Texas 2023 - 88th Regular

Texas House Bill HB4792 Compare Versions

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1	1	By: Anchía H.B. No. 4792
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to establishing the Texas Carbon Emissions Mitigation and
7	7	Severe Weather Adaptation Commission to study and address the
8	8	impacts of carbon emissions and severe weather in this state.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. This Act shall be known as the Texas Carbon
11	11	Emissions Mitigation and Severe Weather Adaptation Act.
12	12	SECTION 2. Subtitle C, Title 5, Health and Safety Code, is
13	13	amended by adding Chapter 396 to read as follows:
14	14	CHAPTER 396. TEXAS CARBON EMISSIONS MITIGATION AND SEVERE WEATHER
15	15	ADAPTATION COMMISSION
16	16	Sec. 396.001. DEFINITIONS. In this chapter:
17	17	(1) "Commission" means the Texas Carbon Emissions
18	18	Mitigation and Severe Weather Adaptation Commission.
19	19	(2) "Institution of higher education" has the meaning
20	20	assigned by Section 61.003, Education Code.
21	21	Sec. 396.002. LIBERAL CONSTRUCTION. This chapter shall be
22	22	liberally construed to minimize future risk to the residents and
23	23	environment of this state.
24	24	Sec. 396.003. COMMISSION CREATED; COMPOSITION. (a) The
25	25	Texas Carbon Emissions Mitigation and Severe Weather Adaptation
26	26	Commission is created.
27	27	(b) The commission is composed of:
28	28	(1) one member appointed by the governor;
29	29	(2) one member appointed by the lieutenant governor;
30	30	(3) one member appointed by the governor from a list of
31	31	names submitted by the speaker of the house of representatives;
32	32	(4) one member appointed by the governor from a list of
33	33	names submitted by the most senior member of the minority party of
34	34	the house of representatives;
35	35	(5) one member appointed by the governor from a list of
36	36	names submitted by the most senior member of the minority party of
37	37	the senate; and
38	38	(6) the following members of which two-thirds are
39	39	appointed evenly between the governor and the lieutenant governor,
40	40	and the remaining one-third are appointed by the governor from a
41	41	list of names submitted by the speaker of the house of
42	42	representatives:
43	43	(A) a representative of the public energy sector;
44	44	(B) a representative of rural electric
45	45	cooperatives;
46	46	(C) a representative of the municipal
47	47	electricity sector;
48	48	(D) two representatives of separate nonprofit
49	49	environmental organizations;
50	50	(E) three scientists at separate institutions of
51	51	higher education, including one climatologist;
52	52	(F) an economist from an institution of higher
53	53	education;
54	54	(G) a representative of business and industry;
55	55	(H) a representative of the manufacturing or
56	56	mining industry;
57	57	(I) a representative of the agriculture or
58	58	forestry industry;
59	59	(J) a representative of the fossil fuel industry;
60	60	(K) a representative from the Health and Human
61	61	Services Commission;
62	62	(L) a representative from the Texas Military
63	63	Preparedness Commission;
64	64	(M) a representative from the Texas Division of
65	65	Emergency Management;
66	66	(N) a representative from the Texas Water
67	67	Development Board; and
68	68	(O) three representatives of the public.
69	69	(c) In addition to the members listed in Subsection (b), the
70	70	chairs of the commission may request the participation or input of
71	71	other individuals as the chairs determine is necessary, including:
72	72	(1) other members of the public;
73	73	(2) individuals with expertise in the area of carbon
74	74	emissions mitigation and severe weather adaptation; and
75	75	(3) local, state, and federal officials involved in
76	76	carbon emissions mitigation and severe weather adaptation
77	77	planning.
78	78	Sec. 396.004. JOINT CHAIRS; MEETINGS; COMPENSATION. (a)
79	79	The commission shall elect two of the commission's members to serve
80	80	as joint chairs of the commission.
81	81	(b) The commission shall meet at the call of either joint
82	82	chair.
83	83	(c) A commission member is not entitled to receive
84	84	compensation for service on the commission but is entitled to
85	85	reimbursement for actual and necessary expenses, including travel
86	86	expenses, incurred by the member in performing commission duties.
87	87	Sec. 396.005. TERMS; VACANCY. (a) Members of the
88	88	commission serve staggered six-year terms, with eight or nine
89	89	members' terms expiring February 1 of each odd-numbered year.
90	90	(b) A vacancy on the commission shall be filled in the same
91	91	manner as the original appointment.
