Bill Text: TX HB4792 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to establishing the Texas Carbon Emissions Mitigation and Severe Weather Adaptation Commission to study and address the impacts of carbon emissions and severe weather in this state.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-22 - Referred to State Affairs [HB4792 Detail]
Download: Texas-2023-HB4792-Introduced.html
By: Anchía | H.B. No. 4792 |
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relating to establishing the Texas Carbon Emissions Mitigation and | ||
Severe Weather Adaptation Commission to study and address the | ||
impacts of carbon emissions and severe weather in this state. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act shall be known as the Texas Carbon | ||
Emissions Mitigation and Severe Weather Adaptation Act. | ||
SECTION 2. Subtitle C, Title 5, Health and Safety Code, is | ||
amended by adding Chapter 396 to read as follows: | ||
CHAPTER 396. TEXAS CARBON EMISSIONS MITIGATION AND SEVERE WEATHER | ||
ADAPTATION COMMISSION | ||
Sec. 396.001. DEFINITIONS. In this chapter: | ||
(1) "Commission" means the Texas Carbon Emissions | ||
Mitigation and Severe Weather Adaptation Commission. | ||
(2) "Institution of higher education" has the meaning | ||
assigned by Section 61.003, Education Code. | ||
Sec. 396.002. LIBERAL CONSTRUCTION. This chapter shall be | ||
liberally construed to minimize future risk to the residents and | ||
environment of this state. | ||
Sec. 396.003. COMMISSION CREATED; COMPOSITION. (a) The | ||
Texas Carbon Emissions Mitigation and Severe Weather Adaptation | ||
Commission is created. | ||
(b) The commission is composed of: | ||
(1) one member appointed by the governor; | ||
(2) one member appointed by the lieutenant governor; | ||
(3) one member appointed by the governor from a list of | ||
names submitted by the speaker of the house of representatives; | ||
(4) one member appointed by the governor from a list of | ||
names submitted by the most senior member of the minority party of | ||
the house of representatives; | ||
(5) one member appointed by the governor from a list of | ||
names submitted by the most senior member of the minority party of | ||
the senate; and | ||
(6) the following members of which two-thirds are | ||
appointed evenly between the governor and the lieutenant governor, | ||
and the remaining one-third are appointed by the governor from a | ||
list of names submitted by the speaker of the house of | ||
representatives: | ||
(A) a representative of the public energy sector; | ||
(B) a representative of rural electric | ||
cooperatives; | ||
(C) a representative of the municipal | ||
electricity sector; | ||
(D) two representatives of separate nonprofit | ||
environmental organizations; | ||
(E) three scientists at separate institutions of | ||
higher education, including one climatologist; | ||
(F) an economist from an institution of higher | ||
education; | ||
(G) a representative of business and industry; | ||
(H) a representative of the manufacturing or | ||
mining industry; | ||
(I) a representative of the agriculture or | ||
forestry industry; | ||
(J) a representative of the fossil fuel industry; | ||
(K) a representative from the Health and Human | ||
Services Commission; | ||
(L) a representative from the Texas Military | ||
Preparedness Commission; | ||
(M) a representative from the Texas Division of | ||
Emergency Management; | ||
(N) a representative from the Texas Water | ||
Development Board; and | ||
(O) three representatives of the public. | ||
(c) In addition to the members listed in Subsection (b), the | ||
chairs of the commission may request the participation or input of | ||
other individuals as the chairs determine is necessary, including: | ||
(1) other members of the public; | ||
(2) individuals with expertise in the area of carbon | ||
emissions mitigation and severe weather adaptation; and | ||
(3) local, state, and federal officials involved in | ||
carbon emissions mitigation and severe weather adaptation | ||
planning. | ||
Sec. 396.004. JOINT CHAIRS; MEETINGS; COMPENSATION. (a) | ||
The commission shall elect two of the commission's members to serve | ||
as joint chairs of the commission. | ||
(b) The commission shall meet at the call of either joint | ||
chair. | ||
(c) A commission member is not entitled to receive | ||
compensation for service on the commission but is entitled to | ||
reimbursement for actual and necessary expenses, including travel | ||
expenses, incurred by the member in performing commission duties. | ||
Sec. 396.005. TERMS; VACANCY. (a) Members of the | ||
commission serve staggered six-year terms, with eight or nine | ||
members' terms expiring February 1 of each odd-numbered year. | ||
(b) A vacancy on the commission shall be filled in the same | ||
manner as the original appointment. | ||
Sec. 396.006. ACTIVITIES OF COMMISSION. (a) The | ||
commission shall: | ||
(1) establish carbon emissions mitigation and severe | ||
weather adaptation strategies, including goals to help guide | ||
planning and statewide implementation of the strategies, using the | ||
latest and best available scientific analysis, risk assessment | ||
tools, and other information the commission considers necessary to | ||
monitor and forecast the impact of carbon emissions and severe | ||
weather at the state, regional, and local levels; | ||
(2) provide policy direction, facilitation, | ||
coordination, and planning to federal, state, and local agencies, | ||
