Texas 2021 - 87th Regular

Texas House Bill HB2206 Compare Versions

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

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1	1	By: Talarico H.B. No. 2206
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the Texas Climate Action Act.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE TEXAS OF TEXAS:
8	8	ARTICLE 1. SHORT TITLE, PREAMBLE, AND FINDINGS
9	9	SECTION 1.01. SHORT TITLE. This Act shall be known as the
10	10	Texas Climate Action Act.
11	11	SECTION 1.02. PREAMBLE. The aim of the Texas Climate Action
12	12	Act is to combat climate change by establishing greenhouse gas
13	13	emissions reduction targets, energy efficiency standards, and a
14	14	resiliency plan with a framework for local involvement.
15	15	SECTION 1.03. FINDINGS. (i) WHEREAS, the
16	16	Intergovernmental Panel on Climate Change has found that warming of
17	17	the global climate system is "unequivocal"; and
18	18	(ii) WHEREAS, there is "no convincing alternative
19	19	explanation" for changes in the climate other than "human
20	20	activities, especially emissions of greenhouse gases" based on the
21	21	most recent findings of the U.S. Global Change Research Program;
22	22	and
23	23	(iii) WHEREAS, climate change has a demonstrated and
24	24	researched-backed impact on human health and safety, including
25	25	increased natural disasters and increased, intensifying extreme
26	26	weather, causing damage to ecosystems, social systems, and
27	27	infrastructure; increased risks of waterborne and foodborne
28	28	diseases, increased risks of vector-borne diseases, and increased
29	29	range and distribution of disease-carrying insects and animals,
30	30	carrying diseases such as SARS-CoV-2, Zika and Lyme; and
31	31	(iv) WHEREAS, Texas's economy suffered $105 billion loss in
32	32	property and crop damage from 2012 through 2017 alone due to extreme
33	33	weather events, and will continue to suffer loss if significant
34	34	steps are not taken to address and reduce global warming.
35	35	(b) THEREFORE, it is the goal of Texas to take all necessary
36	36	and appropriate steps to mitigate and prevent these impacts of
37	37	human-induced climate change.
38	38	ARTICLE 2. TEXAS CLIMATE ACTION ACT
39	39	SECTION 1. Subtitle C, Title 5, Health and Safety Code, is
40	40	amended by adding Chapter 396 to read as follows:
41	41	CHAPTER 396. TEXAS CLIMATE ACTION ACT
42	42	Sec. 396.0001. DEFINITIONS. In this chapter:
43	43	(1) "Commission" means the Texas Commission on
44	44	Environmental Quality.
45	45	Sec. 396.0002. TEXAS CLIMATE ACTION ACT. (d) Upon the
46	46	effective date of this act, the commission shall adopt implementing
47	47	rules and regulations to require the reporting and verification of
48	48	statewide greenhouse gas emissions and the source and categories of
49	49	source of emissions. These regulations shall include steps for the
50	50	commission to monitor and enforce compliance with this section.
51	51	(e) Within one year of the effective date of this act, the
52	52	commission shall, after one or more public workshops, with public
53	53	notice, and an opportunity for all interested parties to comment:
54	54	(i) determine the statewide greenhouse gas emissions
55	55	level in calendar year 1990; and
56	56	(ii) promulgate through implementing rules and
57	57	regulations the maximum technologically feasible and
58	58	cost-effective greenhouse gas emissions limits, at minimum
59	59	achieving the following:
60	60	(1) a 2050 statewide greenhouse gas emissions
61	61	limit that is at least 90 per cent below the 1990 level;
62	62	(2) an interim 2040 emissions limit that shall
63	63	maximize the ability of Texas to meet the 2050 emissions limit;
64	64	(3) a 2030 statewide emissions limit that is at
65	65	least 50 percent below the 1990 level.
66	66	(f) Within two years of the effective date of this act, the
67	67	commission shall, after one or more public workshops, with public
68	68	notice, and an opportunity for all interested parties to comment,
69	69	prepare and adopt a plan and issue implementing rules and
70	70	regulations, for achieving the limits and interim limits
71	71	established pursuant to (e) above. This plan shall be updated every
72	72	five years.
73	73	(g) The commission may adopt regulations that establish a
74	74	system of market-based declining annual aggregate emission limits
75	75	for sources or categories of sources that emit greenhouse gas
76	76	emissions, that the commission determines will achieve the maximum
77	77	technologically feasible and cost-effective reductions in
78	78	greenhouse gas emissions, in the aggregate, from those sources or
79	79	categories of sources.
80	80	(h) The commission shall monitor compliance with and
81	81	enforce any rule, regulation, order, emission limitation,
82	82	emissions reduction measure, or market-based compliance mechanism
83	83	adopted pursuant to this Act.
84	84	(i) The commission shall conduct a study evaluating the
85	85	effects of climate inaction on Texas. Not later than September 1,
86	86	2022, the commission shall prepare and submit to the governor, the
87	87	lieutenant governor, and the speaker of the house of
88	88	representatives a written report containing the results of the
89	89	study. The report must include:
90	90	(1) the impact of extreme weather events on the Texas
91	91	economy and disaggregate information by sector, e.g. agriculture,
92	92	construction, tourism, etc.;
93	93	(2) the impact of extreme weather events on Texas
94	94	agriculture, labor, education, and health, and their respective
