Texas 2009 - 81st Regular

Texas House Bill HB557 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R3285 JJT-D
2	2	By: Hernandez H.B. No. 557
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of an air pollutant watch list and
8	8	associated reports for the purpose of controlling the emissions of
9	9	air contaminants under the Texas Clean Air Act.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 382.0205, Health and Safety Code, is
12	12	amended to read as follows:
13	13	Sec. 382.0205. SPECIAL PROBLEMS RELATED TO AIR CONTAMINANT
14	14	EMISSIONS. Consistent with applicable federal law, the commission
15	15	by rule may control air contaminants as necessary to protect
16	16	against adverse effects related to:
17	17	(1) acid deposition;
18	18	(2) stratospheric changes, including depletion of
19	19	ozone; [and]
20	20	(3) climatic changes, including global warming; and
21	21	(4) air pollution.
22	22	SECTION 2. Subchapter B, Chapter 382, Health and Safety
23	23	Code, is amended by adding Sections 382.0206 and 382.0207 to read as
24	24	follows:
25	25	Sec. 382.0206. AIR POLLUTANT WATCH LIST. (a) The
26	26	commission shall establish and maintain an air pollutant watch
27	27	list. The air pollutant watch list must identify:
28	28	(1) each air contaminant that the commission
29	29	determines, on the basis of federal or state ambient air quality
30	30	standards or effects screening levels for the contaminant, should
31	31	be included on the air pollutant watch list; and
32	32	(2) each geographic area of the state for which
33	33	ambient air quality monitoring data indicates that the individual
34	34	or cumulative emissions of one or more air contaminants identified
35	35	by the commission under Subdivision (1) may cause short-term or
36	36	long-term adverse human health effects or odors in that area.
37	37	(b) The commission shall publish notice of and allow public
38	38	comment on:
39	39	(1) an addition of an air contaminant to or removal of
40	40	an air contaminant from the air pollutant watch list; or
41	41	(2) an addition of an area to or removal of an area
42	42	from the air pollutant watch list.
43	43	(c) Each year, the commission shall hold a public meeting in
44	44	each area listed on the air pollutant watch list to provide
45	45	residents of the area with information regarding:
46	46	(1) the reasons for the area's inclusion on the air
47	47	pollutant watch list; and
48	48	(2) commission actions to reduce the emissions of air
49	49	contaminants contributing to the area's inclusion on the air
50	50	pollutant watch list.
51	51	(d) Not later than December 1 of each year, the commission
52	52	shall prepare an electronic report regarding the air pollutant
53	53	watch list and provide the report to the governor, the lieutenant
54	54	governor, and the speaker of the house of representatives. The
55	55	report must include:
56	56	(1) the areas and air contaminants currently listed on
57	57	the air pollutant watch list;
58	58	(2) the areas and air contaminants added to or removed
59	59	from the air pollutant watch list during the preceding fiscal year;
60	60	(3) the actions taken by the commission during the
61	61	preceding fiscal year to reduce the ambient air concentration
62	62	levels of air contaminants included on the air pollutant watch
63	63	list; and
64	64	(4) any additional monitoring that is needed in a
65	65	particular area of the state to determine whether the area should be
66	66	included on the air pollutant watch list.
67	67	(e) The air pollutant watch list and the addition of or
68	68	removal of a pollutant or area to or from the list are not matters
69	69	subject to the procedural requirements of Subchapter B, Chapter
70	70	2001, Government Code.
71	71	Sec. 382.0207. PUBLICATION OF AMBIENT AIR QUALITY STANDARDS
72	72	ON INTERNET WEBSITE. The commission shall promptly publish on its
73	73	Internet website any ambient air quality data collected by the
74	74	commission from mobile or stationary ambient air quality monitors.
75	75	SECTION 3. Not later than December 1, 2010, the Texas
76	76	Commission on Environmental Quality shall prepare and provide to
77	77	the governor, the lieutenant governor, and the speaker of the house
78	78	of representatives the initial report required under Section
79	79	382.0206(d), Health and Safety Code, as added by this Act.
80	80	SECTION 4. This Act takes effect September 1, 2009.