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
  relating to the Texas Climate Action Act.
         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;
         (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.
         SECTION 1.  Subtitle C, Title 5, Health and Safety Code, is
  amended by adding Chapter 396 to read as follows:
         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
         (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
               (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
               (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
               (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
         (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
         (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
               (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.