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        |  | A BILL TO BE ENTITLED | 
      
        |  | AN ACT | 
      
        |  | relating to energy efficiency market emission reduction credit | 
      
        |  | programs established by emission reduction credit organizations. | 
      
        |  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
        |  | SECTION 1.  Section 384.001, Health and Safety Code, is | 
      
        |  | amended by adding Subdivision (2-a) to read as follows: | 
      
        |  | (2-a) "Laboratory" means the Energy Systems Laboratory | 
      
        |  | at the Texas Engineering Experiment Station of The Texas A&M | 
      
        |  | University System. | 
      
        |  | SECTION 2.  Section 384.002, Health and Safety Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 384.002.  PURPOSE.  (a)  The purpose of an area emission | 
      
        |  | reduction credit organization shall be to promote the coexistence | 
      
        |  | of the improvement of air quality and economic development within | 
      
        |  | the region through the acquisition and distribution of emission | 
      
        |  | reduction credits.  Its activities may include the use of emission | 
      
        |  | reduction credits to help meet federal reasonable further progress | 
      
        |  | requirements as well as using emission reduction credits to | 
      
        |  | facilitate the issuance of permits. | 
      
        |  | (b)  An organization may establish an energy efficiency | 
      
        |  | market emission reduction credit program through which a utility, | 
      
        |  | municipal utility, electric cooperative, state or local | 
      
        |  | government, or energy service company that has a program of energy | 
      
        |  | efficiency measures established in a nonattainment or near | 
      
        |  | nonattainment area may register savings from that entity's energy | 
      
        |  | efficiency measures as emission reduction credits and sell or trade | 
      
        |  | the credits in an effort to reduce emissions of air pollutants in | 
      
        |  | urban areas of this state.  Emission reduction credits gained | 
      
        |  | through energy efficiency measures must be certified by the | 
      
        |  | laboratory as having achieved the actual emission reduction. | 
      
        |  | SECTION 3.  Section 384.014, Health and Safety Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 384.014.  ANNUAL REPORT.  By March 1 of each year each | 
      
        |  | area organization shall file with the commission, the laboratory, | 
      
        |  | and the regional council of governments an annual report for the | 
      
        |  | preceding calendar year.  The annual report shall contain: | 
      
        |  | (1)  a financial accounting; | 
      
        |  | (2)[ ,] an accounting of emission reduction credits;[,] | 
      
        |  | and | 
      
        |  | (3)  a listing of all emission reduction credit | 
      
        |  | transactions entered into by the organization, including any | 
      
        |  | transactions related to the creation of an energy efficiency market | 
      
        |  | emission reduction credit program. | 
      
        |  | SECTION 4.  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, 2011. |