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Amend CSSB 1016 (house committee printing) by adding the
following appropriately numbered SECTIONS to Article 4 of the bill
and renumbering subsequent SECTIONS of that Article accordingly:
SECTION 4.____. Title 3, Agriculture Code, is amended by
adding Chapter 50D to read as follows:
CHAPTER 50D. TEXAS BIOENERGY POLICY COUNCIL AND TEXAS BIOENERGY
RESEARCH COMMITTEE
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 50D.001. PURPOSE. The purpose of the Texas Bioenergy
Policy Council and the Texas Bioenergy Research Committee is to
promote the goal of making biofuels a significant part of the energy
industry in this state not later than January 1, 2019.
Sec. 50D.002. DEFINITIONS. In this chapter:
(1) "Alternative chemical feedstock" means a
feedstock that is produced by a thermochemical process that
converts alternative sources of fuel, including biomass, or other
renewable sources, to a raw material to be used in the chemical
manufacturing process.
(2) "Policy council" means the Texas Bioenergy Policy
Council.
(3) "Research committee" means the Texas Bioenergy
Research Committee.
Sec. 50D.003. ADMINISTRATIVE SUPPORT. The department:
(1) shall provide administrative support, including
staff, to the policy council; and
(2) may allocate appropriate administrative support
to the research committee.
[Sections 50D.004-50D.010 reserved for expansion]
SUBCHAPTER B. TEXAS BIOENERGY POLICY COUNCIL
Sec. 50D.011. COMPOSITION. (a) The policy council is
composed of the following 18 members:
(1) the commissioner, who serves as chair of the
policy council;
(2) one representative of the Railroad Commission of
Texas;
(3) one representative of the Texas Commission on
Environmental Quality;
(4) one representative of the Public Utility
Commission of Texas;
(5) one representative of the Texas Water Development
Board;
(6) the chancellor of The Texas A&M University System,
or the person designated by the chancellor;
(7) the chancellor of the Texas Tech University
System, or the person designated by the chancellor;
(8) the chancellor of The University of Texas System,
or the person designated by the chancellor;
(9) one member of the senate appointed by the
lieutenant governor;
(10) one member of the house of representatives
appointed by the speaker of the house of representatives; and
(11) eight members appointed by the governor, with
each of the following industries or groups represented by one
member:
(A) research and development of feedstock and
feedstock production;
(B) retail distribution of energy;
(C) transportation of biomass feedstock;
(D) agricultural production for bioenergy
production or agricultural waste used for production of bioenergy;
(E) production of biodiesel from nonfood
feedstocks;
(F) production of ethanol from nonfood
feedstocks;
(G) bio-based electricity generation; and
(H) chemical manufacturing.
(b) The eight members of the policy council appointed by the
governor serve at the governor's pleasure and have two-year
staggered terms, with the terms of either three or four members
expiring on January 1 of each year.
(c) The governor shall fill any vacancy in a position
appointed by the governor for the remainder of the unexpired term.
(d) Appointments to the policy council must be made without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointees.
(e) The policy council is subject to Chapters 551 and 2001,
Government Code.
Sec. 50D.012. REMOVAL OF POLICY COUNCIL MEMBERS. (a) A
member of the policy council may be removed from the policy council
if the member:
(1) is not able to devote the time necessary to perform
the member's duties as a member;
(2) cannot because of illness or disability discharge
the member's duties or cannot discharge those duties for a
substantial part of the term for which the member is appointed; or
(3) is absent from more than half of the regularly
scheduled policy council meetings that the member is eligible to
attend during a calendar year, unless the absence is excused by a
majority vote of the policy council.
(b) An action of the policy council is not invalid because a
ground for removal of a policy council member exists at the time the
action is taken.
(c) If the commissioner has knowledge that a potential
ground for removal of a policy council member exists, the
commissioner shall notify the governor and attorney general of the
potential ground for removal.
Sec. 50D.013. DUTIES OF POLICY COUNCIL. (a) The policy
council shall:
(1) provide a vision for unifying this state's
agricultural, energy, and research strengths in a successful launch
of a cellulosic biofuel and bioenergy industry;
(2) foster development of cellulosic-based and
bio-based fuels and build on the Texas emerging technology fund's
investments in leading-edge energy research and efforts to
commercialize the production of bioenergy;
(3) pursue the creation of a next-generation biofuels
energy research program at a university in this state;
(4) work to procure federal and other funding to aid
this state in becoming a bioenergy leader;
(5) study the feasibility and economic development
effect of a blending requirement for biodiesel or cellulosic fuels;
(6) pursue the development and use of thermochemical
process technologies to produce alternative chemical feedstocks;
(7) study the feasibility and economic development of
the requirements for pipeline-quality, renewable natural gas; and
(8) perform other advisory duties as requested by the
commissioner regarding the responsible development of bioenergy
resources in this state.
(b) The policy council shall meet regularly as necessary at
the call of the commissioner.
Sec. 50D.014. REIMBURSEMENT OF EXPENSES. A member of the
policy council may not receive compensation for service on the
council. Subject to availability of funds, a policy council member
may receive reimbursement for the actual and necessary expenses
incurred while conducting policy council business.
