By: Talarico H.B. No. 2206
A BILL TO BE ENTITLED
AN ACT
relating to the Texas Climate Action Act.
BE IT ENACTED BY THE LEGISLATURE OF THE TEXAS OF TEXAS:
ARTICLE 1. SHORT TITLE, PREAMBLE, AND FINDINGS
SECTION 1.01. SHORT TITLE. This Act shall be known as the
Texas Climate Action Act.
SECTION 1.02. PREAMBLE. The aim of the Texas Climate Action
Act is to combat climate change by establishing greenhouse gas
emissions reduction targets, energy efficiency standards, and a
resiliency plan with a framework for local involvement.
SECTION 1.03. FINDINGS. (i) WHEREAS, the
Intergovernmental Panel on Climate Change has found that warming of
the global climate system is "unequivocal"; and
(ii) WHEREAS, there is "no convincing alternative
explanation" for changes in the climate other than "human
activities, especially emissions of greenhouse gases" based on the
most recent findings of the U.S. Global Change Research Program;
and
(iii) WHEREAS, climate change has a demonstrated and
researched-backed impact on human health and safety, including
increased natural disasters and increased, intensifying extreme
weather, causing damage to ecosystems, social systems, and
infrastructure; increased risks of waterborne and foodborne
diseases, increased risks of vector-borne diseases, and increased
range and distribution of disease-carrying insects and animals,
carrying diseases such as SARS-CoV-2, Zika and Lyme; and
(iv) WHEREAS, Texas's economy suffered $105 billion loss in
property and crop damage from 2012 through 2017 alone due to extreme
weather events, and will continue to suffer loss if significant
steps are not taken to address and reduce global warming.
(b) THEREFORE, it is the goal of Texas to take all necessary
and appropriate steps to mitigate and prevent these impacts of
human-induced climate change.
ARTICLE 2. TEXAS CLIMATE ACTION ACT
SECTION 1. Subtitle C, Title 5, Health and Safety Code, is
amended by adding Chapter 396 to read as follows:
CHAPTER 396. TEXAS CLIMATE ACTION ACT
Sec. 396.0001. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Commission on
Environmental Quality.
Sec. 396.0002. TEXAS CLIMATE ACTION ACT. (d) Upon the
effective date of this act, the commission shall adopt implementing
rules and regulations to require the reporting and verification of
statewide greenhouse gas emissions and the source and categories of
source of emissions. These regulations shall include steps for the
commission to monitor and enforce compliance with this section.
(e) Within one year of the effective date of this act, the
commission shall, after one or more public workshops, with public
notice, and an opportunity for all interested parties to comment:
(i) determine the statewide greenhouse gas emissions
level in calendar year 1990; and
(ii) promulgate through implementing rules and
regulations the maximum technologically feasible and
cost-effective greenhouse gas emissions limits, at minimum
achieving the following:
(1) a 2050 statewide greenhouse gas emissions
limit that is at least 90 per cent below the 1990 level;
(2) an interim 2040 emissions limit that shall
maximize the ability of Texas to meet the 2050 emissions limit;
(3) a 2030 statewide emissions limit that is at
least 50 percent below the 1990 level.
(f) Within two years of the effective date of this act, the
commission shall, after one or more public workshops, with public
notice, and an opportunity for all interested parties to comment,
prepare and adopt a plan and issue implementing rules and
regulations, for achieving the limits and interim limits
established pursuant to (e) above. This plan shall be updated every
five years.
(g) The commission may adopt regulations that establish a
system of market-based declining annual aggregate emission limits
for sources or categories of sources that emit greenhouse gas
emissions, that the commission determines will achieve the maximum
technologically feasible and cost-effective reductions in
greenhouse gas emissions, in the aggregate, from those sources or
categories of sources.
(h) The commission shall monitor compliance with and
enforce any rule, regulation, order, emission limitation,
emissions reduction measure, or market-based compliance mechanism
adopted pursuant to this Act.
