Bill Text: TX SB1761 | 2015-2016 | 84th Legislature | Introduced

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Bill Title: Relating to the authority and obligation of this state to comply with and implement a Clean Power Plan.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-03-24 - Referred to Natural Resources & Economic Development [SB1761 Detail]

Download: Texas-2015-SB1761-Introduced.html

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84R11550 JXC-D
By: Creighton S.B. No. 1761

A BILL TO BE ENTITLED
AN ACT
relating to the authority and obligation of this state to comply
with and implement a Clean Power Plan.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 382, Health and Safety
Code, is amended by adding Section 382.0174 to read as follows:
Sec. 382.0174. STATE AUTHORITY AND OBLIGATIONS UNDER
CERTAIN FEDERAL REQUIREMENTS. (a) In this section:
(1) "Clean Power Plan" means a final rulemaking action
of the United States Environmental Protection Agency that
establishes carbon pollution guidelines for existing electric
utility generating units under Section 111(d) of the federal Clean
Air Act (42 U.S.C. Section 7411).
(2) "Utility commission" means the Public Utility
Commission of Texas.
(b) The governor and the attorney general, in consultation
with the commission and the utility commission, shall work to
prevent federal commandeering of state police powers, protect the
sovereignty of this state under the federal Clean Air Act (42 U.S.C.
Section 7401 et seq.), and retain authority to develop a state plan
to meet judicially or legislatively approved goals to reduce carbon
dioxide emissions.
(c) Notwithstanding any other law, the commission and the
utility commission:
(1) may examine the implications of complying with and
implementing a Clean Power Plan;
(2) shall take measures necessary to comply with or
implement a Clean Power Plan only after:
(A) the plan has been finally determined to be
authorized under federal law by the United States Supreme Court;
(B) the House Committee on Environmental
Regulation or a successor committee and the Senate Committee on
Natural Resources and Economic Development or a successor committee
have affirmatively approved the plan and submitted to the
legislature a report on the plan's impacts on commercial and
residential electricity customers in this state; and
(C) the utility commission and the Federal Energy
Regulatory Commission have certified that this state's plan to
implement the Clean Power Plan meets the grid reliability standards
of the Federal Energy Regulatory Commission; and
(3) have the authority necessary to comply with and
implement a Clean Power Plan if the requirements of Subdivision (2)
are satisfied.
(d) The commission and the utility commission shall develop
and adopt a memorandum of understanding as necessary to clarify or
provide for their respective duties, responsibilities, or
functions regarding any matter under the jurisdiction of the
commission or utility commission that relates to a Clean Power Plan
and is not expressly assigned to either the commission or utility
commission.
(e) During the examination of the implications of complying
with and implementing a Clean Power Plan and during the
implementation of the plan, the utility commission:
(1) may not authorize the retirement of a functioning
electric generating unit in this state before the unit has aged past
the engineering lifetime of the unit, unless:
(A) the unit is not necessary to maintain the
grid reliability required by the Federal Energy Regulatory
Commission;
(B) the owner of the unit has recouped the costs
of constructing and financing the unit;
(C) the state has sufficient replacement
capacity to meet the dispatchable capacity of the unit to be
retired; and
(D) an electric generating unit brought online to
replace the unit to be retired will not increase costs to consumers;
(2) shall require operators of electric generating
units to operate the units in accordance with the design parameters
and design life of the unit approved by the utility commission when
the generating unit began operation;
(3) shall regulate electricity generation and
distribution based on least-cost proposals that comply with federal
and state regulations of air pollutants for which criteria have
been adopted under Section 108 of the federal Clean Air Act (42
U.S.C. Section 7408) or that are listed in Section 112 of the
federal Clean Air Act (42 U.S.C. Section 7412); and
(4) to the extent possible, shall ensure that each
entity engaged in generating, transmitting, or distributing
electric energy that increases non-fuel rates based on
implementation of a Clean Power Plan or anticipated implementation
of a Clean Power Plan does not increase the rates by more than 1.5
percent.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.