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.