Bill Text: TX HB2206 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the Texas Climate Action Act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-15 - Referred to Environmental Regulation [HB2206 Detail]
Download: Texas-2021-HB2206-Introduced.html
By: Talarico | H.B. No. 2206 |
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relating to the Texas Climate Action Act. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE TEXAS OF TEXAS: | ||
ARTICLE 1. SHORT TITLE, PREAMBLE, AND FINDINGS | ||
SECTION 1.01. SHORT TITLE. This Act shall be known as the | ||
Texas Climate Action Act. | ||
SECTION 1.02. PREAMBLE. The aim of the Texas Climate Action | ||
Act is to combat climate change by establishing greenhouse gas | ||
emissions reduction targets, energy efficiency standards, and a | ||
resiliency plan with a framework for local involvement. | ||
SECTION 1.03. FINDINGS. (i) WHEREAS, the | ||
Intergovernmental Panel on Climate Change has found that warming of | ||
the global climate system is "unequivocal"; and | ||
(ii) WHEREAS, there is "no convincing alternative | ||
explanation" for changes in the climate other than "human | ||
activities, especially emissions of greenhouse gases" based on the | ||
most recent findings of the U.S. Global Change Research Program; | ||
and | ||
(iii) WHEREAS, climate change has a demonstrated and | ||
researched-backed impact on human health and safety, including | ||
increased natural disasters and increased, intensifying extreme | ||
weather, causing damage to ecosystems, social systems, and | ||
infrastructure; increased risks of waterborne and foodborne | ||
diseases, increased risks of vector-borne diseases, and increased | ||
range and distribution of disease-carrying insects and animals, | ||
carrying diseases such as SARS-CoV-2, Zika and Lyme; and | ||
(iv) WHEREAS, Texas's economy suffered $105 billion loss in | ||
property and crop damage from 2012 through 2017 alone due to extreme | ||
weather events, and will continue to suffer loss if significant | ||
steps are not taken to address and reduce global warming. | ||
(b) THEREFORE, it is the goal of Texas to take all necessary | ||
and appropriate steps to mitigate and prevent these impacts of | ||
human-induced climate change. | ||
ARTICLE 2. TEXAS CLIMATE ACTION ACT | ||
SECTION 1. Subtitle C, Title 5, Health and Safety Code, is | ||
amended by adding Chapter 396 to read as follows: | ||
CHAPTER 396. TEXAS CLIMATE ACTION ACT | ||
Sec. 396.0001. DEFINITIONS. In this chapter: | ||
(1) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
Sec. 396.0002. TEXAS CLIMATE ACTION ACT. (d) Upon the | ||
effective date of this act, the commission shall adopt implementing | ||
rules and regulations to require the reporting and verification of | ||
statewide greenhouse gas emissions and the source and categories of | ||
source of emissions. These regulations shall include steps for the | ||
commission to monitor and enforce compliance with this section. | ||
(e) Within one year of the effective date of this act, the | ||
commission shall, after one or more public workshops, with public | ||
notice, and an opportunity for all interested parties to comment: | ||
(i) determine the statewide greenhouse gas emissions | ||
level in calendar year 1990; and | ||
(ii) promulgate through implementing rules and | ||
regulations the maximum technologically feasible and | ||
cost-effective greenhouse gas emissions limits, at minimum | ||
achieving the following: | ||
(1) a 2050 statewide greenhouse gas emissions | ||
limit that is at least 90 per cent below the 1990 level; | ||
(2) an interim 2040 emissions limit that shall | ||
maximize the ability of Texas to meet the 2050 emissions limit; | ||
(3) a 2030 statewide emissions limit that is at | ||
least 50 percent below the 1990 level. | ||
(f) Within two years of the effective date of this act, the | ||
commission shall, after one or more public workshops, with public | ||
notice, and an opportunity for all interested parties to comment, | ||
prepare and adopt a plan and issue implementing rules and | ||
regulations, for achieving the limits and interim limits | ||
established pursuant to (e) above. This plan shall be updated every | ||
five years. | ||
(g) The commission may adopt regulations that establish a | ||
system of market-based declining annual aggregate emission limits | ||
for sources or categories of sources that emit greenhouse gas | ||
emissions, that the commission determines will achieve the maximum | ||
technologically feasible and cost-effective reductions in | ||
greenhouse gas emissions, in the aggregate, from those sources or | ||
categories of sources. | ||
(h) The commission shall monitor compliance with and | ||
enforce any rule, regulation, order, emission limitation, | ||
emissions reduction measure, or market-based compliance mechanism | ||
adopted pursuant to this Act. | ||
(i) The commission shall conduct a study evaluating the | ||
effects of climate inaction on Texas. Not later than September 1, | ||
2022, the commission shall prepare and submit to the governor, the | ||
lieutenant governor, and the speaker of the house of | ||
representatives a written report containing the results of the | ||
study. The report must include: | ||
(1) the impact of extreme weather events on the Texas | ||
economy and disaggregate information by sector, e.g. agriculture, | ||
