By Chisum H.B. No. 3121
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the recovery of costs incurred by electric utilities to
1-3 comply with environmental standards.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 36.204, Utilities Code, is amended to
1-6 read as follows:
1-7 Sec. 36.204. Cost Recovery and Incentives. (a) In
1-8 establishing rates for an electric utility [not required to file an
1-9 integrated resource plan], the commission may:
1-10 (1) allow timely recovery of the reasonable costs of
1-11 conservation, load management, [and] purchased power, and
1-12 environmental cleanup, notwithstanding Section 36.201; and
1-13 (2) authorize additional incentives for conservation,
1-14 load management, purchased power, and renewable resources.
1-15 (b) Costs incurred under Subsection (a) for cleanup shall be
1-16 included for timely recovery of reasonable costs only to the extent
1-17 that:
1-18 (1) the cost is applied to reduce or offset the
1-19 emissions of airborne pollutants from an electric generating
1-20 facility for which air quality authorization pursuant to 30 T.A.C.
1-21 Chapter 116 has not been obtained as of January 1, 1999; and
2-1 (2) the electric utility commits one-hundred percent
2-2 of any resulting emissions credits to use within the state.
2-3 SECTION 2. This Act takes effect September 1, 1998.
2-4 SECTION 3. The importance of this legislation and the
2-5 crowded condition of the calendars in both houses create an
2-6 emergency and an imperative public necessity that the
2-7 constitutional rule requiring bills to be read on three several
2-8 days in each house be suspended, and this rule is hereby suspended,
2-9 and that this Act take effect and be in force from and after its
2-10 passage, and it is so enacted.