Sec. 50D.015. COORDINATION WITH FEDERAL GOVERNMENT ON
BIOENERGY POLICY. (a) In this section, "state agency" has the
meaning assigned by Section 315.002, Government Code.
(b) The policy council shall take reasonable steps to track
the development of federal bioenergy policy and provide information
relating to federal regulatory developments to each affected state
agency.
(c) Not later than October 1, 2009, the Texas Commission on
Environmental Quality shall request a determination by the United
States Environmental Protection Agency that this state will not
lose nitrogen oxide emission reduction credits currently
recognized as part of the state implementation plan if:
(1) this state allows the use of biodiesel and
biodiesel blends with no additives; and
(2) the final blend of fuel complies with state and
federal standards for cetane and aromatic hydrocarbon content.
(d) If the Texas Commission on Environmental Quality
receives a determination from the United States Environmental
Protection Agency that this state will not lose nitrogen oxide
emission reduction credits as a result of the use of biodiesel or
biodiesel blends with no additives, or if the commission
independently makes that determination, the commission may not
adopt or implement rules that restrict the production or
distribution of biodiesel or biodiesel blends in a manner more
stringent than provided by federal law.
[Sections 50D.016-50D.020 reserved for expansion]
SUBCHAPTER C. TEXAS BIOENERGY RESEARCH COMMITTEE
Sec. 50D.021. COMPOSITION. (a) The research committee is
composed of the following 16 members:
(1) the commissioner or the person designated by the
commissioner, who serves as the chair of the research committee;
(2) one representative of the Railroad Commission of
Texas;
(3) one representative of the Texas Commission on
Environmental Quality;
(4) one representative of the Public Utility
Commission of Texas;
(5) one representative of the Texas Water Development
Board;
(6) one researcher or specialist in the bioenergy
field from each of the following university systems, appointed by
the chancellor of the system:
(A) The Texas A&M University System;
(B) the Texas Tech University System; and
(C) The University of Texas System; and
(7) eight members, with a member appointed by each
policy council member appointed by the governor under Section
50D.011(a)(11).
(b) The eight members of the research committee appointed
under Subsection (a)(7) serve at the governor's pleasure and have
two-year staggered terms, with the terms of either three or four
members expiring on January 1 of each year.
(c) The governor shall fill any vacancy in a position
appointed under Subsection (a)(7) for the remainder of the
unexpired term.
(d) Appointments to the research committee must be made
without regard to the race, color, disability, sex, religion, age,
or national origin of the appointees.
(e) The research committee is subject to Chapters 551 and
2001, Government Code.
Sec. 50D.022. REMOVAL OF RESEARCH COMMITTEE MEMBERS. (a) A
member of the research committee may be removed from the research
committee if the member:
(1) is not able to devote the time necessary to perform
the member's duties as a member;
(2) cannot because of illness or disability discharge
the member's duties or cannot discharge those duties for a
substantial part of the term for which the member is appointed; or
(3) is absent from more than half of the regularly
scheduled committee meetings that the member is eligible to attend
during a calendar year, unless the absence is excused by a majority
vote of the committee.
(b) An action of the research committee is not invalid
because a ground for removal of a committee member exists at the
time the action is taken.
(c) If the commissioner has knowledge that a potential
ground for removal of a committee member exists, the commissioner
shall notify the governor and attorney general of the potential
ground for removal.
Sec. 50D.023. PURPOSES AND DUTY OF RESEARCH COMMITTEE. (a)
The research committee is a research consortium among academic and
technical research leadership, with active involvement by all
sectors of the economy interested in bioenergy development.
(b) The research committee shall:
(1) identify and research appropriate and desirable
biomass feedstock for each geographic region of this state;
(2) investigate logistical challenges to the
planting, harvesting, and transporting of large volumes of biomass
and provide recommendations to the policy council that will aid in
overcoming barriers to the transportation, distribution, and
marketing of bioenergy;
(3) identify strategies for and obstacles to the
potential transition of the agriculture industry in western regions
of this state to dryland bioenergy crops that are not dependent on
groundwater resources;
(4) explore regions of this state, including coastal
areas, that may contain available marginal land for use in growing
bioenergy feedstocks;
(5) study the potential for producing oil from algae;
(6) study the potential for the advancement of
thermochemical process technologies to produce alternative
chemical feedstocks;
(7) study the potential for producing
pipeline-quality natural gas from renewable sources; and
(8) perform other research duties as requested by the
commissioner relating to the responsible development of bioenergy
resources in this state.
(c) The research committee shall meet at the call of the
commissioner.
Sec. 50D.024. REIMBURSEMENT OF EXPENSES. A member of the
research committee may not receive compensation for service on the
committee. Subject to availability of funds, a research committee
member may receive reimbursement for the actual and necessary
expenses incurred while conducting research committee business.
SECTION 4.____. (a) As soon as practicable after the
effective date of this Act, the appropriate persons shall appoint
the members of the Texas Bioenergy Policy Council and the Texas
Bioenergy Research Committee established by Sections 50D.011 and
50D.021, Agriculture Code, as added by this Act.
(b) Not later than the 30th day after the date the final
member is appointed to the Texas Bioenergy Policy Council, the
commissioner of agriculture shall call the first meeting of the
policy council.