Texas 2021 - 87th Regular

Texas Senate Bill SB1839 Compare Versions

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11 87R4467 JAM-D
22 By: Eckhardt S.B. No. 1839
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to establishing an advisory board to study the creation of
88 an entity to facilitate the certification, buying, and selling of
99 carbon capture and sequestration credits.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. DEFINITIONS. In this Act:
1212 (1) "Advisory board" means the Carbon Capture and
1313 Sequestration Advisory Board.
1414 (2) "Carbon capture and sequestration credit" means a
1515 credit of monetary value that certifies the removal of carbon
1616 dioxide from the atmosphere or ocean through photosynthesis or
1717 other natural processes for permanent storage in the soil, sea, or
1818 other natural feature.
1919 (3) "Commission" means the Texas Commission on
2020 Environmental Quality.
2121 SECTION 2. CARBON CAPTURE AND SEQUESTRATION ADVISORY BOARD
2222 ESTABLISHED. (a) The Carbon Capture and Sequestration Advisory
2323 Board is established and is composed of one representative from
2424 each of the following entities, appointed by the administrative
2525 head of that entity:
2626 (1) the General Land Office;
2727 (2) the Parks and Wildlife Department;
2828 (3) the comptroller's office;
2929 (4) the Department of Agriculture;
3030 (5) the Texas A&M AgriLife Extension Service;
3131 (6) the Harte Research Institute for Gulf of Mexico
3232 Studies at Texas A&M University -- Corpus Christi;
3333 (7) the Texas Advanced Computing Center at The
3434 University of Texas at Austin;
3535 (8) the Arthur Temple College of Forestry and
3636 Agriculture at Stephen F. Austin State University;
3737 (9) the Jackson School of Geosciences at The
3838 University of Texas at Austin;
3939 (10) the Pecan Street research and development
4040 organization;
4141 (11) a Texas-based environmental nonprofit
4242 organization; and
4343 (12) the commission.
4444 (b) The executive director of the commission serves as the
4545 presiding officer of the advisory board.
4646 SECTION 3. CARBON CAPTURE AND SEQUESTRATION REGULATION
4747 STUDY. (a) The advisory board shall study the desirability,
4848 feasibility, and logistics of establishing an independent
4949 semigovernmental entity to manage the certification,
5050 accreditation, buying, and selling of carbon capture and
5151 sequestration credits in this state. As part of the study the
5252 advisory board shall:
5353 (1) consider certification and accreditation
5454 standards of carbon capture and sequestration credits for the
5555 entity that prioritize the protection of the natural environment;
5656 and
5757 (2) undertake an analysis of the economic effect that
5858 the proposed entity's trading activity and ancillary services would
5959 provide for this state from the year 2025 to the year 2035.
6060 (b) The commission shall provide administrative support to
6161 the advisory board in carrying out this Act.
6262 SECTION 4. STUDY REPORT; EXPIRATION OF ACT. (a) Not later
6363 than September 1, 2022, the advisory board shall deliver to the
6464 governor, the lieutenant governor, the speaker of the house of
6565 representatives, and each member of the legislature a report on the
6666 determinations of the advisory board based on the study conducted
6767 under Section 3 of this Act. The advisory board shall deliver
6868 related information to the governor, lieutenant governor, or a
6969 member of the legislature on that person's request.
7070 (b) The report issued under this section must propose:
7171 (1) bylaws for the governance of the proposed entity;
7272 (2) certification and accreditation standards of
7373 carbon capture and sequestration credits that prioritize the
7474 protection of the natural environment;
7575 (3) a financial structure for the entity such that the
7676 entity would be funded solely by fees assessed by the entity on
7777 market participants; and
7878 (4) an estimate of the initial appropriation necessary
7979 to fund the creation of the entity.
8080 (c) Any bylaws proposed under Subsection (b)(1) of this
8181 section must include provisions requiring that the meetings of the
8282 proposed entity be:
8383 (1) open to the public;
8484 (2) held only after seven days' notice has been given,
8585 with exceptions provided for urgent matters; and
8686 (3) broadcast in real time on an Internet website that
8787 is publicly accessible without charge.
8888 (d) The advisory board is abolished and this Act expires
8989 January 1, 2023.
9090 SECTION 5. EFFECTIVE DATE. This Act takes effect
9191 immediately if it receives a vote of two-thirds of all the members
9292 elected to each house, as provided by Section 39, Article III, Texas
9393 Constitution. If this Act does not receive the vote necessary for
9494 immediate effect, this Act takes effect September 1, 2021.