| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to monitoring and testing in connection with mercury |
|
|
emissions from coal-fired electric generating facilities. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter C, Chapter 382, Health and Safety |
|
|
Code, is amended by adding Section 382.05145 to read as follows: |
|
|
Sec. 382.05145. MONITORING AND TESTING IN CONNECTION WITH |
|
|
MERCURY EMISSIONS FROM COAL-FIRED ELECTRIC GENERATING FACILITIES. |
|
|
(a) The commission shall: |
|
|
(1) monitor the wet deposition of mercury in any |
|
|
waterway in the vicinity of a coal-fired electric generating |
|
|
facility; and |
|
|
(2) annually publish a report on the results of the |
|
|
monitoring. |
|
|
(b) The Department of State Health Services periodically |
|
|
shall test for mercury contamination a sample of the fish in the |
|
|
vicinity of each mercury deposition testing unit. |
|
|
(c) The commission shall impose a fee on each holder of a |
|
|
permit for a coal-fired electric generating facility in an amount |
|
|
sufficient to recover the costs to the commission and the |
|
|
Department of State Health Services of implementing this section. |
|
|
(d) The commission and the Department of State Health |
|
|
Services jointly shall adopt rules to implement this section. |
|
|
SECTION 2. Section 382.0622, Health and Safety Code, is |
|
|
amended by amending Subsections (a) and (b) and adding Subsection |
|
|
(f) to read as follows: |
|
|
(a) Clean Air Act fees consist of: |
|
|
(1) fees collected by the commission under Sections |
|
|
382.05145, 382.062, 382.0621, 382.202, and 382.302 and as otherwise |
|
|
provided by law; and |
|
|
(2) $2 of each advance payment collected by the |
|
|
Department of Public Safety for inspection certificates for |
|
|
vehicles other than mopeds under Section 548.501, Transportation |
|
|
Code. |
|
|
(b) Except as provided by Subsections (b-1), [and] (e), and |
|
|
(f), Clean Air Act fees shall be deposited in the state treasury to |
|
|
the credit of the clean air account and shall be used to safeguard |
|
|
the air resources of the state. |
|
|
(f) Fees collected by the commission under Section |
|
|
382.05145 shall be transferred on receipt to the credit of a |
|
|
subaccount of the clean air account. Money in the subaccount may |
|
|
not be commingled with any other fees in the clean air account or |
|
|
with any other money in the state treasury. Money in the subaccount |
|
|
may be appropriated only to the commission and the Department of |
|
|
State Health Services to implement Section 382.05145. The |
|
|
subaccount is exempt from the application of Section 403.095, |
|
|
Government Code. Interest earned on money in the subaccount is |
|
|
credited to the subaccount. |
|
|
SECTION 3. This Act takes effect September 1, 2007. |