By McClendon                                          H.B. No. 3415
         77R11016 SMH-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the development and use of landfill gas for state
 1-3     energy and environmental purposes.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter B, Chapter 361, Health and Safety
 1-6     Code, is amended by adding Section 361.040 to read as follows:
 1-7           Sec. 361.040.  DEVELOPMENT AND USE OF LANDFILL GAS. (a)  The
 1-8     legislature finds that:
 1-9                 (1)  there are many municipal solid waste landfills in
1-10     this state that produce economically recoverable amounts of methane
1-11     gas;
1-12                 (2)  those landfills currently generate approximately
1-13     100 million cubic feet of methane gas per day;
1-14                 (3)  cost-effective recovery of landfill gas will have
1-15     both environmental and economic benefits; and
1-16                 (4)  it is in the state's interest to encourage and
1-17     assist the development and use of landfill gas in a timely fashion.
1-18           (b)  The commission and the Public Utility Commission of
1-19     Texas  shall jointly promote the economic development and use of
1-20     landfill gas by, at a minimum:
1-21                 (1)  publicizing agency information on identified
1-22     landfills with the potential for economic landfill gas development,
1-23     including an estimate of that potential;
1-24                 (2)  assisting gas developers, landfill owners and
 2-1     operators, electric utilities, and gas utilities in exploring
 2-2     partnership opportunities with regard to landfill gas; and
 2-3                 (3)  establishing a clearinghouse of information on
 2-4     landfill gas development and use.
 2-5           (c)  If the commission requires a person to register with the
 2-6     commission before undertaking landfill gas recovery activities, the
 2-7     commission shall give priority to processing applications for
 2-8     registration.
 2-9           (d)  The commission and the Public Utility Commission of
2-10     Texas  shall jointly report to the legislature by November 1 of
2-11     2002, 2004, and 2006 on the status of the development of landfill
2-12     gas in this state.  Each report shall:
2-13                 (1)  summarize the activities of the agencies in
2-14     fulfilling the requirements of this section;
2-15                 (2)  identify landfills with gas recovery projects;
2-16                 (3)  state the amount of gas produced from landfill gas
2-17     recovery projects;
2-18                 (4)  state the amount of electricity generated from
2-19     landfill gas recovery projects;
2-20                 (5)  identify the environmental benefits of the
2-21     recovery and use of landfill gas; and
2-22                 (6)  identify any legal, administrative, economic, or
2-23     other obstacles to the further development and use of landfill gas.
2-24           (e)  This section expires September 1, 2007.
2-25           SECTION 2.  This Act takes effect September 1, 2001.