95	95	governing agencies;
96	96	(3) policy recommendations to prepare for future
97	97	extreme weather events due to the change in climate; and
98	98	(4) any other information the commission determines is
99	99	necessary.
100	100	(j) The commission shall publish the report described by
101	101	Subsection (i) of this section on its Internet website.
102	102	(k) The commission shall ensure that the greenhouse gas
103	103	emission reduction rules, regulations, programs, mechanisms, and
104	104	incentives adopted under this Act, where applicable and to the
105	105	extent feasible, direct public and private investment toward rural,
106	106	low-income, low- to moderate-income, and minority communities in
107	107	Texas and provide an opportunity for small businesses, schools,
108	108	affordable housing associations, and other community institutions
109	109	to participate in and benefit from statewide efforts to reduce
110	110	greenhouse gas emissions.
111	111	(l) In carrying out this Act, the commission shall:
112	112	(1) Consult with all Texas agencies with jurisdiction
113	113	over sources of greenhouse gases, including the Public Utility
114	114	Commission of Texas and the Texas Railroad Commission, on all
115	115	elements of its plan that pertain to energy related matters
116	116	including, but not limited to, electrical generation, load
117	117	based-standards or requirements, the provision of reliable and
118	118	affordable electrical service, petroleum refining, and statewide
119	119	fuel supplies to ensure the greenhouse gas emissions reduction
120	120	activities to be adopted and implemented by the commission are
121	121	complementary, non-duplicative, and can be implemented in an
122	122	efficient and cost-effective manner.
123	123	(2) Design the regulations, including distribution of
124	124	emissions allowances where appropriate, in a manner that is
125	125	equitable, seeks to minimize costs and maximize the total benefits
126	126	to Texas, and encourages early action to reduce greenhouse gas
127	127	emissions.
128	128	(3) Ensure that activities undertaken to comply with
129	129	the regulations do not disproportionately impact rural,
130	130	low-income, low- to moderate-income, or minority communities.
131	131	(4) Ensure that entities that have voluntarily reduced
132	132	their greenhouse gas emissions prior to the implementation of this
133	133	section receive appropriate credit for early voluntary reductions.
134	134	(5) Ensure that activities undertaken pursuant to the
135	135	regulations complement, and do not interfere with, efforts to
136	136	achieve and maintain federal and Texas ambient air quality
137	137	standards and to reduce toxic air contaminant emissions.
138	138	(6) Consider overall societal benefits, including
139	139	reductions in other air pollutants, diversification of energy
140	140	sources, and other benefits to the economy, environment, and public
141	141	health.
142	142	(7) Minimize the administrative burden of
143	143	implementing and complying with these regulations.
144	144	(8) Minimize reductions in greenhouse gas emissions in
145	145	Texas that are offset by increases in emissions of greenhouse gases
146	146	outside of Texas.
147	147	(9) Consider the significance of the contribution of
148	148	each source or category of sources to statewide emissions of
149	149	greenhouse gases.
150	150	(10) Consult with other states, and the federal
151	151	government, and other nations to identify the most effective
152	152	strategies and methods to reduce greenhouse gases, manage
153	153	greenhouse gas control programs, and to facilitate the development
154	154	of integrated and cost-effective regional, national, and
155	155	international greenhouse gas reduction programs.
156	156	(11) Evaluate the best available scientific,
157	157	technological, and economic information on greenhouse gas
158	158	emissions.
159	159	(12) Maximize opportunities for workers and
160	160	communities that may lose employment opportunities in the
161	161	transition to a green economy.
162	162	(13) Ensure job opportunities created through
163	163	activities undertaken pursuant to this Act are compensated on a
164	164	similar payscale to those lost in the transition to a green economy,
165	165	and that these opportunities are shared geographically and
166	166	demographically.
167	167	(m) All Texas agencies involved in implementing this Act
168	168	shall assess and implement strategies to increase employment
169	169	opportunities and improve job quality through the activities
170	170	undertaken pursuant to this Act.
171	171	(n) Within six months of the effective date of this Act, all
172	172	Texas agencies shall report to the legislature on steps they are
173	173	taking to ensure compliance with this section.
174	174	(o) This act shall be subject to current prevailing wage
175	175	law.
176	176	(p) Permits, licenses, regulations and contracts undertaken
177	177	pursuant to this Act that are public works as defined in Texas law;
178	178	projects receiving over $100,000 in total financial assistance from
179	179	Texas; and privately-financed projects on public property, shall
180	180	include:
181	181	(i) labor harmony policies;
182	182	(ii) dispute resolution mechanisms;
183	183	(iii) safety policies as required under Texas law;
184	184	workers compensation insurance;
185	185	(iv) and apprenticeship programs appropriate for the
186	186	trades in which work is being performed.
187	187	SECTION 2. This Act takes effect September 1, 2021.