HBA-JEK, AMW C.S.H.B. 3483 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3483
By: Ramsay
Environmental Regulation
4/6/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

To meet mandated air emission reduction standards, coal-fueled power plants
are looking to develop advanced coal utilization technologies.  The United
States Congress has appropriated funds for the research, development, and
deployment of clean coal technologies, but there is no current statewide
initiative to study, develop, and encourage voluntary implementation of
these technologies.  Clean coal technologies have the potential to be more
energy efficient and reliable than existing coal technologies and to
provide a substantial reduction in emissions compared with existing coal
technologies.  C.S.H.B. 3483 creates the Clean Coal Technology Council to
coordinate actions of state agencies for the study and development of clean
coal technology and pilot projects in Texas.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 3483 amends the Government Code to create the Clean Coal
Technology Council (council) to perform legislative oversight of, and
coordinate actions of state agencies regarding, the study and development
of clean coal technology and pilot projects in Texas.  The bill provides
that the council is composed of: 

 _three state senators appointed by the lieutenant governor, with one
designated as co-chair of the council; 

 _three state representatives appointed by the speaker of the house of
representatives, with one designated as co-chair of the council; 

 _one member of the public to be appointed by the lieutenant governor; and

 _one member of the public to be appointed by the speaker of the house of
representatives. 

The bill sets forth provisions regarding council member terms and meetings
and provides for the administration and operation of the council.  The bill
specifies that the council is subject to provisions regarding open
meetings, open records, and the Administrative Procedure Act.   

C.S.H.B. 3483 requires the council to coordinate the activities of the
state agency designated by the council to provide administrative support to
the council (designated agency) with regard to clean coal technology
charges of the council.  The bill requires the council to provide direction
to the designated agency regarding studying or developing clean coal
technologies or requests for proposals for a pilot project in Texas that
may assist the council in evaluating technologies, assessing economics,
evaluating the environmental benefits, seeking funding, evaluating the
useful life of a pilot project, or determining the importance of clean coal
technologies to energy policy in Texas.   
 
The bill sets forth provisions regarding the other duties of the council
and requires the council to file with the governor, lieutenant governor,
and speaker of the house of representatives, before January 1 of each
odd-numbered year, a report of the council's activities during the two
proceeding years and any recommendations for legislation with regard to the
pilot projects and to publish the report.  The bill also requires the
designated agency to maintain a public file relating to the council and to
make available to the public a copy of any council report that is provided
to the legislature. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3483 modifies the original bill to specify that the Clean Coal
Technology Council (council), rather than Texas Clean Coal Technology
Council,  is created to perform legislative oversight of, and to coordinate
actions of state agencies regarding the study and development of clean coal
technology and pilot projects, rather than created with legislative
oversight to coordinate actions for the study and development of clean coal
technology pilot projects.  The substitute adds that council member terms
expire February 1 of each odd-numbered year and provides that the terms of
the initial council members expire February 1, 2003.  The substitute
differs from the original bill by authorizing, rather than requiring, the
council to designate an appropriate state agency to provide administrative
support to the council and to request and distribute federal funding for
use by the council.   

C.S.H.B. 3483 differs from the original bill by requiring the council to
assess the potential utility of the use of financial or other incentives
for potential pilot projects, rather than requiring requests for proposals
to include such assessments for potential respondents.  The substitute also
differs from the original bill by requiring the council to suggest, rather
than determine, reasonable projected durations for pilot projects. The
substitute requires the council to file the required biennial report before
January 1 of each oddnumbered year, rather than before the date that the
next regular session convenes.  The substitute makes numerous wording
changes throughout the bill to conform with Texas Legislative Council style
and format.