(i) The commission shall conduct a study evaluating the
effects of climate inaction on Texas. Not later than September 1,
2022, the commission shall prepare and submit to the governor, the
lieutenant governor, and the speaker of the house of
representatives a written report containing the results of the
study. The report must include:
(1) the impact of extreme weather events on the Texas
economy and disaggregate information by sector, e.g. agriculture,
construction, tourism, etc.;
(2) the impact of extreme weather events on Texas
agriculture, labor, education, and health, and their respective
governing agencies;
(3) policy recommendations to prepare for future
extreme weather events due to the change in climate; and
(4) any other information the commission determines is
necessary.
(j) The commission shall publish the report described by
Subsection (i) of this section on its Internet website.
(k) The commission shall ensure that the greenhouse gas
emission reduction rules, regulations, programs, mechanisms, and
incentives adopted under this Act, where applicable and to the
extent feasible, direct public and private investment toward rural,
low-income, low- to moderate-income, and minority communities in
Texas and provide an opportunity for small businesses, schools,
affordable housing associations, and other community institutions
to participate in and benefit from statewide efforts to reduce
greenhouse gas emissions.
(l) In carrying out this Act, the commission shall:
(1) Consult with all Texas agencies with jurisdiction
over sources of greenhouse gases, including the Public Utility
Commission of Texas and the Texas Railroad Commission, on all
elements of its plan that pertain to energy related matters
including, but not limited to, electrical generation, load
based-standards or requirements, the provision of reliable and
affordable electrical service, petroleum refining, and statewide
fuel supplies to ensure the greenhouse gas emissions reduction
activities to be adopted and implemented by the commission are
complementary, non-duplicative, and can be implemented in an
efficient and cost-effective manner.
(2) Design the regulations, including distribution of
emissions allowances where appropriate, in a manner that is
equitable, seeks to minimize costs and maximize the total benefits
to Texas, and encourages early action to reduce greenhouse gas
emissions.
(3) Ensure that activities undertaken to comply with
the regulations do not disproportionately impact rural,
low-income, low- to moderate-income, or minority communities.
(4) Ensure that entities that have voluntarily reduced
their greenhouse gas emissions prior to the implementation of this
section receive appropriate credit for early voluntary reductions.
(5) Ensure that activities undertaken pursuant to the
regulations complement, and do not interfere with, efforts to
achieve and maintain federal and Texas ambient air quality
standards and to reduce toxic air contaminant emissions.
(6) Consider overall societal benefits, including
reductions in other air pollutants, diversification of energy
sources, and other benefits to the economy, environment, and public
health.
(7) Minimize the administrative burden of
implementing and complying with these regulations.
(8) Minimize reductions in greenhouse gas emissions in
Texas that are offset by increases in emissions of greenhouse gases
outside of Texas.
(9) Consider the significance of the contribution of
each source or category of sources to statewide emissions of
greenhouse gases.
(10) Consult with other states, and the federal
government, and other nations to identify the most effective
strategies and methods to reduce greenhouse gases, manage
greenhouse gas control programs, and to facilitate the development
of integrated and cost-effective regional, national, and
international greenhouse gas reduction programs.
(11) Evaluate the best available scientific,
technological, and economic information on greenhouse gas
emissions.
(12) Maximize opportunities for workers and
communities that may lose employment opportunities in the
transition to a green economy.
(13) Ensure job opportunities created through
activities undertaken pursuant to this Act are compensated on a
similar payscale to those lost in the transition to a green economy,
and that these opportunities are shared geographically and
demographically.
(m) All Texas agencies involved in implementing this Act
shall assess and implement strategies to increase employment
opportunities and improve job quality through the activities
undertaken pursuant to this Act.
(n) Within six months of the effective date of this Act, all
Texas agencies shall report to the legislature on steps they are
taking to ensure compliance with this section.
(o) This act shall be subject to current prevailing wage
law.
(p) Permits, licenses, regulations and contracts undertaken
pursuant to this Act that are public works as defined in Texas law;
projects receiving over $100,000 in total financial assistance from
Texas; and privately-financed projects on public property, shall
include:
(i) labor harmony policies;
(ii) dispute resolution mechanisms;
(iii) safety policies as required under Texas law;
workers compensation insurance;
(iv) and apprenticeship programs appropriate for the
trades in which work is being performed.
SECTION 2. This Act takes effect September 1, 2021.