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.
 1-5           SECTION 1.  Title 3, Government Code, is amended by adding
 1-6     Subtitle D to read as follows:
 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.
 3-7     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.