By: Smith of Harris (Senate Sponsor - Gallegos) H.B. No. 1981
(In the Senate - Received from the House April 11, 2011;
April 20, 2011, read first time and referred to Committee on
Natural Resources; May 16, 2011, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 9,
Nays 0; May 16, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 1981 By: Nichols
A BILL TO BE ENTITLED
AN ACT
relating to measuring, monitoring, and reporting emissions.
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 382.0161 to read as follows:
Sec. 382.0161. AIR POLLUTANT WATCH LIST. (a) The
commission shall establish and maintain an air pollutant watch
list. The air pollutant watch list must identify:
(1) each air contaminant that the commission
determines, on the basis of federal or state ambient air quality
standards for the contaminant, should be included on the air
pollutant watch list; and
(2) each geographic area of the state for which
ambient air quality monitoring data indicates that the individual
or cumulative emissions of one or more air contaminants identified
by the commission under Subdivision (1) may cause short-term or
long-term adverse human health effects or odors in that area.
(b) The commission shall publish notice of and allow public
comment on:
(1) an addition of an air contaminant to or removal of
an air contaminant from the air pollutant watch list; or
(2) an addition of an area to or removal of an area
from the air pollutant watch list.
(c) When considering the addition or removal of an area to
or from the air pollutant watch list, the commission shall provide
the monitoring data related to the area to the state senator and
representative who represent the area.
(d) The commission may hold a public meeting in an area
listed on the air pollutant watch list to provide residents of the
area with information regarding:
(1) the reasons for the area's inclusion on the air
pollutant watch list; and
(2) commission actions to reduce the emissions of air
contaminants contributing to the area's inclusion on the air
pollutant watch list.
(e) The air pollutant watch list and the addition or removal
of a pollutant or area to or from the list are not matters subject to
the requirements of Subchapter B, Chapter 2001, Government Code.
SECTION 2. Sections 382.0215(e) and (g), Health and Safety
Code, are amended to read as follows:
(e) The commission shall develop the capacity for
electronic reporting and shall incorporate reported emissions
events into a permanent online centralized database for emissions
events. The commission shall develop a mechanism whereby the
reporting entity shall be allowed to review the information
relative to its reported emissions events prior to such information
being included in the database. The database shall be easily
searchable and accessible to the public. The commission shall
evaluate information in the database to identify persons who
repeatedly fail to report reportable emissions events. The
commission shall enforce against such persons pursuant to Section
382.0216(i). The commission shall describe such enforcement
actions in the report required in Subsection (g).
(g) The commission annually, or at the request of a member
of the legislature, shall assess the information received under
this section, including actions taken by the commission in response
to the emissions events, and shall include the assessment in the
report required by Section 5.126, Water Code.
SECTION 3. Chapter 505, Health and Safety Code, is amended
by adding Section 505.017 to read as follows:
Sec. 505.017. NOTICE ISSUED UNDER EMERGENCIES. (a) When
immediate notification of a release by a facility to the state
emergency response commission is required in accordance with EPCRA,
the state agency responsible for the information submitted to the
state emergency response commission, on receipt of the required
notification, shall make a determination as to whether the release
reported will substantially endanger human health or the
environment.
(b) If the responsible state agency determines that a
release will substantially endanger human health or the
environment, the agency shall, on request, notify the state senator
or representative who represents the area in which the facility is
located of the release within four hours of receipt of the original
notification.
SECTION 4. This Act takes effect September 1, 2011.
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