construction, tourism, etc.; | ||
(2) the impact of extreme weather events on Texas | ||
agriculture, labor, education, and health, and their respective | ||
governing agencies; | ||
(3) policy recommendations to prepare for future | ||
extreme weather events due to the change in climate; and | ||
(4) any other information the commission determines is | ||
necessary. | ||
(j) The commission shall publish the report described by | ||
Subsection (i) of this section on its Internet website. | ||
(k) The commission shall ensure that the greenhouse gas | ||
emission reduction rules, regulations, programs, mechanisms, and | ||
incentives adopted under this Act, where applicable and to the | ||
extent feasible, direct public and private investment toward rural, | ||
low-income, low- to moderate-income, and minority communities in | ||
Texas and provide an opportunity for small businesses, schools, | ||
affordable housing associations, and other community institutions | ||
to participate in and benefit from statewide efforts to reduce | ||
greenhouse gas emissions. | ||
(l) In carrying out this Act, the commission shall: | ||
(1) Consult with all Texas agencies with jurisdiction | ||
over sources of greenhouse gases, including the Public Utility | ||
Commission of Texas and the Texas Railroad Commission, on all | ||
elements of its plan that pertain to energy related matters | ||
including, but not limited to, electrical generation, load | ||
based-standards or requirements, the provision of reliable and | ||
affordable electrical service, petroleum refining, and statewide | ||
fuel supplies to ensure the greenhouse gas emissions reduction | ||
activities to be adopted and implemented by the commission are | ||
complementary, non-duplicative, and can be implemented in an | ||
efficient and cost-effective manner. | ||
(2) Design the regulations, including distribution of | ||
emissions allowances where appropriate, in a manner that is | ||
equitable, seeks to minimize costs and maximize the total benefits | ||
to Texas, and encourages early action to reduce greenhouse gas | ||
emissions. | ||
(3) Ensure that activities undertaken to comply with | ||
the regulations do not disproportionately impact rural, | ||
low-income, low- to moderate-income, or minority communities. | ||
(4) Ensure that entities that have voluntarily reduced | ||
their greenhouse gas emissions prior to the implementation of this | ||
section receive appropriate credit for early voluntary reductions. | ||
(5) Ensure that activities undertaken pursuant to the | ||
regulations complement, and do not interfere with, efforts to | ||
achieve and maintain federal and Texas ambient air quality | ||
standards and to reduce toxic air contaminant emissions. | ||
(6) Consider overall societal benefits, including | ||
reductions in other air pollutants, diversification of energy | ||
sources, and other benefits to the economy, environment, and public | ||
health. | ||
(7) Minimize the administrative burden of | ||
implementing and complying with these regulations. | ||
(8) Minimize reductions in greenhouse gas emissions in | ||
Texas that are offset by increases in emissions of greenhouse gases | ||
outside of Texas. | ||
(9) Consider the significance of the contribution of | ||
each source or category of sources to statewide emissions of | ||
greenhouse gases. | ||
(10) Consult with other states, and the federal | ||
government, and other nations to identify the most effective | ||
strategies and methods to reduce greenhouse gases, manage | ||
greenhouse gas control programs, and to facilitate the development | ||
of integrated and cost-effective regional, national, and | ||
international greenhouse gas reduction programs. | ||
(11) Evaluate the best available scientific, | ||
technological, and economic information on greenhouse gas | ||
emissions. | ||
(12) Maximize opportunities for workers and | ||
communities that may lose employment opportunities in the | ||
transition to a green economy. | ||
(13) Ensure job opportunities created through | ||
activities undertaken pursuant to this Act are compensated on a | ||
similar payscale to those lost in the transition to a green economy, | ||
and that these opportunities are shared geographically and | ||
demographically. | ||
(m) All Texas agencies involved in implementing this Act | ||
shall assess and implement strategies to increase employment | ||
opportunities and improve job quality through the activities | ||
undertaken pursuant to this Act. | ||
(n) Within six months of the effective date of this Act, all | ||
Texas agencies shall report to the legislature on steps they are | ||
taking to ensure compliance with this section. | ||
(o) This act shall be subject to current prevailing wage | ||
law. | ||
(p) Permits, licenses, regulations and contracts undertaken | ||
pursuant to this Act that are public works as defined in Texas law; | ||
projects receiving over $100,000 in total financial assistance from | ||
Texas; and privately-financed projects on public property, shall | ||
include: | ||
(i) labor harmony policies; | ||
(ii) dispute resolution mechanisms; | ||
(iii) safety policies as required under Texas law; | ||
workers compensation insurance; | ||
(iv) and apprenticeship programs appropriate for the | ||
trades in which work is being performed. | ||
SECTION 2. This Act takes effect September 1, 2021. |