| 1 | 1 | | 84R10096 JXC-D |
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| 2 | 2 | | By: Hinojosa S.B. No. 1954 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the authority and obligations of the Texas Commission |
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| 8 | 8 | | on Environmental Quality and the Public Utility Commission of Texas |
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| 9 | 9 | | to comply with and implement a Clean Power Plan. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter B, Chapter 382, Health and Safety |
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| 12 | 12 | | Code, is amended by adding Section 382.0174 to read as follows: |
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| 13 | 13 | | Sec. 382.0174. COMMISSION AND UTILITY COMMISSION AUTHORITY |
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| 14 | 14 | | AND OBLIGATIONS UNDER CERTAIN FEDERAL REQUIREMENTS. (a) In this |
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| 15 | 15 | | section: |
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| 16 | 16 | | (1) "Clean Power Plan" means a final rulemaking action |
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| 17 | 17 | | of the United States Environmental Protection Agency that |
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| 18 | 18 | | establishes carbon pollution guidelines for existing electric |
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| 19 | 19 | | utility generating units under Section 111(d) of the federal Clean |
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| 20 | 20 | | Air Act (42 U.S.C. Section 7411(d)). |
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| 21 | 21 | | (2) "Utility commission" means the Public Utility |
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| 22 | 22 | | Commission of Texas. |
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| 23 | 23 | | (b) The commission is the primary authority responsible for |
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| 24 | 24 | | ensuring that this state complies with and implements a Clean Power |
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| 25 | 25 | | Plan. The commission shall, as necessary, submit to the United |
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| 26 | 26 | | State Environmental Protection Agency a state plan or a federal |
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| 27 | 27 | | plan implemented under 42 U.S.C. Section 7411(d) that the |
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| 28 | 28 | | commission has accepted. |
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| 29 | 29 | | (c) Notwithstanding any other law, the commission and the |
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| 30 | 30 | | utility commission: |
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| 31 | 31 | | (1) have the authority necessary to comply with and |
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| 32 | 32 | | implement a Clean Power Plan; |
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| 33 | 33 | | (2) shall take measures necessary to comply with or |
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| 34 | 34 | | implement a Clean Power Plan, including adopting, amending, or |
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| 35 | 35 | | repealing rules, collaborating to update or adopt a state plan, or |
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| 36 | 36 | | considering possible acceptance of a federal plan implemented under |
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| 37 | 37 | | 42 U.S.C. Section 7411(d); |
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| 38 | 38 | | (3) may collaborate with the Railroad Commission of |
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| 39 | 39 | | Texas, the State Energy Conservation Office, and other state |
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| 40 | 40 | | agencies to develop and implement a state plan; and |
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| 41 | 41 | | (4) if a Clean Power Plan is established and later |
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| 42 | 42 | | expires or is repealed or invalidated, shall adopt, amend, or |
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| 43 | 43 | | repeal rules adopted under Subdivision (2) as necessary to comply |
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| 44 | 44 | | with or implement 42 U.S.C. Section 7411(d). |
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| 45 | 45 | | (d) The commission and the utility commission shall develop |
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| 46 | 46 | | and adopt a memorandum of understanding as necessary to clarify or |
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| 47 | 47 | | provide for their respective duties, responsibilities, or |
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| 48 | 48 | | functions on any matter under the jurisdiction of the commission or |
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| 49 | 49 | | utility commission that relates to a Clean Power Plan and is not |
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| 50 | 50 | | expressly assigned to either the commission or utility commission. |
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| 51 | 51 | | (e) On behalf of this state, the governor may execute a |
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| 52 | 52 | | compact with another state to comply with and implement a Clean |
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| 53 | 53 | | Power Plan. |
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| 54 | 54 | | SECTION 2. This Act takes effect immediately if it receives |
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| 55 | 55 | | a vote of two-thirds of all the members elected to each house, as |
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| 56 | 56 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 57 | 57 | | Act does not receive the vote necessary for immediate effect, this |
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| 58 | 58 | | Act takes effect September 1, 2015. |
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