This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.
Amend CSHB 2201 (committee printing) as follows:
(1) Strike SECTION 6 of the bill (page 4, lines 2 through 15)
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. (a) 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.
(b) When acting under a rule adopted under Subsection (a),
the commission shall use public meetings, informal conferences, or
advisory committees to gather the opinions and advice of interested
persons.
(c) A permit proceeding under the rules adopted under
Subsection (a) is not a contested case hearing under Chapter 2001,
Government Code, and is not subject to contested case hearing
requirements of this chapter, Chapter 382, Health and Safety Code,
or other law.
(2) Add a new section to the bill, numbered appropriately,
to read:
SECTION __. Subchapter C, Chapter 382, Health and Safety
Code, is amended by adding Section 382.0565 to read as follows:
Sec. 382.0565. 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, as defined by Section 5.001, Water Code, 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, Chapter 5, Water Code, or other law.
(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.