| 1 | 1 | | 89R5854 DRS-F |
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| 2 | 2 | | By: Paul H.B. No. 4413 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to mass balance attribution of renewable biomass |
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| 10 | 10 | | feedstocks used to produce renewable chemicals. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 361.421, Health and Safety Code, is |
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| 13 | 13 | | amended by adding Subdivisions (8-a) and (8-b) to read as follows: |
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| 14 | 14 | | (8-a) "Renewable biomass" means: |
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| 15 | 15 | | (A) materials, pre-commercial thinnings, or |
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| 16 | 16 | | invasive species from National Forest System land and public lands, |
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| 17 | 17 | | as that term is defined by 43 U.S.C. Section 1702, that: |
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| 18 | 18 | | (i) are byproducts of preventive treatments |
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| 19 | 19 | | that are removed: |
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| 20 | 20 | | (a) to reduce hazardous fuels; |
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| 21 | 21 | | (b) to reduce or contain disease or |
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| 22 | 22 | | insect infestation; or |
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| 23 | 23 | | (c) to restore ecosystem health; |
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| 24 | 24 | | (ii) would not otherwise be used for higher |
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| 25 | 25 | | value products; and |
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| 26 | 26 | | (iii) are harvested in accordance with: |
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| 27 | 27 | | (a) applicable law and land |
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| 28 | 28 | | management plans; and |
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| 29 | 29 | | (b) requirements for old growth stand |
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| 30 | 30 | | maintenance, restoration, and management direction and large tree |
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| 31 | 31 | | retention under Sections 102(e) and (f), Healthy Forests |
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| 32 | 32 | | Restoration Act of 2003 (16 U.S.C. Sections 6512(e) and (f)); or |
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| 33 | 33 | | (B) any organic matter that is available on a |
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| 34 | 34 | | renewable or recurring basis from nonfederal land or land belonging |
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| 35 | 35 | | to an Indian or Indian tribe that is held in trust by the United |
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| 36 | 36 | | States or subject to a restriction against alienation imposed by |
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| 37 | 37 | | the United States, including: |
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| 38 | 38 | | (i) renewable plant material, including: |
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| 39 | 39 | | (a) feed grains and other |
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| 40 | 40 | | agricultural commodities; |
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| 41 | 41 | | (b) plants and trees; and |
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| 42 | 42 | | (c) algae; and |
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| 43 | 43 | | (ii) waste material, including: |
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| 44 | 44 | | (a) crop residue; |
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| 45 | 45 | | (b) vegetative waste material, |
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| 46 | 46 | | including wood waste and wood residue; |
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| 47 | 47 | | (c) animal waste and byproducts, |
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| 48 | 48 | | including fats, oils, greases, and manure; and |
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| 49 | 49 | | (d) food waste and yard waste. |
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| 50 | 50 | | (8-b) "Renewable chemical" means a monomer, polymer, |
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| 51 | 51 | | plastic, formulated product, or chemical substance produced from |
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| 52 | 52 | | renewable biomass feedstocks or certified under a third-party |
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| 53 | 53 | | certification system for mass balance attribution identified by the |
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| 54 | 54 | | commission under Section 361.4215. |
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| 55 | 55 | | SECTION 2. Section 361.4215, Health and Safety Code, is |
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| 56 | 56 | | amended to read as follows: |
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| 57 | 57 | | Sec. 361.4215. MASS BALANCE ATTRIBUTION. The commission by |
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| 58 | 58 | | rule shall identify third-party certification systems for mass |
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| 59 | 59 | | balance attribution that may be used for the purposes of Sections |
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| 60 | 60 | | 361.421(6), [and] (6-a), and (8-b). |
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| 61 | 61 | | SECTION 3. As soon as practicable after the effective date |
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| 62 | 62 | | of this Act, the Texas Commission on Environmental Quality shall |
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| 63 | 63 | | adopt rules necessary to implement the changes in law made by this |
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| 64 | 64 | | Act. |
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| 65 | 65 | | SECTION 4. This Act takes effect September 1, 2025. |
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