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  86R5483 TSR-D
 
  By: Anchia H.B. No. 928
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to establishing the Texas Climate Change Mitigation and
  Adaptation Commission to study and address the impacts of climate
  change in this state.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  (a) This Act shall be known as the Texas Climate
  Change Mitigation and Adaptation Act.
         (b)  The legislature finds that:
               (1)  climate change is real and is the overriding
  challenge of the 21st century;
               (2)  climate change poses immediate and long-term
  threats to this state's economy, sustainability, security, and way
  of life;
               (3)  countless scientific studies have concluded that
  greenhouse gas emissions are a leading contributing factor to
  global warming; and
               (4)  addressing climate change requires a two-pronged
  approach that includes:
                     (A)  the reduction of activities that contribute
  to global warming; and
                     (B)  adaptations to mitigate the impacts of
  climate change on this state.
         (c)  The legislature further finds that:
               (1)  on December 12, 2015, 195 countries at the 21st
  Conference of the Parties to the United Nations Framework
  Convention on Climate Change adopted an agreement addressing
  greenhouse gas emissions mitigation, adaptation, and finance to
  begin in the year 2020, known as the Paris Agreement. The Paris
  Agreement entered into force on November 4, 2016, and is the largest
  concerted global effort to combat climate change to date. The
  agreement will be implemented to reflect equity and the principle
  of common but differentiated responsibilities and respective
  capabilities, in light of different national circumstances. Under
  the agreement, the parties will:
                     (A)  set greenhouse gas emissions reduction
  goals;
                     (B)  record and communicate information through a
  transparency framework; and
                     (C)  provide support to undeveloped countries
  through a finance mechanism; and
               (2)  the Paris Agreement aims to strengthen the global
  response to the threat of climate change in the context of
  sustainable development and efforts to eradicate poverty,
  including by:
                     (A)  holding the increase in the global average
  temperature to well below two degrees Celsius above preindustrial
  levels while pursuing efforts to limit the temperature increase to
  1.5 degrees Celsius above preindustrial levels to significantly
  reduce the risks and impacts of climate change;
                     (B)  developing ways to adapt to the adverse
  impacts of climate change and to foster climate resilience and low
  greenhouse gas emissions development in a manner that does not
  threaten food production; and
                     (C)  making finance flows consistent with a
  pathway toward low greenhouse gas emissions and climate-resilient
  development.
         (d)  The legislature declares that:
               (1)  notwithstanding federal action, the legislature
  supports the goals of the Paris Agreement to combat climate change
  and the effects of climate change on environments, economies, and
  communities around the world;
               (2)  this state recognizes that to promote a statewide
  response to climate change, collaboration and cooperation are
  needed in the following areas:
                     (A)  early warning systems;
                     (B)  emergency preparedness;
                     (C)  slow onset events;
                     (D)  events that may involve irreversible and
  permanent loss and damage;
                     (E)  comprehensive risk assessment and
  management;
                     (F)  risk insurance facilities, climate risk
  pooling, and other insurance solutions;
                     (G)  noneconomic losses; and
                     (H)  resilience of communities, livelihoods, and
  ecosystems; and
               (3)  it is in the best interests of this state to:
                     (A)  expand strategies and mechanisms to reduce
  greenhouse gas emissions statewide through the reduction of energy
  use, adoption of renewable energy, and control of air pollution
  among all governmental entities, industries, and sectors,
  including transportation;
                     (B)  expand only the strategies and mechanisms
  under Paragraph (A) that use the best available science,
  technologies, and policies to reduce greenhouse gas emissions and
  that are closely aligned with the climate change principles and
  goals adopted in the Paris Agreement and in this state's share of
  obligations within the expectations apportioned to the United
  States in the agreement, notwithstanding federal action;
                     (C)  strive to formulate and communicate
  long-term low greenhouse gas emissions development strategies; and
                     (D)  take actions to conserve and enhance
  long-term sinks and reservoirs of greenhouse gases by prioritizing
  the development of parks and greenways, and the restoration of
  coastal forests and wetlands.
         SECTION 2.  The purpose of this Act is to document this
  state's commitment to combating climate change and improving this
  state's resilience to climate change by systematically reducing
  greenhouse gas emissions and by aligning with the principles and
  contributing to the goals set by the Paris Agreement through the
  creation of the Texas Climate Change Mitigation and Adaptation
  Commission.
         SECTION 3.  Subtitle C, Title 5, Health and Safety Code, is
  amended by adding Chapter 396 to read as follows:
  CHAPTER 396. TEXAS CLIMATE CHANGE MITIGATION AND ADAPTATION
  COMMISSION
         Sec. 396.001.  DEFINITIONS. In this chapter:
               (1)  "Commission" means the Texas Climate Change
  Mitigation and 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 Climate Change Mitigation and 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 climate
  change; and
               (3)  local, state, and federal officials involved in
  climate change 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.  DUTIES OF COMMISSION. The commission shall:
               (1)  establish climate change mitigation and
  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 climate change 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 climate
  change;
                     (B)  potential economic ramifications of impacts
  related to climate change; and
                     (C)  existing climate change mitigation and
  adaptation efforts at the federal, state, and local levels;
               (4)  make recommendations for meeting or exceeding this
  state's climate change mitigation goals established by the
  commission;
               (5)  assess the capacity and availability of existing
  resources and identify new sources of revenue necessary to address
  climate change mitigation and adaptation; and
               (6)  advise the governor, legislature, and local
  governments of this state on the economic and budgetary
  ramifications of climate change impacts, mitigation, and
  adaptation.
         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 climate change mitigation and
  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 89th
  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 climate
  change mitigation and 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 climate change 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 4.  (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 Climate Change Mitigation and
  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 Climate Change
  Mitigation and Adaptation Commission appointed under this section
  shall draw lots to determine which members will serve terms
  expiring February 1, 2021, which members will serve terms expiring
  February 1, 2023, and which members will serve terms expiring
  February 1, 2025.
         SECTION 5.  Not later than September 30, 2020, the Texas
  Climate Change Mitigation and 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 6.  This Act takes effect September 1, 2019.