81R2990 TRH-D
 
  By: Anderson H.B. No. 366
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to creating a task force to review electric energy
  generation policies and certain permits for operation of electric
  generation facilities and to study the state's long-term demand for
  electric generation capacity.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 31, Utilities Code, is amended by adding
  Section 31.006 to read as follows:
         Sec. 31.006.  ELECTRIC ENERGY AND ENVIRONMENTAL IMPACT TASK
  FORCE.  (a)  In this section, "task force" means the electric
  energy and environmental impact task force.
         (b)  The electric energy and environmental impact task force
  shall meet quarterly to:
               (1)  study the state's long-term demand for electric
  generation capacity and the infrastructure and technology
  available and necessary for meeting that demand;
               (2)  study the environmental effects of existing and
  proposed electric generating facilities;
               (3)  inventory all existing electric generating
  facilities operating in this state;
               (4)  review changes to state statutes, administrative
  rules and regulations, judicial decisions, and executive branch
  policies regarding electric energy generation; and
               (5)  as necessary and in accordance with Section
  382.05171, Health and Safety Code, determine whether the issuance
  of a permit to operate an electric generating facility is necessary
  to meet the state's demand for electric generation capacity.
         (c)  The task force is composed of representatives of:
               (1)  the commission;
               (2)  the Texas Commission on Environmental Quality;
               (3)  ERCOT; and
               (4)  the Texas Water Development Board.
         (d)  The members of the task force shall elect a presiding
  officer from among the members and shall adopt rules governing the
  operation of the committee.
         (e)  All meetings of the task force shall be conducted in
  accordance with Chapter 551, Government Code.
         (f)  The task force may solicit and accept gifts, grants, and
  appropriations for purposes of this section.
         SECTION 2.  Subchapter C, Chapter 382, Health and Safety
  Code, is amended by adding Section 382.05171 to read as follows:
         Sec. 382.05171. REVIEW OF ELECTRIC ENERGY AND ENVIRONMENTAL
  IMPACT TASK FORCE. (a)  In this section, "task force" means the
  electric energy and environmental impact task force established
  under Section 31.006, Utilities Code.
         (b)  In addition to the requirements for obtaining a permit
  under this chapter, before the commission may issue a permit to
  operate an electric generating facility, the commission shall
  submit a copy of the application to the task force to determine
  whether the issuance of the permit is necessary to meet the state's
  demand for electric generation capacity.
         (c)  The commission may not grant a permit to operate an
  electric generating facility under this chapter if the task force
  determines that the issuance of the permit is not necessary to meet
  the state's demand for electric generation capacity.
         SECTION 3.  Section 382.05171, Health and Safety Code, as
  added by this Act, applies only to an application for a permit to
  operate an electric generating facility for which the Texas
  Commission on Environmental Quality has not issued a permit before
  the effective date of this Act.
         SECTION 4.  Not later than October 1, 2009, the electric
  energy and environmental impact task force established under
  Section 31.006, Utilities Code, as added by this Act, shall conduct
  an organizational meeting.
         SECTION 5.  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, 2009.