80R2547 SMH-D
 
  By: Gallego H.B. No. 2320
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to a temporary moratorium on authorizations for certain
coal-fired electric generating facilities.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  The legislature finds that:
             (1)  it is in the public interest to adopt an integrated
energy plan for this state that provides for this state's
electricity generation needs, protects the health and safety of the
residents of this state, and protects the products produced in this
state;
             (2)  there is a need for the study of and information
about matters pertaining to energy development, including its
effects on air and water quality, existing industries, and the
allocation of water resources;
             (3)  certain coal-fired electric generating facilities
may have a significant negative effect on the health, safety, and
welfare of this state's population, the quality and financial
security of this state's agricultural businesses and industries,
the economic growth of this state, and the environmental quality
and natural resources of this state; and
             (4)  to better understand the environmental and
economic effects of coal-fired electric generating facilities, it
is in the public interest to place a two-year moratorium on
authorizations for certain coal-fired electric generating
facilities.
       SECTION 2.  (a)  In this section, "modification of existing
facility" has the meaning assigned by Section 382.003, Health and
Safety Code.
       (b)  Until the second anniversary of the effective date of
this Act, the Texas Commission on Environmental Quality, a
municipality, or a county may not accept an application for, issue,
or renew a permit, permit amendment, license, variance, or other
authorization for or in connection with:
             (1)  the construction of a new coal-fired electric
generating facility; or
             (2)  the modification of an existing coal-fired
electric generating facility.
       (c)  This section applies to the issuance or renewal of a
permit, permit amendment, license, variance, or other
authorization regardless of whether the application for the
authorization is pending on the effective date of this Act.
       (d)  This section does not apply to the construction of a new
electric generating facility that will use integrated gasification
combined cycle technology.
       SECTION 3.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2007.