By Ramsay H.B. No. 3483
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, powers, and duties of the Texas Clean
1-3 Coal Technology Council.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 3, Government Code, is amended by adding
1-6 Subtitle D to read as follows:
1-7 SUBTITLE D. LEGISLATIVE OVERSIGHT AND ADVISORY COMMITTEES
1-8 CHAPTER 351. CLEAN COAL TECHNOLOGY COUNCIL
1-9 Sec. 351.001. LEGISLATIVE FINDINGS. (a) The Legislature
1-10 finds that:
1-11 (1) whereas coal is found to be an important fuel
1-12 source for keeping the price of electricity low in the state of
1-13 Texas;
1-14 (2) continued protection of the state's environment,
1-15 public health and welfare requires that new emissions reduction
1-16 technologies that protect and improve air quality be evaluated for
1-17 their environmental effectiveness and economic viability;
1-18 (3) the diversity of fuel used to generate electricity
1-19 is a significant factor in providing reliable, and economical
1-20 energy to the citizens of Texas;
1-21 (4) the price of electricity generated with coal has
1-22 remained relatively unchanged over the past 20 years;
1-23 (5) the continued recovery and utilization of coal
2-1 resources are important to the Texas economy;
2-2 (6) advancements in clean coal technology may
2-3 demonstrate that electricity from coal can be produced in a more
2-4 efficient, economical, and environmentally friendly manner.
2-5 (b) The Legislature determines that, consistent with the
2-6 protection of the public health and welfare, the protection of air
2-7 quality, the protection of the environment, the operation of
2-8 existing industries, the enhancement of the long-term economic
2-9 health and the improved reliability of electric generation in the
2-10 State, is the goal of this State's energy policy that technologies
2-11 be explored to increase the efficiencies and decrease the emissions
2-12 from electricity generated by coal.
2-13 (c) It is the policy of this State that clean coal
2-14 technologies will be explored in order to:
2-15 (1) preserve fuel diversity and maintain reliable, low
2-16 cost sources of electric power;
2-17 (2) identify technologies for reducing the emissions
2-18 from existing coal-fired electric generation; and
2-19 (3) identify new, cleaner coal-fired electric
2-20 generation technologies that may be used to provide new generation
2-21 capacity.
2-22 Sec. 351.002. DEFINITIONS. In this subchapter:
2-23 (1) "Council" means the Texas Clean Coal Technology
2-24 Council.
2-25 (2) "Coal" means lignite and/or coal.
2-26 (3) "Designated Agency" means the State agency
3-1 designated by the Council to provide administrative support to
3-2 Council.
3-3 (4) "Pilot Projects" means the voluntary application
3-4 of new coal utilization technology on existing or new facilities
3-5 designed to reduce the emission of air pollutants.
3-6 Sec. 351.003. CREATION AND MEMBERSHIP OF THE TEXAS CLEAN
3-7 COAL TECHNOLOGY COUNCIL. (a) The Texas Clean Coal Technology
3-8 Council is created with legislative oversight to coordinate actions
3-9 for the study and development of clean coal technology Pilot
3-10 Projects in this State.
3-11 (b) The Council is composed of:
3-12 (1) three State Senators to be appointed by the Lt.
3-13 Governor, with one being designated as Co-chair;
3-14 (2) three State Representatives to be appointed by the
3-15 Speaker of the House, with one being designated as Co-chair;
3-16 (3) a member of the public to be appointed by the Lt.
3-17 Governor; and
3-18 (4) a member of the public to be appointed by the
3-19 Speaker of the House.
3-20 Sec. 351.004. ADMINISTRATION. (a) Members of the Council
3-21 shall be appointed for 2 year terms and may be reappointed for
3-22 additional terms;
3-23 (b) The Council shall meet not less than once each calendar
3-24 quarter for the first year, and at a frequency to be determined by
3-25 the council thereafter, at a time determined by the Council and at
3-26 the call of the Co-chairs.
4-1 (c) An appropriate state agency shall be designated by the
4-2 Council as being responsible for administering the Council. The
4-3 designated agency shall provide, from its existing staff, the staff
4-4 necessary to assist the Council in carrying out its
4-5 responsibilities. This agency shall have the authority to request
4-6 and distribute federal funding for the use by the Council in
4-7 carrying out its responsibilities.
4-8 (d) The Council is subject to the Administrative Procedure
4-9 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
4-10 Statutes), the Open Meetings Law, Chapter 271, Acts of the 60th
4-11 Legislature, Regular Session, 1967 (Article 6252-17, Vernon's Texas
4-12 Civil Statutes), and the Open Records Law, Chapter 424, Acts of the
4-13 63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
4-14 Texas Civil Statutes).
4-15 Sec. 351.005. POWERS, DUTIES, INFORMATION AND REPORTS OF
4-16 COUNCIL. (a) The Council shall:
4-17 (1) coordinate the activities of the designated agency
4-18 with regard to the specific Clean Coal Technology charges of this
4-19 Council;
4-20 (2) provide direction to the designated agency to
4-21 study, develop, and promulgate Requests for Proposals for Pilot
4-22 Projects in Texas that will assist the Council in evaluating
4-23 technologies, assessing economics, evaluating the environmental
4-24 benefits, seeking funds, evaluating the useful life of Pilot
4-25 Projects, and determining the importance of Clean Coal Technologies
4-26 to energy policy in Texas. Requests for Proposals shall include an
5-1 assessment of the potential for the use of financial and other
5-2 incentives for potential respondents;
5-3 (3) provide oversight to the designated agency in seek
5-4 public and private funding to support the activities of the Council
5-5 and the financing of Pilot Projects;
5-6 (4) determine a reasonable projected duration for the
5-7 Pilot Projects;
5-8 (5) file with the Governor, Lieutenant Governor,
5-9 Speaker of the House of Representatives and Legislature, before the
5-10 date that the next Regular Session convenes, a report of the
5-11 Council's activities during the two proceeding years and any
5-12 recommendations for legislation deemed necessary with regard to the
5-13 pilot projects; and
5-14 (6) publish the report required by Subsection (a)(5)
5-15 of this Section.
5-16 (b) The designated state agency having the responsibility
5-17 for administering the Clean Coal Technology Council shall maintain
5-18 a public file relating to the Council.
5-19 (c) The designated agency having responsibility for
5-20 administering the Clean Coal Technology Council shall make
5-21 available to the public a copy of any Council report that is
5-22 provided to the Legislature.
5-23 SECTION 2. This Act takes effect September 1, 2001.