80R10095 TAD-D

By: Anderson H.B. No. 2848

A BILL TO BE ENTITLED

AN ACT

relating to creating a task force to review electric energy generation policies and certain permits for operation of electric generation facilities and to study the state's long-term demand for electric generation capacity.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 31, Utilities Code, is amended by adding Section 31.006 to read as follows:

Sec. 31.006. ELECTRIC ENERGY AND ENVIRONMENTAL IMPACT TASK FORCE. (a) In this section, "task force" means the electric energy and environmental impact task force.

(b) The electric energy and environmental impact task force shall meet quarterly to:

(1) study the state's long-term demand for electric generation capacity and the infrastructure and technology available and necessary for meeting that demand;

(2) study the environmental effects of existing and proposed electric generating facilities;

(3) inventory all existing electric generating facilities operating in this state;

(4) review changes to state statutes, administrative rules and regulations, judicial decisions, and executive branch policies regarding electric energy generation; and

(5) as necessary and in accordance with Section 382.05171, Health and Safety Code, determine whether the issuance of a permit to operate an electric generating facility is necessary to meet the state's demand for electric generation capacity.

(c) The task force is composed of representatives of:

(1) the commission;

(2) the Texas Commission on Environmental Quality;

(3) ERCOT; and

(4) the Texas Water Development Board.

(d) The members of the task force shall elect a presiding officer from among the members and shall adopt rules governing the operation of the committee.

(e) All meetings of the task force shall be conducted in accordance with Chapter 551, Government Code.

(f) The task force may solicit and accept gifts, grants, and appropriations for purposes of this section.

SECTION 2. Subchapter C, Chapter 382, Health and Safety Code, is amended by adding Section 382.05171 to read as follows:

Sec. 382.05171. REVIEW OF ELECTRIC ENERGY AND ENVIRONMENTAL IMPACT TASK FORCE. (a) In this section, "task force" means the electric energy and environmental impact task force established under Section 31.006, Utilities Code.

(b) In addition to the requirements for obtaining a permit under this chapter, before the commission may issue a permit to operate an electric generating facility, the commission shall submit a copy of the application to the task force to determine whether the issuance of the permit is necessary to meet the state's demand for electric generation capacity.

(c) The commission may not grant a permit to operate an electric generating facility under this chapter if the task force determines that the issuance of the permit is not necessary to meet the state's demand for electric generation capacity.

SECTION 3. Section 382.05171, Health and Safety Code, as added by this Act, applies only to an application for a permit to operate an electric generating facility for which the Texas Commission on Environmental Quality has not issued a permit before the effective date of this Act.

SECTION 4. Not later than October 1, 2007, the electric energy and environmental impact task force established under Section 31.006, Utilities Code, as added by this Act, shall conduct an organizational meeting.

SECTION 5. 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.