1 | 1 | | 87R4467 JAM-D |
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2 | 2 | | By: Eckhardt S.B. No. 1839 |
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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 establishing an advisory board to study the creation of |
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8 | 8 | | an entity to facilitate the certification, buying, and selling of |
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9 | 9 | | carbon capture and sequestration credits. |
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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. DEFINITIONS. In this Act: |
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12 | 12 | | (1) "Advisory board" means the Carbon Capture and |
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13 | 13 | | Sequestration Advisory Board. |
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14 | 14 | | (2) "Carbon capture and sequestration credit" means a |
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15 | 15 | | credit of monetary value that certifies the removal of carbon |
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16 | 16 | | dioxide from the atmosphere or ocean through photosynthesis or |
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17 | 17 | | other natural processes for permanent storage in the soil, sea, or |
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18 | 18 | | other natural feature. |
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19 | 19 | | (3) "Commission" means the Texas Commission on |
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20 | 20 | | Environmental Quality. |
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21 | 21 | | SECTION 2. CARBON CAPTURE AND SEQUESTRATION ADVISORY BOARD |
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22 | 22 | | ESTABLISHED. (a) The Carbon Capture and Sequestration Advisory |
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23 | 23 | | Board is established and is composed of one representative from |
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24 | 24 | | each of the following entities, appointed by the administrative |
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25 | 25 | | head of that entity: |
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26 | 26 | | (1) the General Land Office; |
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27 | 27 | | (2) the Parks and Wildlife Department; |
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28 | 28 | | (3) the comptroller's office; |
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29 | 29 | | (4) the Department of Agriculture; |
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30 | 30 | | (5) the Texas A&M AgriLife Extension Service; |
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31 | 31 | | (6) the Harte Research Institute for Gulf of Mexico |
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32 | 32 | | Studies at Texas A&M University -- Corpus Christi; |
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33 | 33 | | (7) the Texas Advanced Computing Center at The |
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34 | 34 | | University of Texas at Austin; |
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35 | 35 | | (8) the Arthur Temple College of Forestry and |
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36 | 36 | | Agriculture at Stephen F. Austin State University; |
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37 | 37 | | (9) the Jackson School of Geosciences at The |
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38 | 38 | | University of Texas at Austin; |
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39 | 39 | | (10) the Pecan Street research and development |
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40 | 40 | | organization; |
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41 | 41 | | (11) a Texas-based environmental nonprofit |
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42 | 42 | | organization; and |
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43 | 43 | | (12) the commission. |
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44 | 44 | | (b) The executive director of the commission serves as the |
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45 | 45 | | presiding officer of the advisory board. |
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46 | 46 | | SECTION 3. CARBON CAPTURE AND SEQUESTRATION REGULATION |
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47 | 47 | | STUDY. (a) The advisory board shall study the desirability, |
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48 | 48 | | feasibility, and logistics of establishing an independent |
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49 | 49 | | semigovernmental entity to manage the certification, |
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50 | 50 | | accreditation, buying, and selling of carbon capture and |
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51 | 51 | | sequestration credits in this state. As part of the study the |
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52 | 52 | | advisory board shall: |
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53 | 53 | | (1) consider certification and accreditation |
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54 | 54 | | standards of carbon capture and sequestration credits for the |
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55 | 55 | | entity that prioritize the protection of the natural environment; |
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56 | 56 | | and |
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57 | 57 | | (2) undertake an analysis of the economic effect that |
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58 | 58 | | the proposed entity's trading activity and ancillary services would |
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59 | 59 | | provide for this state from the year 2025 to the year 2035. |
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60 | 60 | | (b) The commission shall provide administrative support to |
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61 | 61 | | the advisory board in carrying out this Act. |
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62 | 62 | | SECTION 4. STUDY REPORT; EXPIRATION OF ACT. (a) Not later |
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63 | 63 | | than September 1, 2022, the advisory board shall deliver to the |
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64 | 64 | | governor, the lieutenant governor, the speaker of the house of |
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65 | 65 | | representatives, and each member of the legislature a report on the |
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66 | 66 | | determinations of the advisory board based on the study conducted |
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67 | 67 | | under Section 3 of this Act. The advisory board shall deliver |
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68 | 68 | | related information to the governor, lieutenant governor, or a |
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69 | 69 | | member of the legislature on that person's request. |
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70 | 70 | | (b) The report issued under this section must propose: |
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71 | 71 | | (1) bylaws for the governance of the proposed entity; |
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72 | 72 | | (2) certification and accreditation standards of |
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73 | 73 | | carbon capture and sequestration credits that prioritize the |
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74 | 74 | | protection of the natural environment; |
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75 | 75 | | (3) a financial structure for the entity such that the |
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76 | 76 | | entity would be funded solely by fees assessed by the entity on |
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77 | 77 | | market participants; and |
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78 | 78 | | (4) an estimate of the initial appropriation necessary |
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79 | 79 | | to fund the creation of the entity. |
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80 | 80 | | (c) Any bylaws proposed under Subsection (b)(1) of this |
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81 | 81 | | section must include provisions requiring that the meetings of the |
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82 | 82 | | proposed entity be: |
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83 | 83 | | (1) open to the public; |
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84 | 84 | | (2) held only after seven days' notice has been given, |
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85 | 85 | | with exceptions provided for urgent matters; and |
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86 | 86 | | (3) broadcast in real time on an Internet website that |
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87 | 87 | | is publicly accessible without charge. |
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88 | 88 | | (d) The advisory board is abolished and this Act expires |
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89 | 89 | | January 1, 2023. |
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90 | 90 | | SECTION 5. EFFECTIVE DATE. This Act takes effect |
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91 | 91 | | immediately if it receives a vote of two-thirds of all the members |
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92 | 92 | | elected to each house, as provided by Section 39, Article III, Texas |
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93 | 93 | | Constitution. If this Act does not receive the vote necessary for |
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94 | 94 | | immediate effect, this Act takes effect September 1, 2021. |
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