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. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 3415 was passed by the House on April 20, 2001, by a non-record vote. _______________________________ Chief Clerk of the House I certify that H.B. No. 3415 was passed by the Senate on May 10, 2001, by the following vote: Yeas 29, Nays 0, 1 present, not voting. _______________________________ Secretary of the Senate APPROVED: __________________________ Date __________________________ Governor