Texas 2015 - 84th Regular

Texas House Bill HB3069 Compare Versions

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

Old	New	Differences
1	1	84R10096 JXC-D
2	2	By: Rodriguez of Travis H.B. No. 3069
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the authority and obligations of the Texas Commission
8	8	on Environmental Quality and the Public Utility Commission of Texas
9	9	to comply with and implement a Clean Power Plan.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter B, Chapter 382, Health and Safety
12	12	Code, is amended by adding Section 382.0174 to read as follows:
13	13	Sec. 382.0174. COMMISSION AND UTILITY COMMISSION AUTHORITY
14	14	AND OBLIGATIONS UNDER CERTAIN FEDERAL REQUIREMENTS. (a) In this
15	15	section:
16	16	(1) "Clean Power Plan" means a final rulemaking action
17	17	of the United States Environmental Protection Agency that
18	18	establishes carbon pollution guidelines for existing electric
19	19	utility generating units under Section 111(d) of the federal Clean
20	20	Air Act (42 U.S.C. Section 7411(d)).
21	21	(2) "Utility commission" means the Public Utility
22	22	Commission of Texas.
23	23	(b) The commission is the primary authority responsible for
24	24	ensuring that this state complies with and implements a Clean Power
25	25	Plan. The commission shall, as necessary, submit to the United
26	26	State Environmental Protection Agency a state plan or a federal
27	27	plan implemented under 42 U.S.C. Section 7411(d) that the
28	28	commission has accepted.
29	29	(c) Notwithstanding any other law, the commission and the
30	30	utility commission:
31	31	(1) have the authority necessary to comply with and
32	32	implement a Clean Power Plan;
33	33	(2) shall take measures necessary to comply with or
34	34	implement a Clean Power Plan, including adopting, amending, or
35	35	repealing rules, collaborating to update or adopt a state plan, or
36	36	considering possible acceptance of a federal plan implemented under
37	37	42 U.S.C. Section 7411(d);
38	38	(3) may collaborate with the Railroad Commission of
39	39	Texas, the State Energy Conservation Office, and other state
40	40	agencies to develop and implement a state plan; and
41	41	(4) if a Clean Power Plan is established and later
42	42	expires or is repealed or invalidated, shall adopt, amend, or
43	43	repeal rules adopted under Subdivision (2) as necessary to comply
44	44	with or implement 42 U.S.C. Section 7411(d).
45	45	(d) The commission and the utility commission shall develop
46	46	and adopt a memorandum of understanding as necessary to clarify or
47	47	provide for their respective duties, responsibilities, or
48	48	functions on any matter under the jurisdiction of the commission or
49	49	utility commission that relates to a Clean Power Plan and is not
50	50	expressly assigned to either the commission or utility commission.
51	51	(e) On behalf of this state, the governor may execute a
52	52	compact with another state to comply with and implement a Clean
53	53	Power Plan.
54	54	SECTION 2. This Act takes effect immediately if it receives
55	55	a vote of two-thirds of all the members elected to each house, as
56	56	provided by Section 39, Article III, Texas Constitution. If this
57	57	Act does not receive the vote necessary for immediate effect, this
58	58	Act takes effect September 1, 2015.