2011S0665-1 03/09/11
 
  By: Duncan S.B. No. 1591
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the goal of installing additional capacity for
  generating landfill gas energy.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 39.904, Utilities Code, is amended by
  amending Subsections (a) and (c) and adding Subsection (a-1) to
  read as follows:
         (a)  It is the intent of the legislature that by January 1,
  2015, an additional 5,000 megawatts of generating capacity from
  renewable energy technologies will have been installed in this
  state.  The cumulative installed renewable capacity in this state
  shall total 5,880 megawatts by January 1, 2015, and the commission
  shall establish a goal [target] of 10,000 megawatts of installed
  renewable capacity by January 1, 2025.  The cumulative installed
  renewable capacity in this state shall total [2,280 megawatts by
  January 1, 2007, 3,272 megawatts by January 1, 2009, 4,264
  megawatts by January 1, 2011,] 5,256 megawatts by January 1, 2013,
  and 5,880 megawatts by January 1, 2015.  Of the cumulative renewable
  energy technology generating capacity installed to meet the goal of
  this subsection after September 1, 2011 [2005], a total of [the
  commission shall establish a target of having] at least 1,000 [500]
  megawatts of capacity from [a] renewable energy technologies
  [technology] other than [a source using] wind energy technologies
  shall be installed by January 1, 2018.
         (a-1)  Of the 1,000 megawatts of capacity from renewable
  technologies that shall be installed by January 1, 2018, as
  required by Subsection (a), at least 50 megawatts of new capacity
  from energy generated from landfill gas shall be installed by
  January 1, 2014, at least 100 megawatts from new capacity from
  energy generated from landfill gas shall be installed by January 1,
  2016, and at least 150 megawatts of new capacity from energy
  generated from landfill gas shall be installed by January 1, 2018.
         (c)  Not later than January 1, 2013 [2000], the commission
  shall adopt rules necessary to administer and enforce this section.
  At a minimum, the rules shall:
               (1)  establish the minimum annual renewable energy
  requirement, including a minimum annual requirement for the
  installation of new generating capacity from renewable energy
  technologies other than wind energy technologies, for each retail
  electric provider, municipally owned utility, and electric
  cooperative operating in this state in a manner reasonably
  calculated by the commission to produce, on a statewide basis,
  compliance with the requirement prescribed by Subsections
  [Subsection] (a) and (a-1); [and]
               (2)  specify reasonable performance standards that all
  renewable capacity additions must meet to count against the
  requirement prescribed by Subsections [Subsection] (a) and (a-1)
  and that:
                     (A)  are designed and operated so as to maximize
  the energy output from the capacity additions in accordance with
  then-current industry standards; and
                     (B)  encourage the development, construction, and
  operation of new renewable energy projects at those sites in this
  state that have the greatest economic potential for capture and
  development of this state's environmentally beneficial renewable
  resources; and
               (3)  establish enforcement mechanisms, including the
  use of alternative compliance payments, if the capacity goals for
  the generation of energy from renewable energy technologies other
  than wind energy technologies provided in Subsections (a) and (a-1)
  are not met.
         SECTION 2.  This Act takes effect September 1, 2011.