80R8634 CBH-D
 
  By: Burnam H.B. No. 3909
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to requiring a preference for the use of less-polluting
electric generating facilities.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 39.151, Utilities Code, is amended by
adding Subsection (n) to read as follows:
       (n)  The commission by rule shall require the independent
organization to implement dispatch protocols that give priority to
power:
             (1)  generated by facilities that have the lowest
weighted average emissions or production of pollutants, as
determined from information provided to the commission under
Section 39.351(d); and
             (2)  that is priced at an amount that does not exceed
110 percent of the lowest price of any power generated on that day
by a generator in the power region.
       SECTION 2.  Section 39.351, Utilities Code, is amended by
adding Subsection (d) to read as follows:
       (d)  A power generation company annually shall report to the
commission for each generating facility the weight in tons or
pounds, as appropriate, of the following air contaminants emitted
or produced for each megawatt hour of electric energy generated by
the facility during the previous year:
             (1)  sulphur oxides;
             (2)  nitrogen oxides;
             (3)  particulate matter;
             (4)  mercury;
             (5)  carbon dioxide; and
             (6)  radioactive waste.
       SECTION 3.  (a)  The Public Utility Commission of Texas shall
require the Electric Reliability Council of Texas to implement
dispatch protocols as required by Section 39.151(n), Utilities
Code, as added by this Act, not later than November 1, 2007.
       (b)  The Public Utility Commission of Texas shall require
each power generation company to file the report required by
Section 39.351(d), Utilities Code, as added by this Act, not later
than October 1, 2007.
       SECTION 4.  This Act takes effect September 1, 2007.