By: Dunnam H.B. No. 3655

A BILL TO BE ENTITLED

AN ACT

relating to a moratorium on the issuance of air contaminant emissions permits for certain electric generating facilities that may impair this state's efforts to host the United States Department of Energy FutureGen clean coal technology project.

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

SECTION 1. (a) Notwithstanding any other law, the Texas Commission on Environmental Quality may not issue a new air contaminant emissions permit for a coal-fired electric generating facility unless the commission receives an official determination of the Office of Public Utility Counsel that the issuance of the permit has no potential to affect negatively this state's application to receive a grant from the United States Department of energy FutureGen clean coal electric generation technology project.

(b) The commission by rule shall provide for the office to receive notice of an necessary information concerning an application for an air contaminant emissions permit.

(c) The applicant for a permit described by Subsection (a) of this section has the burden of proving to the Office of Public Utility Counsel by clear and convincing evidence that the issuance of the permit has no potential to affect negatively this state's application to receive a grant described by that subsection.

(d) In making a determination under Subsection (a) of this section regarding an application for an air contaminant emissions permit, the Office of Public Utility Counsel must consider whether:

(1) the permit and other pending air contaminant emissions permits for coal-fired electric generating facilities together may affect negatively this state's status as the applicant that presents the best value among applicants to receive a FutureGen grant from the United States Department of Energy; and

(2) issuing the permit and any other pending air contaminant emissions permits for coal-fired electric generating facilities will decrease the potential to replicate the benefits of a FutureGen clean coal electric generating technology facility because of a reduced need for base load electric generating capacity when replication of those benefits would be desirable.

SECTION 2. When the United States Department of Energy finally awards FutureGen funds to a state, the Office of the Governor shall notify the Texas Commission on Environmental Quality of that fact. On the date the commission receives the governor's notice under this section, this Act expires.

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.