDUCTION MEASURES. (a) The
commission shall design emissions reduction measures in the plan
developed under this subchapter so that the plan:
(1) achieves the maximum technologically feasible and
cost-effective emissions reductions;
(2) minimizes costs and maximizes benefits for the
economy of this state;
(3) improves and modernizes energy infrastructure and
maintains electric system reliability;
(4) maximizes the use of measures that produce both
environmental and economic benefits; and
(5) complements this state's efforts to improve air
quality.
(b) The commission shall ensure that each emissions
reduction measure:
(1) results in net savings for consumers or businesses
in this state;
(2) can be achieved without financial cost to
consumers or businesses in this state; or
(3) helps businesses in this state maintain global
competitiveness.
(c) In designing the emissions reduction measures, the
commission shall consider the strategies in the report prepared
under Section 403.028, Government Code.
Sec. 382.554. RULES. The commission shall adopt rules to
implement the plan developed under this subchapter.
Sec. 382.555. COLLABORATION. In designing emissions
reduction measures and implementing the plan developed under this
subchapter, the commission shall:
(1) collaborate with state agencies, including the
Department of Agriculture, the General Land Office, the Railroad
Commission of Texas, and the utility commission; and
(2) consult with the environmental justice community,
industry sectors, business groups, academic institutions,
environmental organizations, and other stakeholders.
Sec. 382.556. UTILITY COMMISSION; CLEAN POWER PLAN.
(a) The commission shall consult with the utility commission in
designing emissions reduction measures and implementing the plan
developed under this subchapter to ensure that:
(1) electricity and natural gas providers in this
state are not required to meet duplicative or inconsistent
regulatory requirements; and
(2) emissions reduction measures are consistent with
competitive electricity market structures and the policies of the
Electric Reliability Council of Texas.
(b) Notwithstanding any other law, the commission and the
utility commission:
(1) have the authority necessary to comply with and
implement a Clean Power Plan; and
(2) shall take measures necessary to comply with and
implement a Clean Power Plan.
(c) The commission and the utility commission shall develop
and adopt a memorandum of understanding as necessary to clarify or
provide for their respective duties, responsibilities, or
functions on any matter under the jurisdiction of the commission or
utility commission that relates to a Clean Power Plan and is not
expressly assigned to either the commission or utility commission.
Sec. 382.557. FUNDING AND SAVINGS. (a) Revenue from the
state gas severance taxes imposed under Chapter 201, Tax Code, and
state oil severance taxes imposed under Chapter 202, Tax Code, may
be appropriated to the commission and the utility commission to:
(1) cover costs of implementing the plan developed
under this subchapter that are not covered by revenues from permit
fees and penalties; and
(2) provide funding for projects that will provide
long-term reductions in greenhouse gas emissions.
(b) To the extent that compliance with the plan increases
general revenue or decreases state expenditures, it is the intent
of the legislature that the resulting increased or excess revenue
be used to:
(1) defray electric infrastructure costs;
(2) reduce property taxes;
(3) increase education funding; or
(4) provide funding for:
(A) hurricane preparedness;
(B) coastal reclamation;
(C) protection from sea level rise;
(D) strengthening Texas gulf coast oil and gas
infrastructure; or
(E) drought relief.
SECTION 4. As soon as practicable after the effective date
of this Act, the Texas Commission on Environmental Quality shall
prepare the plan required by, and adopt rules as necessary to
implement, Subchapter L, Chapter 382, Health and Safety Code, as
added by this Act.
SECTION 5. This Act takes effect September 1, 2015.