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A BILL TO BE ENTITLED
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AN ACT
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relating to a temporary moratorium on permits for certain |
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coal-fired electric generating facilities and to a contemporaneous |
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study of the projected demand for electric generating capacity in |
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this state and the potential for and consequences of reducing or |
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meeting that demand by various means. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. DEFINITIONS. In this Act: |
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(1) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(2) "Modification of existing facility" has the |
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meaning assigned by Section 382.003, Health and Safety Code. |
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SECTION 2. TEMPORARY MORATORIUM. (a) Until the second |
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anniversary of the effective date of this Act, the commission may |
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not accept an application for, issue, or renew a permit or permit |
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amendment for: |
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(1) the construction of a new pulverized coal-fired |
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electric generating facility; or |
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(2) the modification of an existing pulverized |
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coal-fired electric generating facility. |
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(b) This section applies to the issuance or renewal of a |
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permit or permit amendment regardless of whether the application |
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for the permit or permit amendment is pending on the effective date |
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of this Act. |
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SECTION 3. STUDY AND REPORT. (a) The commission shall |
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conduct a study of: |
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(1) this state's demand for electric generation |
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capacity for the next 10 years; |
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(2) the potential for reducing that demand through |
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conservation and other means; |
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(3) the potential for meeting that demand through |
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renewable energy electric generation technology; |
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(4) the environmental effects of meeting that demand |
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by means of the various existing and proposed electric generation |
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technologies, including the effects on air quality in |
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nonattainment, near nonattainment, and early action compact areas; |
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(5) the effects on rates for electricity of meeting |
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that demand by means of the various existing and proposed electric |
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generation technologies; and |
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(6) any other related matters as determined by the |
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commission. |
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(b) The commission may consult with the Electric |
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Reliability Council of Texas and the Public Utility Commission of |
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Texas in conducting the study. |
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(c) Not later than the second anniversary of the effective |
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date of this Act, the commission shall submit a report of the |
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results of the study to the legislature. |
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SECTION 4. EFFECTIVE DATE. This Act takes effect |
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immediately if it receives a vote of two-thirds of all the members |
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elected to each house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect September 1, 2007. |