and other persons as appropriate; | ||
(3) identify: | ||
(A) persons, communities, industries, and | ||
ecosystems of this state vulnerable to impacts related to carbon | ||
emissions and severe weather; | ||
(B) potential economic ramifications of impacts | ||
related to carbon emissions and severe weather; and | ||
(C) existing carbon emissions mitigation and | ||
severe weather adaptation efforts at the federal, state, and local | ||
levels; | ||
(4) make recommendations for meeting or exceeding this | ||
state's carbon emissions mitigation and severe weather adaptation | ||
goals established by the commission; | ||
(5) assess the capacity and availability of existing | ||
resources and identify new sources of revenue necessary to address | ||
carbon emissions mitigation and severe weather adaptation; and | ||
(6) advise the governor, legislature, and local | ||
governments of this state on the economic and budgetary | ||
ramifications of carbon emissions and severe weather impacts, | ||
mitigation, and adaptation. | ||
(b) The commission may confer with scientists and other | ||
experts to evaluate whether more frequent or extreme winter cold | ||
snaps are caused by the warming of the stratospheric polar vortex as | ||
a result of carbon emissions. | ||
Sec. 396.007. INTERNET WEBSITE. The commission shall | ||
develop and maintain an Internet website that: | ||
(1) includes a mission statement relating to the | ||
duties and goals of the commission under this chapter; and | ||
(2) describes the actions, plans, and policies of the | ||
commission, and the results, if any, of such actions, plans, and | ||
policies. | ||
Sec. 396.008. BIENNIAL PROGRESS REPORT. The commission | ||
shall identify the information necessary to track this state's | ||
progress in implementing the carbon emissions mitigation and severe | ||
weather adaptation strategies established by the commission under | ||
Section 396.006 and shall submit a biennial progress report to the | ||
governor and the legislature not later than the 20th day before the | ||
date each regular session of the legislature convenes. | ||
Sec. 396.009. COMPREHENSIVE REVIEW; REPORT. Not later than | ||
the 20th day before the date the regular session of the 90th | ||
Legislature convenes, and before the end of each successive | ||
five-year period after that date, the commission shall conduct a | ||
comprehensive review of the statewide implementation of the carbon | ||
emissions mitigation and severe weather adaptation strategies | ||
established by the commission under Section 396.006 and submit a | ||
report on the commission's findings and recommendations to the | ||
governor, the legislature, and the governing body of each | ||
municipality and county in this state. | ||
Sec. 396.010. SEA LEVEL RISE VULNERABILITY AND ADAPTATION | ||
REPORT. (a) The commission shall develop and make publicly | ||
available a sea level rise vulnerability and adaptation report that | ||
identifies: | ||
(1) the major areas of this state that are or will be | ||
impacted by sea level rise during the next 30 years; | ||
(2) the sea level rise impacts reasonably expected to | ||
occur during the next 30 years in each area identified under | ||
Subdivision (1), based on the latest and best available scientific | ||
research; | ||
(3) the economic ramifications of sea level rise; and | ||
(4) applicable federal laws, policies, and programs | ||
affecting areas of this state impacted by sea level rise. | ||
(b) The report developed under Subsection (a) must include | ||
the commission's recommendations for planning, management, and | ||
adaptation relating to hazards associated with sea level rise. | ||
(c) In developing the report under Subsection (a), the | ||
commission shall: | ||
(1) solicit public comment; and | ||
(2) coordinate with the federal, state, and local | ||
agencies involved in carbon emissions mitigation and severe weather | ||
adaptation planning. | ||
(d) The commission shall evaluate and update the sea level | ||
rise vulnerability and adaptation report developed under this | ||
section at least once every five years. | ||
SECTION 3. (a) As soon as practicable after the effective | ||
date of this Act: | ||
(1) the governor and lieutenant governor shall appoint | ||
the 25 members to the Texas Carbon Emissions Mitigation and Severe | ||
Weather Adaptation Commission as provided by Section 396.003, | ||
Health and Safety Code, as added by this Act; and | ||
(2) the governor, lieutenant governor, and speaker of | ||
the house of representatives or their designees shall meet to | ||
apportion the appointments under Section 396.003(b)(6), Health and | ||
Safety Code, as added by this Act. | ||
(b) The initial members of the Texas Carbon Emissions | ||
Mitigation and Severe Weather Adaptation Commission appointed | ||
under this section shall draw lots to determine which members will | ||
serve terms expiring February 1, 2025, which members will serve | ||
terms expiring February 1, 2027, and which members will serve terms | ||
expiring February 1, 2029. | ||
SECTION 4. Not later than September 30, 2024, the Texas | ||
Carbon Emissions Mitigation and Severe Weather Adaptation | ||
Commission shall develop and make publicly available the initial | ||
sea level rise vulnerability and adaptation report required by | ||
Section 396.010, Health and Safety Code, as added by this Act. | ||
SECTION 5. This Act takes effect September 1, 2023. |