Texas 2019 - 86th Regular

Texas House Bill HB928 Compare Versions

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

Old	New	Differences
1	1	86R5483 TSR-D
2	2	By: Anchia H.B. No. 928
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to establishing the Texas Climate Change Mitigation and
8	8	Adaptation Commission to study and address the impacts of climate
9	9	change in this state.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. (a) This Act shall be known as the Texas Climate
12	12	Change Mitigation and Adaptation Act.
13	13	(b) The legislature finds that:
14	14	(1) climate change is real and is the overriding
15	15	challenge of the 21st century;
16	16	(2) climate change poses immediate and long-term
17	17	threats to this state's economy, sustainability, security, and way
18	18	of life;
19	19	(3) countless scientific studies have concluded that
20	20	greenhouse gas emissions are a leading contributing factor to
21	21	global warming; and
22	22	(4) addressing climate change requires a two-pronged
23	23	approach that includes:
24	24	(A) the reduction of activities that contribute
25	25	to global warming; and
26	26	(B) adaptations to mitigate the impacts of
27	27	climate change on this state.
28	28	(c) The legislature further finds that:
29	29	(1) on December 12, 2015, 195 countries at the 21st
30	30	Conference of the Parties to the United Nations Framework
31	31	Convention on Climate Change adopted an agreement addressing
32	32	greenhouse gas emissions mitigation, adaptation, and finance to
33	33	begin in the year 2020, known as the Paris Agreement. The Paris
34	34	Agreement entered into force on November 4, 2016, and is the largest
35	35	concerted global effort to combat climate change to date. The
36	36	agreement will be implemented to reflect equity and the principle
37	37	of common but differentiated responsibilities and respective
38	38	capabilities, in light of different national circumstances. Under
39	39	the agreement, the parties will:
40	40	(A) set greenhouse gas emissions reduction
41	41	goals;
42	42	(B) record and communicate information through a
43	43	transparency framework; and
44	44	(C) provide support to undeveloped countries
45	45	through a finance mechanism; and
46	46	(2) the Paris Agreement aims to strengthen the global
47	47	response to the threat of climate change in the context of
48	48	sustainable development and efforts to eradicate poverty,
49	49	including by:
50	50	(A) holding the increase in the global average
51	51	temperature to well below two degrees Celsius above preindustrial
52	52	levels while pursuing efforts to limit the temperature increase to
53	53	1.5 degrees Celsius above preindustrial levels to significantly
54	54	reduce the risks and impacts of climate change;
55	55	(B) developing ways to adapt to the adverse
56	56	impacts of climate change and to foster climate resilience and low
57	57	greenhouse gas emissions development in a manner that does not
58	58	threaten food production; and
59	59	(C) making finance flows consistent with a
60	60	pathway toward low greenhouse gas emissions and climate-resilient
61	61	development.
62	62	(d) The legislature declares that:
63	63	(1) notwithstanding federal action, the legislature
64	64	supports the goals of the Paris Agreement to combat climate change
65	65	and the effects of climate change on environments, economies, and
66	66	communities around the world;
67	67	(2) this state recognizes that to promote a statewide
68	68	response to climate change, collaboration and cooperation are
69	69	needed in the following areas:
70	70	(A) early warning systems;
71	71	(B) emergency preparedness;
72	72	(C) slow onset events;
73	73	(D) events that may involve irreversible and
74	74	permanent loss and damage;
75	75	(E) comprehensive risk assessment and
76	76	management;
77	77	(F) risk insurance facilities, climate risk
78	78	pooling, and other insurance solutions;
79	79	(G) noneconomic losses; and
80	80	(H) resilience of communities, livelihoods, and
81	81	ecosystems; and
82	82	(3) it is in the best interests of this state to:
83	83	(A) expand strategies and mechanisms to reduce
84	84	greenhouse gas emissions statewide through the reduction of energy
85	85	use, adoption of renewable energy, and control of air pollution
86	86	among all governmental entities, industries, and sectors,
87	87	including transportation;
88	88	(B) expand only the strategies and mechanisms
89	89	under Paragraph (A) that use the best available science,
90	90	technologies, and policies to reduce greenhouse gas emissions and
91	91	that are closely aligned with the climate change principles and
92	92	goals adopted in the Paris Agreement and in this state's share of
93	93	obligations within the expectations apportioned to the United
94	94	States in the agreement, notwithstanding federal action;
95	95	(C) strive to formulate and communicate
96	96	long-term low greenhouse gas emissions development strategies; and
97	97	(D) take actions to conserve and enhance
98	98	long-term sinks and reservoirs of greenhouse gases by prioritizing
99	99	the development of parks and greenways, and the restoration of
100	100	coastal forests and wetlands.
