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A BILL TO BE ENTITLED
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AN ACT
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relating to a temporary moratorium on authorizations for certain |
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coal-fired electric generating facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The legislature finds that: |
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(1) it is in the public interest to adopt an integrated |
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energy plan for this state that provides for this state's |
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electricity generation needs, protects the health and safety of the |
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residents of this state, and protects the products produced in this |
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state; |
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(2) there is a need for the study of and information |
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about matters pertaining to energy development, including its |
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effects on air and water quality, existing industries, and the |
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allocation of water resources; |
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(3) certain coal-fired electric generating facilities |
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may have a significant negative effect on the health, safety, and |
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welfare of this state's population, the quality and financial |
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security of this state's agricultural businesses and industries, |
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the economic growth of this state, and the environmental quality |
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and natural resources of this state; and |
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(4) to better understand the environmental and |
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economic effects of coal-fired electric generating facilities, it |
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is in the public interest to place a two-year moratorium on |
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authorizations for certain coal-fired electric generating |
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facilities. |
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SECTION 2. (a) In this section, "modification of existing |
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facility" has the meaning assigned by Section 382.003, Health and |
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Safety Code. |
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(b) Until the second anniversary of the effective date of |
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this Act, the Texas Commission on Environmental Quality, a |
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municipality, or a county may not accept an application for, issue, |
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or renew a permit, permit amendment, license, variance, or other |
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authorization for or in connection with: |
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(1) the construction of a new coal-fired electric |
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generating facility; or |
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(2) the modification of an existing coal-fired |
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electric generating facility. |
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(c) This section applies to the issuance or renewal of a |
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permit, permit amendment, license, variance, or other |
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authorization regardless of whether the application for the |
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authorization is pending on the effective date of this Act. |
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(d) This section does not apply to the construction of a new |
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electric generating facility that will use integrated gasification |
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combined cycle technology. |
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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. |