2009S0478-1 02/24/09
 
  By: Estes S.B. No. 1666
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the establishment of the Bioenergy Policy Council and
  the Bioenergy Research Committee to encourage the development of
  cellulosic biofuels in the state.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 3, Agriculture Code, is amended by adding
  Chapter 50D to read as follows:
  CHAPTER 50D. BIOENERGY POLICY COUNCIL; RESEARCH COMMITTEE
         Sec. 50D.001.  PURPOSE. The purpose of this chapter is to
  make cellulosic biofuels a significant part of the energy industry
  by 2019.
         Sec. 50D.002.  DEFINITIONS. In this chapter:
               (1)  "Policy council" means the Bioenergy Policy
  Council.
               (2)  "Research committee" means the Bioenergy Research
  Committee.
         Sec. 50D.003.  BIOENERGY POLICY COUNCIL. (a)  The Bioenergy
  Policy Council is composed of the following 16 members:
               (1)  the commissioner, who serves as the chair;
               (2)  one member of the Railroad Commission of Texas;
               (3)  one member of the Texas Commission on
  Environmental Quality;
               (4)  one member of the Public Utility Commission of
  Texas;
               (5)  the chair of the Texas Water Development Board;
               (6)  the chancellor of The Texas A&M University System,
  or the chancellor's designee;
               (7)  the chancellor of the Texas Tech University
  System, or the chancellor's designee;
               (8)  the chancellor of The University of Texas System,
  or the chancellor's designee;
               (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)  six members appointed by the governor, with each
  of the following industries or groups of industries represented by
  one member:
                     (A)  feedstock development and production, such
  as a seed company or an algae grower;
                     (B)  energy distribution, such as an electricity
  delivery company or a distributor of gasoline and diesel fuel;
                     (C)  biomass transportation, such as a pipeline
  company, railroad, or seaborne shipper;
                     (D)  farming and feedstock production, such as a
  producer of grain, sugar, livestock waste, or agricultural waste or
  a nontraditional-crop farmer;
                     (E)  biofuel production; and
                     (F)  biofuels-based and bio-based electricity
  generation.
         (b)  Appointed members of the policy council serve two-year
  terms.
         Sec. 50D.004.  DUTIES OF THE POLICY COUNCIL. (a)  The
  policy council shall:
               (1)  provide a vision for unifying the state's
  agricultural, energy, and research strengths in a successful launch
  of a cellulosic biofuel industry;
               (2)  foster development of cellulosic-based fuels and
  build on the Texas emerging technology fund's investments in
  leading-edge cellulosic energy research and efforts to
  commercialize production of algae-based biodiesel;
               (3)  pursue the creation of a fourth energy biofuels
  research program at a university in the state and work to draw
  federal funding that will aid the state in becoming a bioenergy
  leader; and
               (4)  perform other advisory duties as requested by the
  commissioner regarding the responsible development of bioenergy
  resources in the state.
         (b)  The policy council shall meet regularly as necessary at
  the call of the commissioner.
         Sec. 50D.005.  REIMBURSEMENT; ADMINISTRATIVE SUPPORT.
  (a)  A member of the policy council may not receive compensation
  for service on the council but is entitled to reimbursement of the
  actual and necessary expenses incurred while conducting the
  business of the council, as provided by the General Appropriations
  Act.
         (b)  The department shall provide administrative support,
  including staff, to the policy council. The commissioner may
  allocate administrative support to the research committee as
  appropriate.
         Sec. 50D.006.  BIOENERGY RESEARCH COMMITTEE. (a)  The
  Bioenergy Research Committee is composed of the following 16
  members:
               (1)  the commissioner, who serves as the chair;
               (2)  one member of the Railroad Commission of Texas;
               (3)  one member of the Texas Commission on
  Environmental Quality;
               (4)  one member of the Public Utility Commission of
  Texas;
               (5)  the chair of the Texas Water Development Board;
               (6)  one researcher or specialist in the bioenergy
  field from the following university systems, each appointed by the
  chancellor of that system:
                     (A)  The Texas A&M University System;
                     (B)  Texas Tech University System; and
                     (C)  The University of Texas System;
               (7)  one representative of the Texas Agricultural
  Finance Authority appointed by the commissioner, to serve as a
  nonvoting member;
               (8)  one representative of the Texas emerging
  technology fund appointed by the governor, to serve as a nonvoting
  member; and
               (9)  six members appointed by the governor, with each
  of the following industries or groups of industries represented by
  one member:
                     (A)  feedstock development and production, such
  as a seed company or an algae grower;
                     (B)  energy distribution, such as an electricity
  delivery company or a distributor of gasoline and diesel fuel;
                     (C)  biomass transportation, such as a pipeline
  company, railroad, or seaborne shipper;
                     (D)  farming and feedstock production, such as a
  producer of grain, sugar, livestock waste, or agricultural waste or
  a nontraditional-crop farmer;
                     (E)  biofuel production; and
                     (F)  biofuels-based and bio-based electricity
  generation.
         (b)  Appointed members of the research committee serve
  two-year terms.
         Sec. 50D.007.  PURPOSES AND DUTIES OF THE RESEARCH
  COMMITTEE. (a)  The research committee is a research consortium
  with academic research leadership and active involvement by all
  sectors of the economy interested in biofuel development.
         (b)  The research committee shall:
               (1)  identify and research desirable biomass
  feedstock, which may vary by geographic region and may range from
  trees and forestry residues to perennial grasses, bioenergy forage
  sorghum, sugarcane, and algae;
               (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 transporting, distributing, and
  marketing of biofuel;
               (3)  provide a roadmap for the potential transition of
  the agriculture industry in western regions to dryland bioenergy
  crops that are not dependent on groundwater resources;
               (4)  explore regions in the state, including coastal
  areas, that may have marginal land available for growing bioenergy
  feedstocks; and
               (5)  perform other research duties as requested by the
  commissioner regarding the responsible development of bioenergy
  resources in the state.
         (c)  The research committee shall meet at the call of the
  commissioner.
         Sec. 50D.008.  REIMBURSEMENT. A member of the research
  committee may not receive compensation for service on the committee
  but is entitled to reimbursement of the actual and necessary
  expenses incurred while conducting the business of the committee,
  as provided by the General Appropriations Act.
         SECTION 2.  (a)  Appointments to the Bioenergy Policy
  Council and the Bioenergy Research Committee under Chapter 50D,
  Agriculture Code, as added by this Act, shall be made as soon as
  practicable after the effective date of this Act.
         (b)  The Bioenergy Policy Council shall meet not later than
  the 30th day after the date of the initial appointments made to the
  council under Section 50D.003, Agriculture Code, as added by this
  Act.
         SECTION 3.  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.