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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".