Amend CSHB 2201 (committee printing) as follows:                             

(1)  On page 7, line 10, between "technology" and the 	underscored semicolon, insert "in a manner that meets the FutureGen 
project profile".
	(2)  On page 7, line 13, between "facility" and "in", insert 
"in a manner that meets the FutureGen project profile".
	(3)  On page 7, line 17, between "recovery" and the 
underscored comma, insert "in a manner that meets the FutureGen 
project profile".
	(4)  On page 7, line 22, strike "in order to complete" and 
substitute "to perform the sampling, analysis, or research 
necessary to submit".
	(5)  On page 8, strike lines 7-27 and on page 9, strike lines 
1-7 and substitute:
	SECTION 6.  Subchapter M, Chapter 5, Water Code, is amended 
by adding Section 5.558 to read as follows:
	Sec. 5.558.  CLEAN COAL PROJECT PERMITTING PROCEDURE.  (a)  
The United States Department of Energy may specify the FutureGen 
emissions profile for a project in that department's request for 
proposals or request for a contract.  If the United States 
Department of Energy does not specify in a request for proposals or 
a request for a contract the FutureGen emissions profile, the 
profile means emissions of air contaminants at a component of the 
FutureGen project that equal not more than:
		(1)  one percent of the average sulphur content of the 
coal or coals used for the generation of electricity at the 
component;
		(2)  10 percent of the average mercury content of the 
coal or coals used for the generation of electricity at the 
component;
		(3)  0.05 pounds of nitrogen oxides per million British 
thermal units of energy produced at the component; and
		(4)  0.005 pounds of particulate matter per million 
British thermal units of energy produced at the component.
	(b)  As authorized by federal law, the commission by rule 
shall implement reasonably streamlined processes for issuing 
permits required to construct a component of the FutureGen project 
designed to meet the FutureGen emissions profile.
	(c)  When acting under a rule adopted under Subsection (b), 
the commission shall use public meetings, informal conferences, or 
advisory committees to gather the opinions and advice of interested 
persons.
	(d)  A permit proceeding under the rules adopted under 
Subsection (b) is not a contested case hearing under Chapter 2001, 
Government Code, and is not subject to contested case hearing 
requirements of this chapter or Chapter 382, Health and Safety 
Code.
	(e)  This section does not apply to an application for a 
permit to construct or modify a new or existing coal-fired electric 
generating facility that will use pulverized or supercritical 
pulverized coal.
	SECTION 7.  Section 16.053, Water Code, is amended by adding 
Subsection (r) to read as follows:
	(r)  The board by rule shall provide for reasonable 
flexibility to allow for a timely amendment of a regional water 
plan, the board's approval of an amended regional water plan, and 
the amendment of the state water plan, to facilitate planning for 
water supplies reasonably required for a clean coal project, as 
defined by Section 5.001.  The rules may allow for amending a 
regional water plan without providing notice and without a public 
meeting or hearing under Subsection (h) if the amendment does not:
		(1)  significantly change the regional water plan, as 
reasonably determined by the board; or
		(2)  adversely affect other water management 
strategies in the regional water plan.
	(6)  On page 9, strike lines 16-23 and substitute:                             

by federal law, into a reservoir productive of oil, gas, or 
geothermal resources by a Class II injection well, or by a Class I 
injection well if required by federal law.
	(7)  Add the following SECTION to the bill, numbered 
appropriately, and renumber the subsequent SECTIONS of the bill 
accordingly:
	SECTION ____.  Subchapter B, Chapter 27, Water Code, is 
amended by adding Section 27.022 to read as follows:
	Sec. 27.022.  JURISDICTION OVER CARBON DIOXIDE INJECTION.  
The commission has jurisdiction over injection of carbon dioxide 
produced by a clean coal project, to the extent authorized by 
federal law, into a zone that is below the base of usable quality 
water and that is not productive of oil, gas, or geothermal 
resources by a Class II injection well, or by a Class I injection 
well if required by federal law.
	(8)  On page 10, line 1, strike "Section 5.558" and 
substitute "Sections 5.558 and 27.022".