84R10096 JXC-D
By: Hinojosa S.B. No. 1954
A BILL TO BE ENTITLED
AN ACT
relating to the authority and obligations of the Texas Commission
on Environmental Quality and the Public Utility Commission of Texas
to comply with and implement a Clean Power Plan.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 382, Health and Safety
Code, is amended by adding Section 382.0174 to read as follows:
Sec. 382.0174. COMMISSION AND UTILITY COMMISSION AUTHORITY
AND OBLIGATIONS UNDER CERTAIN FEDERAL REQUIREMENTS. (a) In this
section:
(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(d)).
(2) "Utility commission" means the Public Utility
Commission of Texas.
(b) The commission is the primary authority responsible for
ensuring that this state complies with and implements a Clean Power
Plan. The commission shall, as necessary, submit to the United
State Environmental Protection Agency a state plan or a federal
plan implemented under 42 U.S.C. Section 7411(d) that the
commission has accepted.
(c) Notwithstanding any other law, the commission and the
utility commission:
(1) have the authority necessary to comply with and
implement a Clean Power Plan;
(2) shall take measures necessary to comply with or
implement a Clean Power Plan, including adopting, amending, or
repealing rules, collaborating to update or adopt a state plan, or
considering possible acceptance of a federal plan implemented under
42 U.S.C. Section 7411(d);
(3) may collaborate with the Railroad Commission of
Texas, the State Energy Conservation Office, and other state
agencies to develop and implement a state plan; and
(4) if a Clean Power Plan is established and later
expires or is repealed or invalidated, shall adopt, amend, or
repeal rules adopted under Subdivision (2) as necessary to comply
with or implement 42 U.S.C. Section 7411(d).
(d) 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.
(e) On behalf of this state, the governor may execute a
compact with another state to comply with and implement a Clean
Power Plan.
SECTION 2. 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, 2015.