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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority and obligations of the Texas Commission |
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on Environmental Quality and the Public Utility Commission of Texas |
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to comply with and implement a Clean Power Plan. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 382, Health and Safety |
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Code, is amended by adding Section 382.0174 to read as follows: |
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Sec. 382.0174. COMMISSION AND UTILITY COMMISSION AUTHORITY |
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AND OBLIGATIONS UNDER CERTAIN FEDERAL REQUIREMENTS. (a) In this |
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section: |
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(1) "Clean Power Plan" means a final rulemaking action |
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of the United States Environmental Protection Agency that |
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establishes carbon pollution guidelines for existing electric |
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utility generating units under Section 111(d) of the federal Clean |
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Air Act (42 U.S.C. Section 7411(d)). |
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(2) "Utility commission" means the Public Utility |
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Commission of Texas. |
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(b) The commission is the primary authority responsible for |
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ensuring that this state complies with and implements a Clean Power |
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Plan. The commission shall, as necessary, submit to the United |
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State Environmental Protection Agency a state plan or a federal |
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plan implemented under 42 U.S.C. Section 7411(d) that the |
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commission has accepted. |
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(c) Notwithstanding any other law, the commission and the |
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utility commission: |
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(1) have the authority necessary to comply with and |
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implement a Clean Power Plan; |
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(2) shall take measures necessary to comply with or |
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implement a Clean Power Plan, including adopting, amending, or |
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repealing rules, collaborating to update or adopt a state plan, or |
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considering possible acceptance of a federal plan implemented under |
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42 U.S.C. Section 7411(d); |
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(3) may collaborate with the Railroad Commission of |
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Texas, the State Energy Conservation Office, and other state |
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agencies to develop and implement a state plan; and |
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(4) if a Clean Power Plan is established and later |
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expires or is repealed or invalidated, shall adopt, amend, or |
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repeal rules adopted under Subdivision (2) as necessary to comply |
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with or implement 42 U.S.C. Section 7411(d). |
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(d) The commission and the utility commission shall develop |
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and adopt a memorandum of understanding as necessary to clarify or |
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provide for their respective duties, responsibilities, or |
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functions on any matter under the jurisdiction of the commission or |
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utility commission that relates to a Clean Power Plan and is not |
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expressly assigned to either the commission or utility commission. |
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(e) On behalf of this state, the governor may execute a |
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compact with another state to comply with and implement a Clean |
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Power Plan. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |