1-1     By:  McClendon (Senate Sponsor - Barrientos)          H.B. No. 3415
 1-2           (In the Senate - Received from the House April 23, 2001;
 1-3     April 24, 2001, read first time and referred to Committee on
 1-4     Natural Resources; May 2, 2001, reported favorably by the following
 1-5     vote:  Yeas 6, Nays 0; May 2, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the development and use of landfill gas for state
 1-9     energy and environmental purposes.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Subchapter B, Chapter 361, Health and Safety
1-12     Code, is amended by adding Section 361.040 to read as follows:
1-13           Sec. 361.040.  DEVELOPMENT AND USE OF LANDFILL GAS. (a)  The
1-14     legislature finds that:
1-15                 (1)  there are many municipal solid waste landfills in
1-16     this state that produce economically recoverable amounts of methane
1-17     gas;
1-18                 (2)  those landfills currently generate approximately
1-19     100 million cubic feet of methane gas per day;
1-20                 (3)  cost-effective recovery of landfill gas will have
1-21     both environmental and economic benefits; and
1-22                 (4)  it is in the state's interest to encourage and
1-23     assist the development and use of landfill gas in a timely fashion.
1-24           (b)  The commission and the Public Utility Commission of
1-25     Texas  shall jointly promote the economic development and use of
1-26     landfill gas by, at a minimum:
1-27                 (1)  publicizing agency information on identified
1-28     landfills with the potential for economic landfill gas development,
1-29     including an estimate of that potential;
1-30                 (2)  assisting gas developers, landfill owners and
1-31     operators, electric utilities, and gas utilities in exploring
1-32     partnership opportunities with regard to landfill gas; and
1-33                 (3)  establishing a clearinghouse of information on
1-34     landfill gas development and use.
1-35           (c)  If the commission requires a person to register with the
1-36     commission before undertaking landfill gas recovery activities, the
1-37     commission shall give priority to processing applications for
1-38     registration.
1-39           (d)  The commission and the Public Utility Commission of
1-40     Texas  shall jointly report to the legislature by November 1 of
1-41     2002, 2004, and 2006 on the status of the development of landfill
1-42     gas in this state.  Each report shall:
1-43                 (1)  summarize the activities of the agencies in
1-44     fulfilling the requirements of this section;
1-45                 (2)  identify landfills with gas recovery projects;
1-46                 (3)  state the amount of gas produced from landfill gas
1-47     recovery projects;
1-48                 (4)  state the amount of electricity generated from
1-49     landfill gas recovery projects;
1-50                 (5)  identify the environmental benefits of the
1-51     recovery and use of landfill gas; and
1-52                 (6)  identify any legal, administrative, economic, or
1-53     other obstacles to the further development and use of landfill gas.
1-54           (e)  This section expires September 1, 2007.
1-55           SECTION 2.  This Act takes effect September 1, 2001.
1-56                                  * * * * *