77R12877 MI-F
By Danburg H.B. No. 2845
Substitute the following for H.B. No. 2845:
By Carter C.S.H.B. No. 2845
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of an initiative to promote the
1-3 commercialization of fuel cell technologies.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. DEFINITION. In this Act, "energy office" means
1-6 the State Energy Conservation Office.
1-7 SECTION 2. FUEL CELL COMMERCIALIZATION INITIATIVE. (a) The
1-8 energy office shall develop a statewide plan for the coordinated
1-9 acceleration of the commercialization of fuel cell generation in
1-10 this state. The plan must explore and draw conclusions about the
1-11 availability and efficacy of alternative mechanisms that might be
1-12 created in cooperation with the private sector, utilities, and
1-13 other agencies to accelerate the commercial availability and
1-14 economic viability of fuel cells for use in this state. The plan
1-15 must consider, at a minimum, the use of:
1-16 (1) funds available to the energy office or additional
1-17 funding from other state, federal, or private sources for programs
1-18 of research and development, particularly incentives for commercial
1-19 installation of cells by residential, commercial, or industrial
1-20 utility customers;
1-21 (2) utility-administered incentive funds, consistent
1-22 with programs established under Chapter 39, Utilities Code;
1-23 (3) market mechanisms that might be created to assure
1-24 that clean emerging technologies may be compensated for their
2-1 contribution to the reduction of harmful emissions; and
2-2 (4) tax or other economic incentives.
2-3 (b) In developing the plan and proposed rules, guidelines,
2-4 and operating procedures, the energy office shall seek the
2-5 assistance and support of, as appropriate, the Texas Natural
2-6 Resource Conservation Commission, the Public Utility Commission of
2-7 Texas, and other state or local agencies. The plan must consider
2-8 the impact of the use of fuel cell technologies in areas of the
2-9 state that the energy office determines:
2-10 (1) are designated as nonattainment areas under
2-11 Section 107(d) of the federal Clean Air Act (42 U.S.C. Section
2-12 7407); or
2-13 (2) have a high probability of being so designated in
2-14 the near future.
2-15 (c) Not later than September 15, 2002, the energy office
2-16 shall issue to the House Energy Resources Committee and the Senate
2-17 Business and Commerce Committee a report of its findings and
2-18 recommendations for development of the fuel cell commercialization
2-19 initiative, including:
2-20 (1) the state of the industry or of specific
2-21 components of the industry;
2-22 (2) alternative programs to accelerate the commercial
2-23 availability of fuel cells, including similar efforts by other
2-24 states;
2-25 (3) programs considered to encourage the industry to
2-26 locate manufacturing, system integration, or related component
2-27 parts or services in this state; and
3-1 (4) program recommendations, including how proposed
3-2 programs would work, the impact anticipated on industry
3-3 development, program costs and sources of funding, and proposed
3-4 measures of performance.
3-5 (d) The energy office shall appoint a fuel cell initiative
3-6 advisory committee to advise the energy office regarding
3-7 development of the plan and to assist the energy office in meeting
3-8 the goals of this Act. The energy office shall appoint to the
3-9 advisory committee representatives of:
3-10 (1) the fuel cell industry;
3-11 (2) energy services providers;
3-12 (3) electric transmission and distribution utilities;
3-13 (4) retail providers of electric energy; and
3-14 (5) small electric energy consumers.
3-15 SECTION 3. EFFECTIVE DATE. This Act takes effect September
3-16 1, 2001.