101	101	SECTION 2. The purpose of this Act is to document this
102	102	state's commitment to combating climate change and improving this
103	103	state's resilience to climate change by systematically reducing
104	104	greenhouse gas emissions and by aligning with the principles and
105	105	contributing to the goals set by the Paris Agreement through the
106	106	creation of the Texas Climate Change Mitigation and Adaptation
107	107	Commission.
108	108	SECTION 3. Subtitle C, Title 5, Health and Safety Code, is
109	109	amended by adding Chapter 396 to read as follows:
110	110	CHAPTER 396. TEXAS CLIMATE CHANGE MITIGATION AND ADAPTATION
111	111	COMMISSION
112	112	Sec. 396.001. DEFINITIONS. In this chapter:
113	113	(1) "Commission" means the Texas Climate Change
114	114	Mitigation and Adaptation Commission.
115	115	(2) "Institution of higher education" has the meaning
116	116	assigned by Section 61.003, Education Code.
117	117	Sec. 396.002. LIBERAL CONSTRUCTION. This chapter shall be
118	118	liberally construed to minimize future risk to the residents and
119	119	environment of this state.
120	120	Sec. 396.003. COMMISSION CREATED; COMPOSITION. (a) The
121	121	Texas Climate Change Mitigation and Adaptation Commission is
122	122	created.
123	123	(b) The commission is composed of:
124	124	(1) one member appointed by the governor;
125	125	(2) one member appointed by the lieutenant governor;
126	126	(3) one member appointed by the governor from a list of
127	127	names submitted by the speaker of the house of representatives;
128	128	(4) one member appointed by the governor from a list of
129	129	names submitted by the most senior member of the minority party of
130	130	the house of representatives;
131	131	(5) one member appointed by the governor from a list of
132	132	names submitted by the most senior member of the minority party of
133	133	the senate; and
134	134	(6) the following members of which two-thirds are
135	135	appointed evenly between the governor and the lieutenant governor,
136	136	and the remaining one-third are appointed by the governor from a
137	137	list of names submitted by the speaker of the house of
138	138	representatives:
139	139	(A) a representative of the public energy sector;
140	140	(B) a representative of rural electric
141	141	cooperatives;
142	142	(C) a representative of the municipal
143	143	electricity sector;
144	144	(D) two representatives of separate nonprofit
145	145	environmental organizations;
146	146	(E) three scientists at separate institutions of
147	147	higher education, including one climatologist;
148	148	(F) an economist from an institution of higher
149	149	education;
150	150	(G) a representative of business and industry;
151	151	(H) a representative of the manufacturing or
152	152	mining industry;
153	153	(I) a representative of the agriculture or
154	154	forestry industry;
155	155	(J) a representative of the fossil fuel industry;
156	156	(K) a representative from the Health and Human
157	157	Services Commission;
158	158	(L) a representative from the Texas Military
159	159	Preparedness Commission;
160	160	(M) a representative from the Texas Division of
161	161	Emergency Management;
162	162	(N) a representative from the Texas Water
163	163	Development Board; and
164	164	(O) three representatives of the public.
165	165	(c) In addition to the members listed in Subsection (b), the
166	166	chairs of the commission may request the participation or input of
167	167	other individuals as the chairs determine is necessary, including:
168	168	(1) other members of the public;
169	169	(2) individuals with expertise in the area of climate
170	170	change; and
171	171	(3) local, state, and federal officials involved in
172	172	climate change adaptation planning.
173	173	Sec. 396.004. JOINT CHAIRS; MEETINGS; COMPENSATION. (a)
174	174	The commission shall elect two of the commission's members to serve
175	175	as joint chairs of the commission.
176	176	(b) The commission shall meet at the call of either joint
177	177	chair.
178	178	(c) A commission member is not entitled to receive
179	179	compensation for service on the commission but is entitled to
180	180	reimbursement for actual and necessary expenses, including travel
181	181	expenses, incurred by the member in performing commission duties.
182	182	Sec. 396.005. TERMS; VACANCY. (a) Members of the
183	183	commission serve staggered six-year terms, with eight or nine
184	184	members' terms expiring February 1 of each odd-numbered year.
185	185	(b) A vacancy on the commission shall be filled in the same
186	186	manner as the original appointment.
