Bill Text: TX HB4599 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the establishment and implementation by the Texas Commission on Environmental Quality of a program to reduce the emissions of greenhouse gases in this state; authorizing a fee.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-26 - Referred to Environmental Regulation [HB4599 Detail]
Download: Texas-2019-HB4599-Introduced.html
By: Blanco | H.B. No. 4599 |
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relating to the establishment and implementation by the Texas | ||
Commission on Environmental Quality of a program to reduce the | ||
emissions of greenhouse gases in this state; authorizing a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle C, Title 5, Health and Safety Code, is | ||
amended by adding Chapter 396 to read as follows: | ||
CHAPTER 396. GREENHOUSE GAS EMISSIONS REDUCTION PROGRAM | ||
Sec. 396.0101. DEFINITIONS. In this chapter: | ||
(1) "Carbon dioxide equivalent emissions" means the | ||
number of metric tons of emissions of carbon dioxide that has the | ||
same global warming potential as one metric ton of a compared | ||
greenhouse gas. | ||
(2) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(3) "Covered entity" means: | ||
(A) an entity permitted under Section 382.05102 | ||
in a manner consistent with Section 382.051; and | ||
(B) an entity or class of entities that, as | ||
determined by the commission, is transporting, selling, or | ||
otherwise using a covered fuel in a manner that emits a greenhouse | ||
gas into the atmosphere. | ||
(4) "Covered fuel" means crude oil, natural gas, coal, | ||
or another product derived from crude oil, natural gas, biofuel or | ||
coal that is used in a manner that emits greenhouse gases into the | ||
atmosphere. | ||
(5) "Greenhouse gas" includes carbon dioxide, | ||
methane, nitrous oxide, sulfur hexafluoride, hydrofluorocarbons, | ||
and perfluorocarbons. | ||
Sec. 396.0102. GREENHOUSE GAS EMISSIONS REDUCTION PROGRAM; | ||
FEE. The commission by rule shall establish a program that: | ||
(1) reduces emissions of greenhouse gases in this | ||
state; | ||
(2) imposes a fee on emissions resulting from the use | ||
or transfer of a covered fuel by a covered entity; and | ||
(3) issues payments for facilities that capture and | ||
sequester carbon dioxide. | ||
Sec. 396.0103. FEE AMOUNT AND RATE. (a) The commission | ||
shall impose a fee on the emission of a greenhouse gas in this state | ||
for each metric ton of carbon dioxide equivalent emissions of the | ||
greenhouse gas multiplied by the fee rate. | ||
(b) The commission by rule shall establish a fee rate of not | ||
less than $5. | ||
Sec. 396.0104. DISPOSITION OF FEE. The commission shall | ||
deposit to the credit of the emissions fee account the fees | ||
collected under this chapter. | ||
Sec. 396.0105. EMISSIONS FEE ACCOUNT. (a) The emissions | ||
fee account is an account in the general revenue fund. | ||
(b) The account is administered by the commission for the | ||
benefit of the program established under this chapter. Interest | ||
earned on the account is credited to the account. | ||
(c) The account consists of fees deposited to the credit of | ||
the account under Section 396.0104 and any other money appropriated | ||
or transferred to the account. | ||
(d) Money in the account may be used only for: | ||
(1) payments made under Section 396.0107; | ||
(2) administration of the program established under | ||
this chapter; or | ||
(3) other programs to reduce the emissions of | ||
greenhouse gases in this state. | ||
Sec. 396.0106. FEE EXEMPTIONS. The commission: | ||
(1) shall exempt agricultural uses of covered fuel | ||
from payment of the fee imposed under Section 396.0103; and | ||
(2) may establish other appropriate exemptions under | ||
the program. | ||
Sec. 396.0107. SEQUESTRATION PAYMENTS. (a) The commission | ||
shall pay to a facility that captures and sequesters carbon dioxide | ||
an amount equal to the metric tons of carbon dioxide captured and | ||
sequestered multiplied by the rate established under Section | ||
396.0103(b). | ||
Sec. 396.0108. EMISSIONS REDUCTION SCHEDULE. The | ||
commission shall establish a schedule for annual reductions of | ||
emissions of greenhouse gases. | ||
Sec. 396.0109. TERMINATION OF FEE. The commission may not | ||
collect a fee under Section 396.0103 or make a payment under Section | ||
396.0107 if the executive director of the commission determines | ||
that the actual emissions of greenhouse gases from covered fuels is | ||
not more than 10 percent of the emissions of greenhouse gases from | ||
covered fuels during the year 2016. | ||
SECTION 2. This Act takes effect September 1, 2019. |