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A BILL TO BE ENTITLED
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AN ACT
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relating to application requirements and performance standards for |
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agricultural biomass and landfill diversion incentive grants. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.001, Agriculture Code, is amended to |
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read as follows: |
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Sec. 22.001. POLICY AND PURPOSE. It is the policy of this |
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state and the purpose of this chapter to reduce air pollution, |
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improve air quality, protect public health, help this state |
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diversify its energy supply, and divert waste from landfills |
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through new price-support incentives to encourage the generation of |
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[construction of facilities to generate] electric energy with |
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certain types of agricultural residues, forest wood waste, urban |
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wood waste, storm-generated biomass debris, and energy-dedicated |
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crops. |
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SECTION 2. Section 22.003, Agriculture Code, is amended by |
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amending Subsection (b) and adding Subsection (b-1) to read as |
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follows: |
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(b) Subject to Section 22.005, a farmer, logger, or diverter |
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is entitled to receive a grant in the amount of $20 for each |
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bone-dry ton of qualified agricultural biomass, forest wood waste, |
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urban wood waste, or storm-generated biomass debris provided by the |
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farmer, logger, or diverter in a form suitable for generating |
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electric energy to a facility that: |
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(1) is located in this state; |
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(2) [was placed in service after August 31, 2009;
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[(3)] generates electric energy for its own use or for |
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sale [sold] to a third party by using qualified agricultural |
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biomass, forest wood waste, urban wood waste, or storm-generated |
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biomass debris; |
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(3) [(4)] uses the best available emissions control |
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technology, considering the technical practicability and economic |
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reasonableness of reducing or eliminating the air contaminant |
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emissions resulting from the facility; |
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(4) [(5)] maintains its emissions control equipment |
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in good working order; and |
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(5) [(6)] is in compliance with its operating permit |
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issued by the Texas Commission on Environmental Quality under |
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Chapter 382, Health and Safety Code. |
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(b-1) Consistent with Subsection (d), the commissioner by |
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rule shall establish: |
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(1) requirements an applicant must comply with to be |
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eligible for a grant under this chapter; |
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(2) performance standards that must be met by a |
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recipient of a grant under this chapter; |
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(3) audit procedures that ensure that the recipient of |
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a grant meets the performance standards established by this |
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section; and |
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(4) procedures for recovering grant funds from a |
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recipient who fails to meet the requirements or standards |
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established by the commissioner for the grant. |
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SECTION 3. The Texas Department of Agriculture shall adopt |
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rules consistent with Section 22.003, Agriculture Code, as amended |
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by this Act, not later than December 1, 2009. |
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SECTION 4. This Act takes effect September 1, 2009. |