Texas 2019 - 86th Regular

Texas House Bill HB4599 Compare Versions

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1	1	By: Blanco H.B. No. 4599
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the establishment and implementation by the Texas
7	7	Commission on Environmental Quality of a program to reduce the
8	8	emissions of greenhouse gases in this state; authorizing a fee.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle C, Title 5, Health and Safety Code, is
11	11	amended by adding Chapter 396 to read as follows:
12	12	CHAPTER 396. GREENHOUSE GAS EMISSIONS REDUCTION PROGRAM
13	13	Sec. 396.0101. DEFINITIONS. In this chapter:
14	14	(1) "Carbon dioxide equivalent emissions" means the
15	15	number of metric tons of emissions of carbon dioxide that has the
16	16	same global warming potential as one metric ton of a compared
17	17	greenhouse gas.
18	18	(2) "Commission" means the Texas Commission on
19	19	Environmental Quality.
20	20	(3) "Covered entity" means:
21	21	(A) an entity permitted under Section 382.05102
22	22	in a manner consistent with Section 382.051; and
23	23	(B) an entity or class of entities that, as
24	24	determined by the commission, is transporting, selling, or
25	25	otherwise using a covered fuel in a manner that emits a greenhouse
26	26	gas into the atmosphere.
27	27	(4) "Covered fuel" means crude oil, natural gas, coal,
28	28	or another product derived from crude oil, natural gas, biofuel or
29	29	coal that is used in a manner that emits greenhouse gases into the
30	30	atmosphere.
31	31	(5) "Greenhouse gas" includes carbon dioxide,
32	32	methane, nitrous oxide, sulfur hexafluoride, hydrofluorocarbons,
33	33	and perfluorocarbons.
34	34	Sec. 396.0102. GREENHOUSE GAS EMISSIONS REDUCTION PROGRAM;
35	35	FEE. The commission by rule shall establish a program that:
36	36	(1) reduces emissions of greenhouse gases in this
37	37	state;
38	38	(2) imposes a fee on emissions resulting from the use
39	39	or transfer of a covered fuel by a covered entity; and
40	40	(3) issues payments for facilities that capture and
41	41	sequester carbon dioxide.
42	42	Sec. 396.0103. FEE AMOUNT AND RATE. (a) The commission
43	43	shall impose a fee on the emission of a greenhouse gas in this state
44	44	for each metric ton of carbon dioxide equivalent emissions of the
45	45	greenhouse gas multiplied by the fee rate.
46	46	(b) The commission by rule shall establish a fee rate of not
47	47	less than $5.
48	48	Sec. 396.0104. DISPOSITION OF FEE. The commission shall
49	49	deposit to the credit of the emissions fee account the fees
50	50	collected under this chapter.
51	51	Sec. 396.0105. EMISSIONS FEE ACCOUNT. (a) The emissions
52	52	fee account is an account in the general revenue fund.
53	53	(b) The account is administered by the commission for the
54	54	benefit of the program established under this chapter. Interest
55	55	earned on the account is credited to the account.
56	56	(c) The account consists of fees deposited to the credit of
57	57	the account under Section 396.0104 and any other money appropriated
58	58	or transferred to the account.
59	59	(d) Money in the account may be used only for:
60	60	(1) payments made under Section 396.0107;
61	61	(2) administration of the program established under
62	62	this chapter; or
63	63	(3) other programs to reduce the emissions of
64	64	greenhouse gases in this state.
65	65	Sec. 396.0106. FEE EXEMPTIONS. The commission:
66	66	(1) shall exempt agricultural uses of covered fuel
67	67	from payment of the fee imposed under Section 396.0103; and
68	68	(2) may establish other appropriate exemptions under
69	69	the program.
70	70	Sec. 396.0107. SEQUESTRATION PAYMENTS. (a) The commission
71	71	shall pay to a facility that captures and sequesters carbon dioxide
72	72	an amount equal to the metric tons of carbon dioxide captured and
73	73	sequestered multiplied by the rate established under Section
74	74	396.0103(b).
75	75	Sec. 396.0108. EMISSIONS REDUCTION SCHEDULE. The
76	76	commission shall establish a schedule for annual reductions of
77	77	emissions of greenhouse gases.
78	78	Sec. 396.0109. TERMINATION OF FEE. The commission may not
79	79	collect a fee under Section 396.0103 or make a payment under Section
80	80	396.0107 if the executive director of the commission determines
81	81	that the actual emissions of greenhouse gases from covered fuels is
82	82	not more than 10 percent of the emissions of greenhouse gases from
83	83	covered fuels during the year 2016.
84	84	SECTION 2. This Act takes effect September 1, 2019.