By: Brimer, Harris S.B. No. 1177

Substitute the following for S.B. No. 1177:

By: HancockC.S.S.B. No. 1177C.S.S.B. No. 1177 Hancock C.S.S.B. No. 1177

A BILL TO BE ENTITLED

AN ACT

relating to a pilot test of an advanced control technology for the reduction of nitrogen oxides emissions.

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

SECTION 1. PILOT TEST CONCERNING SELECTIVE TECHNOLOGIES FOR THE REDUCTION OF NITROGEN OXIDES EMISSIONS. (a) The Texas Commission on Environmental Quality shall select one cement kiln for the purpose of conducting a pilot test to determine the effectiveness of selective technologies as an advanced control technology for reducing the nitrogen oxides emissions from the cement kiln. The Texas Commission on Environmental Quality shall select from among various available technologies a control technology for testing required by this subsection.

(b) The Texas Commission on Environmental Quality shall:

(1) conduct a feasibility study, design, supervise, and monitor the testing required by Subsection (a) of this section in consultation with:

(A) technology vendors;

(B) the owner or operator of the cement kiln selected for testing under Subsection (a) of this section;

(C) the presiding officer of a regional council of government of the region in which the cement kiln is located; and

(D) a representative of a citizen group that is active within the region in which the cement kiln is located;

(2) verify the accuracy of the results of the testing;

(3) compare:

(A) the tested technology to other technologies; and

(B) the total amount of nitrogen oxides normally emitted from the cement kiln to the total amount of nitrogen oxides emitted from the cement kiln during the test period; and

(4) award the project based on a competitive process.

(c) The Texas Commission on Environmental Quality may accept and hold a gift or grant conditioned on its use for testing advanced controls for nitrogen oxides emissions from cement kilns and use such gifts or grants without an appropriation for the pilot test under this section. The commission may not accept or hold a gift or grant described by this subsection that originates from a source affiliated in any way with a nitrogen oxides emissions technology provider.

(d) The Texas Commission on Environmental Quality shall:

(1) not later than December 31, 2008, complete the selective technology testing required under Subsection (a) of this section; and

(2) not later than January 1, 2009, prepare and deliver to each member of the legislature a report describing:

(A) the results of the testing, including whether any reduction in nitrogen oxides emissions resulted from the use of the selective technology; and

(B) the costs involved in the installation, use, and maintenance of the selective technology.

SECTION 2. EFFECTIVE DATE. 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.