1-1     By:  Ramsay (Senate Sponsor - Sibley)                 H.B. No. 3483
 1-2           (In the Senate - Received from the House April 25, 2001;
 1-3     April 26, 2001, read first time and referred to Committee on
 1-4     Natural Resources; May 10, 2001, reported favorably by the
 1-5     following vote:  Yeas 4, Nays 0; May 10, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the creation, powers, and duties of the Clean Coal
 1-9     Technology Council.
1-11           SECTION 1.  Title 3, Government Code, is amended by adding
1-12     Subtitle D to read as follows:
1-15           Sec. 351.001.  LEGISLATIVE FINDINGS; STATE POLICY. (a)  The
1-16     legislature finds that:
1-17                 (1)  coal is an important fuel source for keeping the
1-18     price of electricity low in this state;
1-19                 (2)  evaluation of the environmental effectiveness and
1-20     economic viability of new emissions reduction technologies that
1-21     protect or improve air quality is necessary to protect the
1-22     environment and the public health, safety, and welfare;
1-23                 (3)  the diversity of fuel used to generate electricity
1-24     is a significant factor in providing reliable and economical energy
1-25     to residents of this state;
1-26                 (4)  the price of electricity generated with coal has
1-27     remained relatively unchanged over the past 20 years;
1-28                 (5)  the continued recovery and use of coal resources
1-29     are important to the economy of this state; and
1-30                 (6)  advancements in clean coal technology may
1-31     demonstrate that electricity from coal can be produced in a more
1-32     efficient, economical, and environmentally friendly manner.
1-33           (b)  It is the policy of this state that clean coal
1-34     technologies will be explored in order to:
1-35                 (1)  preserve fuel diversity and maintain reliable, low
1-36     cost sources of electric power;
1-37                 (2)  identify technologies for reducing the emissions
1-38     from existing coal-fired electric generation;
1-39                 (3)  identify technologies to increase the efficiency
1-40     of coal-fired electric generation; and
1-41                 (4)  identify new, cleaner coal-fired electric
1-42     generation technologies that may be used to provide new generation
1-43     capacity.
1-44           Sec. 351.002.  DEFINITIONS.  In this subchapter:
1-45                 (1)  "Council" means the Clean Coal Technology Council.
1-46                 (2)  "Coal" includes lignite.
1-47                 (3)  "Designated agency" means the state agency
1-48     designated by the council to provide administrative support to the
1-49     council.
1-50                 (4)  "Pilot project" means the voluntary application to
1-51     one or more facilities of new coal use technology designed to
1-52     reduce the emission of air pollutants.
1-54     TECHNOLOGY COUNCIL.  (a)  The Clean Coal Technology Council is
1-55     created to perform legislative oversight of, and to coordinate
1-56     actions of state agencies regarding, the study and development of
1-57     clean coal technology and pilot projects in this state.
1-58           (b)  The council is composed of:
1-59                 (1)  three members of the senate appointed by the
1-60     lieutenant governor, with one designated as co-chair of the
1-61     council;
1-62                 (2)  three members of the house of representatives
1-63     appointed by the speaker of the house of representatives, with one
1-64     designated as co-chair of the council;
 2-1                 (3)  a member of the public to be appointed by the
 2-2     lieutenant governor; and
 2-3                 (4)  a member of the public to be appointed by the
 2-4     speaker of the house of representatives.
 2-5           Sec. 351.004.  ADMINISTRATION.  (a)  Members of the council
 2-6     serve two-year terms expiring February 1 of each odd-numbered year
 2-7     and may be reappointed for additional terms.
 2-8           (b)  The council shall meet at a frequency to be determined
 2-9     by the council and at the call of the co-chairs.
2-10           (c)  The council may designate an appropriate state agency to
2-11     provide administrative support to the council.  The designated
2-12     agency shall provide, from its existing staff, the staff necessary
2-13     to assist the council in carrying out its responsibilities.  The
2-14     designated agency may request and distribute federal funding for
2-15     the use by the council in carrying out its responsibilities.
2-16           (d)  The council is subject to Chapters 551, 552, and 2001.
2-17           Sec. 351.005.  POWERS, DUTIES, INFORMATION, AND REPORTS OF
2-18     COUNCIL.  (a)  The council shall:
2-19                 (1)  coordinate the activities of the designated agency
2-20     with regard to clean coal technology charges of the council;
2-21                 (2)  provide direction to the designated agency  in its
2-22     activities regarding studying or developing clean coal technologies
2-23     or regarding the issuance of requests for proposals for a pilot
2-24     project in this state that may assist the council in evaluating
2-25     technologies, assessing economics, evaluating the environmental
2-26     benefits, seeking funding, evaluating the useful life of a pilot
2-27     project, or determining the importance of clean coal technologies
2-28     to energy policy;
2-29                 (3)  assess the potential utility of the use of
2-30     financial or other incentives for potential pilot projects;
2-31                 (4)  oversee the activities of the designated agency in
2-32     seeking public and private funding to support the activities of the
2-33     council and the financing of a pilot project;
2-34                 (5)  suggest reasonable projected durations for pilot
2-35     projects;
2-36                 (6)  file with the governor, lieutenant governor, and
2-37     the speaker of the house of representatives, before January 1 of
2-38     each odd-numbered year, a report of the council's activities during
2-39     the two preceding years and any recommendations for legislation
2-40     with regard to the pilot projects; and
2-41                 (7)  publish the report required by Subsection (a)(6).
2-42           (b)  The designated agency shall maintain a public file
2-43     relating to the council.
2-44           (c)  The designated agency shall make available to the public
2-45     a copy of any council report provided to the legislature.
2-46           SECTION 2.  Nothwithstanding Section 351.004(b), Government
2-47     Code, as added by this Act, the Clean Coal Technology Council shall
2-48     meet not less than once in each calendar quarter for the first year
2-49     after its members are appointed.
2-50           SECTION 3.  The terms of the initial members of the Clean
2-51     Coal Technology Council expire February 1, 2003.
2-52           SECTION 4.  This Act takes effect September 1, 2001.
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