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A BILL TO BE ENTITLED
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AN ACT
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relating to mass balance attribution of renewable biomass |
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feedstocks used to produce renewable chemicals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 361.421, Health and Safety Code, is |
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amended by adding Subdivisions (8-a) and (8-b) to read as follows: |
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(8-a) "Renewable biomass" means: |
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(A) materials, pre-commercial thinnings, or |
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invasive species from National Forest System land and public lands, |
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as that term is defined by 43 U.S.C. Section 1702, that: |
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(i) are byproducts of preventive treatments |
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that are removed: |
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(a) to reduce hazardous fuels; |
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(b) to reduce or contain disease or |
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insect infestation; or |
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(c) to restore ecosystem health; |
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(ii) would not otherwise be used for higher |
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value products; and |
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(iii) are harvested in accordance with: |
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(a) applicable law and land |
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management plans; and |
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(b) requirements for old growth stand |
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maintenance, restoration, and management direction and large tree |
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retention under Sections 102(e) and (f), Healthy Forests |
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Restoration Act of 2003 (16 U.S.C. Sections 6512(e) and (f)); or |
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(B) any organic matter that is available on a |
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renewable or recurring basis from nonfederal land or land belonging |
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to an Indian or Indian tribe that is held in trust by the United |
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States or subject to a restriction against alienation imposed by |
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the United States, including: |
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(i) renewable plant material, including: |
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(a) feed grains and other |
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agricultural commodities; |
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(b) plants and trees; and |
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(c) algae; and |
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(ii) waste material, including: |
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(a) crop residue; |
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(b) vegetative waste material, |
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including wood waste and wood residue; |
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(c) animal waste and byproducts, |
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including fats, oils, greases, and manure; and |
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(d) food waste and yard waste. |
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(8-b) "Renewable chemical" means a monomer, polymer, |
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plastic, formulated product, or chemical substance produced from |
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renewable biomass feedstocks or certified under a third-party |
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certification system for mass balance attribution identified by the |
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commission under Section 361.4215. |
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SECTION 2. Section 361.4215, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 361.4215. MASS BALANCE ATTRIBUTION. The commission by |
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rule shall identify third-party certification systems for mass |
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balance attribution that may be used for the purposes of Sections |
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361.421(6), [and] (6-a), and (8-b). |
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SECTION 3. As soon as practicable after the effective date |
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of this Act, the Texas Commission on Environmental Quality shall |
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adopt rules necessary to implement the changes in law made by this |
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Act. |
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SECTION 4. This Act takes effect September 1, 2025. |