92	92	Sec. 396.006. ACTIVITIES OF COMMISSION. (a) The
93	93	commission shall:
94	94	(1) establish carbon emissions mitigation and severe
95	95	weather adaptation strategies, including goals to help guide
96	96	planning and statewide implementation of the strategies, using the
97	97	latest and best available scientific analysis, risk assessment
98	98	tools, and other information the commission considers necessary to
99	99	monitor and forecast the impact of carbon emissions and severe
100	100	weather at the state, regional, and local levels;
101	101	(2) provide policy direction, facilitation,
102	102	coordination, and planning to federal, state, and local agencies,
103	103	and other persons as appropriate;
104	104	(3) identify:
105	105	(A) persons, communities, industries, and
106	106	ecosystems of this state vulnerable to impacts related to carbon
107	107	emissions and severe weather;
108	108	(B) potential economic ramifications of impacts
109	109	related to carbon emissions and severe weather; and
110	110	(C) existing carbon emissions mitigation and
111	111	severe weather adaptation efforts at the federal, state, and local
112	112	levels;
113	113	(4) make recommendations for meeting or exceeding this
114	114	state's carbon emissions mitigation and severe weather adaptation
115	115	goals established by the commission;
116	116	(5) assess the capacity and availability of existing
117	117	resources and identify new sources of revenue necessary to address
118	118	carbon emissions mitigation and severe weather adaptation; and
119	119	(6) advise the governor, legislature, and local
120	120	governments of this state on the economic and budgetary
121	121	ramifications of carbon emissions and severe weather impacts,
122	122	mitigation, and adaptation.
123	123	(b) The commission may confer with scientists and other
124	124	experts to evaluate whether more frequent or extreme winter cold
125	125	snaps are caused by the warming of the stratospheric polar vortex as
126	126	a result of carbon emissions.
127	127	Sec. 396.007. INTERNET WEBSITE. The commission shall
128	128	develop and maintain an Internet website that:
129	129	(1) includes a mission statement relating to the
130	130	duties and goals of the commission under this chapter; and
131	131	(2) describes the actions, plans, and policies of the
132	132	commission, and the results, if any, of such actions, plans, and
133	133	policies.
134	134	Sec. 396.008. BIENNIAL PROGRESS REPORT. The commission
135	135	shall identify the information necessary to track this state's
136	136	progress in implementing the carbon emissions mitigation and severe
137	137	weather adaptation strategies established by the commission under
138	138	Section 396.006 and shall submit a biennial progress report to the
139	139	governor and the legislature not later than the 20th day before the
140	140	date each regular session of the legislature convenes.
141	141	Sec. 396.009. COMPREHENSIVE REVIEW; REPORT. Not later than
142	142	the 20th day before the date the regular session of the 90th
143	143	Legislature convenes, and before the end of each successive
144	144	five-year period after that date, the commission shall conduct a
145	145	comprehensive review of the statewide implementation of the carbon
146	146	emissions mitigation and severe weather adaptation strategies
147	147	established by the commission under Section 396.006 and submit a
148	148	report on the commission's findings and recommendations to the
149	149	governor, the legislature, and the governing body of each
150	150	municipality and county in this state.
151	151	Sec. 396.010. SEA LEVEL RISE VULNERABILITY AND ADAPTATION
152	152	REPORT. (a) The commission shall develop and make publicly
153	153	available a sea level rise vulnerability and adaptation report that
154	154	identifies:
155	155	(1) the major areas of this state that are or will be
156	156	impacted by sea level rise during the next 30 years;
157	157	(2) the sea level rise impacts reasonably expected to
158	158	occur during the next 30 years in each area identified under
159	159	Subdivision (1), based on the latest and best available scientific
160	160	research;
161	161	(3) the economic ramifications of sea level rise; and
162	162	(4) applicable federal laws, policies, and programs
163	163	affecting areas of this state impacted by sea level rise.
164	164	(b) The report developed under Subsection (a) must include
165	165	the commission's recommendations for planning, management, and
166	166	adaptation relating to hazards associated with sea level rise.
167	167	(c) In developing the report under Subsection (a), the
168	168	commission shall:
169	169	(1) solicit public comment; and
170	170	(2) coordinate with the federal, state, and local
171	171	agencies involved in carbon emissions mitigation and severe weather
172	172	adaptation planning.
173	173	(d) The commission shall evaluate and update the sea level
174	174	rise vulnerability and adaptation report developed under this
175	175	section at least once every five years.
176	176	SECTION 3. (a) As soon as practicable after the effective
177	177	date of this Act:
178	178	(1) the governor and lieutenant governor shall appoint
179	179	the 25 members to the Texas Carbon Emissions Mitigation and Severe
180	180	Weather Adaptation Commission as provided by Section 396.003,
181	181	Health and Safety Code, as added by this Act; and
182	182	(2) the governor, lieutenant governor, and speaker of
183	183	the house of representatives or their designees shall meet to
184	184	apportion the appointments under Section 396.003(b)(6), Health and
185	185	Safety Code, as added by this Act.
186	186	(b) The initial members of the Texas Carbon Emissions
187	187	Mitigation and Severe Weather Adaptation Commission appointed
188	188	under this section shall draw lots to determine which members will
189	189	serve terms expiring February 1, 2025, which members will serve
190	190	terms expiring February 1, 2027, and which members will serve terms
191	191	expiring February 1, 2029.
192	192	SECTION 4. Not later than September 30, 2024, the Texas
193	193	Carbon Emissions Mitigation and Severe Weather Adaptation
194	194	Commission shall develop and make publicly available the initial
195	195	sea level rise vulnerability and adaptation report required by
196	196	Section 396.010, Health and Safety Code, as added by this Act.
197	197	SECTION 5. This Act takes effect September 1, 2023.