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A BILL TO BE ENTITLED
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AN ACT
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relating to a moratorium on the issuance of air contaminant |
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emissions permits for certain electric generating facilities that |
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may impair this state's efforts to host the United States |
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Department of Energy FutureGen clean coal technology project. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) Notwithstanding any other law, the Texas |
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Commission on Environmental Quality may not issue a new air |
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contaminant emissions permit for a coal-fired electric generating |
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facility unless the commission receives an official determination |
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of the Office of Public Utility Counsel that the issuance of the |
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permit has no potential to affect negatively this state's |
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application to receive a grant from the United States Department of |
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energy FutureGen clean coal electric generation technology |
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project. |
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(b) The commission by rule shall provide for the office to |
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receive notice of an necessary information concerning an |
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application for an air contaminant emissions permit. |
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(c) The applicant for a permit described by Subsection (a) |
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of this section has the burden of proving to the Office of Public |
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Utility Counsel by clear and convincing evidence that the issuance |
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of the permit has no potential to affect negatively this state's |
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application to receive a grant described by that subsection. |
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(d) In making a determination under Subsection (a) of this |
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section regarding an application for an air contaminant emissions |
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permit, the Office of Public Utility Counsel must consider whether: |
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(1) the permit and other pending air contaminant |
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emissions permits for coal-fired electric generating facilities |
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together may affect negatively this state's status as the applicant |
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that presents the best value among applicants to receive a |
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FutureGen grant from the United States Department of Energy; and |
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(2) issuing the permit and any other pending air |
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contaminant emissions permits for coal-fired electric generating |
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facilities will decrease the potential to replicate the benefits of |
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a FutureGen clean coal electric generating technology facility |
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because of a reduced need for base load electric generating |
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capacity when replication of those benefits would be desirable. |
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SECTION 2. When the United States Department of Energy |
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finally awards FutureGen funds to a state, the Office of the |
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Governor shall notify the Texas Commission on Environmental Quality |
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of that fact. On the date the commission receives the governor's |
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notice under this section, this Act expires. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |