HBA-JEK, AMW C.S.H.B. 3483 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3483 By: Ramsay Environmental Regulation 4/6/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE To meet mandated air emission reduction standards, coal-fueled power plants are looking to develop advanced coal utilization technologies. The United States Congress has appropriated funds for the research, development, and deployment of clean coal technologies, but there is no current statewide initiative to study, develop, and encourage voluntary implementation of these technologies. Clean coal technologies have the potential to be more energy efficient and reliable than existing coal technologies and to provide a substantial reduction in emissions compared with existing coal technologies. C.S.H.B. 3483 creates the Clean Coal Technology Council to coordinate actions of state agencies for the study and development of clean coal technology and pilot projects in Texas. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 3483 amends the Government Code to create the Clean Coal Technology Council (council) to perform legislative oversight of, and coordinate actions of state agencies regarding, the study and development of clean coal technology and pilot projects in Texas. The bill provides that the council is composed of: _three state senators appointed by the lieutenant governor, with one designated as co-chair of the council; _three state representatives appointed by the speaker of the house of representatives, with one designated as co-chair of the council; _one member of the public to be appointed by the lieutenant governor; and _one member of the public to be appointed by the speaker of the house of representatives. The bill sets forth provisions regarding council member terms and meetings and provides for the administration and operation of the council. The bill specifies that the council is subject to provisions regarding open meetings, open records, and the Administrative Procedure Act. C.S.H.B. 3483 requires the council to coordinate the activities of the state agency designated by the council to provide administrative support to the council (designated agency) with regard to clean coal technology charges of the council. The bill requires the council to provide direction to the designated agency regarding studying or developing clean coal technologies or requests for proposals for a pilot project in Texas that may assist the council in evaluating technologies, assessing economics, evaluating the environmental benefits, seeking funding, evaluating the useful life of a pilot project, or determining the importance of clean coal technologies to energy policy in Texas. The bill sets forth provisions regarding the other duties of the council and requires the council to file with the governor, lieutenant governor, and speaker of the house of representatives, before January 1 of each odd-numbered year, a report of the council's activities during the two proceeding years and any recommendations for legislation with regard to the pilot projects and to publish the report. The bill also requires the designated agency to maintain a public file relating to the council and to make available to the public a copy of any council report that is provided to the legislature. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 3483 modifies the original bill to specify that the Clean Coal Technology Council (council), rather than Texas Clean Coal Technology Council, is created to perform legislative oversight of, and to coordinate actions of state agencies regarding the study and development of clean coal technology and pilot projects, rather than created with legislative oversight to coordinate actions for the study and development of clean coal technology pilot projects. The substitute adds that council member terms expire February 1 of each odd-numbered year and provides that the terms of the initial council members expire February 1, 2003. The substitute differs from the original bill by authorizing, rather than requiring, the council to designate an appropriate state agency to provide administrative support to the council and to request and distribute federal funding for use by the council. C.S.H.B. 3483 differs from the original bill by requiring the council to assess the potential utility of the use of financial or other incentives for potential pilot projects, rather than requiring requests for proposals to include such assessments for potential respondents. The substitute also differs from the original bill by requiring the council to suggest, rather than determine, reasonable projected durations for pilot projects. The substitute requires the council to file the required biennial report before January 1 of each oddnumbered year, rather than before the date that the next regular session convenes. The substitute makes numerous wording changes throughout the bill to conform with Texas Legislative Council style and format.