187	187	Sec. 396.006. DUTIES OF COMMISSION. The commission shall:
188	188	(1) establish climate change mitigation and
189	189	adaptation strategies, including goals to help guide planning and
190	190	statewide implementation of the strategies, using the latest and
191	191	best available scientific analysis, risk assessment tools, and
192	192	other information the commission considers necessary to monitor and
193	193	forecast the impact of climate change at the state, regional, and
194	194	local levels;
195	195	(2) provide policy direction, facilitation,
196	196	coordination, and planning to federal, state, and local agencies,
197	197	and other persons as appropriate;
198	198	(3) identify:
199	199	(A) persons, communities, industries, and
200	200	ecosystems of this state vulnerable to impacts related to climate
201	201	change;
202	202	(B) potential economic ramifications of impacts
203	203	related to climate change; and
204	204	(C) existing climate change mitigation and
205	205	adaptation efforts at the federal, state, and local levels;
206	206	(4) make recommendations for meeting or exceeding this
207	207	state's climate change mitigation goals established by the
208	208	commission;
209	209	(5) assess the capacity and availability of existing
210	210	resources and identify new sources of revenue necessary to address
211	211	climate change mitigation and adaptation; and
212	212	(6) advise the governor, legislature, and local
213	213	governments of this state on the economic and budgetary
214	214	ramifications of climate change impacts, mitigation, and
215	215	adaptation.
216	216	Sec. 396.007. INTERNET WEBSITE. The commission shall
217	217	develop and maintain an Internet website that:
218	218	(1) includes a mission statement relating to the
219	219	duties and goals of the commission under this chapter; and
220	220	(2) describes the actions, plans, and policies of the
221	221	commission, and the results, if any, of such actions, plans, and
222	222	policies.
223	223	Sec. 396.008. BIENNIAL PROGRESS REPORT. The commission
224	224	shall identify the information necessary to track this state's
225	225	progress in implementing the climate change mitigation and
226	226	adaptation strategies established by the commission under Section
227	227	396.006 and shall submit a biennial progress report to the governor
228	228	and the legislature not later than the 20th day before the date each
229	229	regular session of the legislature convenes.
230	230	Sec. 396.009. COMPREHENSIVE REVIEW; REPORT. Not later than
231	231	the 20th day before the date the regular session of the 89th
232	232	Legislature convenes, and before the end of each successive
233	233	five-year period after that date, the commission shall conduct a
234	234	comprehensive review of the statewide implementation of the climate
235	235	change mitigation and adaptation strategies established by the
236	236	commission under Section 396.006 and submit a report on the
237	237	commission's findings and recommendations to the governor, the
238	238	legislature, and the governing body of each municipality and county
239	239	in this state.
240	240	Sec. 396.010. SEA LEVEL RISE VULNERABILITY AND ADAPTATION
241	241	REPORT. (a) The commission shall develop and make publicly
242	242	available a sea level rise vulnerability and adaptation report that
243	243	identifies:
244	244	(1) the major areas of this state that are or will be
245	245	impacted by sea level rise during the next 30 years;
246	246	(2) the sea level rise impacts reasonably expected to
247	247	occur during the next 30 years in each area identified under
248	248	Subdivision (1), based on the latest and best available scientific
249	249	research;
250	250	(3) the economic ramifications of sea level rise; and
251	251	(4) applicable federal laws, policies, and programs
252	252	affecting areas of this state impacted by sea level rise.
253	253	(b) The report developed under Subsection (a) must include
254	254	the commission's recommendations for planning, management, and
255	255	adaptation relating to hazards associated with sea level rise.
256	256	(c) In developing the report under Subsection (a), the
257	257	commission shall:
258	258	(1) solicit public comment; and
259	259	(2) coordinate with the federal, state, and local
260	260	agencies involved in climate change adaptation planning.
261	261	(d) The commission shall evaluate and update the sea level
262	262	rise vulnerability and adaptation report developed under this
263	263	section at least once every five years.
264	264	SECTION 4. (a) As soon as practicable after the effective
265	265	date of this Act:
266	266	(1) the governor and lieutenant governor shall appoint
267	267	the 25 members to the Texas Climate Change Mitigation and
268	268	Adaptation Commission as provided by Section 396.003, Health and
269	269	Safety Code, as added by this Act; and
270	270	(2) the governor, lieutenant governor, and speaker of
271	271	the house of representatives or their designees shall meet to
272	272	apportion the appointments under Section 396.003(b)(6), Health and
273	273	Safety Code, as added by this Act.
274	274	(b) The initial members of the Texas Climate Change
275	275	Mitigation and Adaptation Commission appointed under this section
276	276	shall draw lots to determine which members will serve terms
277	277	expiring February 1, 2021, which members will serve terms expiring
278	278	February 1, 2023, and which members will serve terms expiring
279	279	February 1, 2025.
280	280	SECTION 5. Not later than September 30, 2020, the Texas
281	281	Climate Change Mitigation and Adaptation Commission shall develop
282	282	and make publicly available the initial sea level rise
283	283	vulnerability and adaptation report required by Section 396.010,
284	284	Health and Safety Code, as added by this Act.
285	285	SECTION 6. This Act takes effect September 1, 2019.