|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to incentives for and the regulation of biofuel production |
|
|
and distribution in this state. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 16, Agriculture Code, is amended by |
|
|
adding Section 16.007 to read as follows: |
|
|
Sec. 16.007. REGULATION OF FUEL ETHANOL OR BIODIESEL IN A |
|
|
MANNER MORE STRINGENT THAN FEDERAL LAW. (a) In this section, |
|
|
"state agency" has the meaning assigned by Section 315.002, |
|
|
Government Code. |
|
|
(b) Except as provided by this section, a state agency may |
|
|
not adopt or implement rules in a manner that restricts the |
|
|
production or distribution of fuel ethanol or biodiesel if the |
|
|
rules impose a restriction more stringent than federal law |
|
|
provides. |
|
|
(c) After May 1, 2009, Subsection (b) does not apply to a |
|
|
rule adopted by the Texas Commission on Environmental Quality if |
|
|
that commission determines that, without imposing the restriction |
|
|
provided by the rule, emissions generated by using fuel ethanol or |
|
|
biodiesel will materially jeopardize compliance with the state |
|
|
implementation plan for attaining national ambient air quality |
|
|
standards. |
|
|
SECTION 2. 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. |