Texas 2011 - 82nd Regular

Texas House Bill HB2545 Compare Versions

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1	1	82R9819 SLB-F
2	2	By: Hancock H.B. No. 2545
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the participation of this state in the Regional Air
8	8	Quality Compact.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle C, Title 5, Health and Safety Code, is
11	11	amended by adding Chapter 393 to read as follows:
12	12	CHAPTER 393. REGIONAL AIR QUALITY COMPACT
13	13	Sec. 393.001. EXECUTION AND TEXT OF COMPACT. This state
14	14	enacts the Regional Air Quality Compact and enters into the compact
15	15	with all other states whose legislatures adopt the compact
16	16	substantially as follows:
17	17	REGIONAL AIR QUALITY COMPACT
18	18	ARTICLE 1. DEFINITIONS; PURPOSE OF COMPACT
19	19	Sec. 1.01. In this compact:
20	20	(1) "Clean Air Act" means the federal Clean Air Act (42
21	21	U.S.C. Section 7401 et seq.).
22	22	(2) "Commission" means the Regional Air Quality
23	23	Commission.
24	24	(3) "Party state" means a state that is a party to the
25	25	compact under this chapter.
26	26	Sec. 1.02. Each party state shall work cooperatively with
27	27	the other party states to formulate a plan for implementing a
28	28	program administered by party states and local governments within
29	29	those states for the prevention of air pollution and the control of
30	30	air pollution at its source, as a replacement for the functions of
31	31	the United States Environmental Protection Agency relating to the
32	32	enforcement of laws regulating air quality. A plan adopted under
33	33	this compact shall include common guidance for state implementation
34	34	plans under the Clean Air Act.
35	35	ARTICLE 2. DUTIES OF COMMISSION AND GOVERNORS OF PARTY STATES
36	36	Sec. 2.01. The governor of each party state shall nominate
37	37	one commissioner to the commission within 30 days of the effective
38	38	date of the compact.
39	39	Sec. 2.02. The commission shall develop guidance for use by
40	40	the party states to ensure conformity with applicable state and
41	41	federal law. The guidance shall include the ability to issue orders
42	42	notifying a party state of violations of air quality regulations.
43	43	Sec. 2.03. The commission shall recommend such changes in
44	44	federal and state law as may be necessary to implement the compact,
45	45	including the restoration of original constitutional constraints
46	46	on federal power.
47	47	Sec. 2.04. The governor of each party state shall seek
48	48	enactment of legislation recommended by the commission at the
49	49	earliest possible date.
50	50	Sec. 2.05. The commission shall develop any documents
51	51	needed for the organization of the commission and shall recommend a
52	52	budget to the legislatures of the party states.
53	53	ARTICLE 3. IMPLEMENTATION
54	54	Sec. 3.01. This compact becomes effective on adoption by
55	55	any two states. Once the compact is effective, the provisions of
56	56	the compact shall become effective immediately for any state that
57	57	adopts the compact by enactment of legislation.
58	58	Sec. 3.02. On passage of a resolution by the United States
59	59	Congress consenting to this compact, the guidance developed by the
60	60	commission shall replace the review and enforcement authority of
61	61	the United States Environmental Protection Agency relating to its
62	62	powers and duties under the Clean Air Act.
63	63	Sec. 3.03. This compact may be amended by agreement of the
64	64	party states and enactment of an amendment by the legislature of
65	65	each party state.
66	66	Sec. 3.04. By consenting to this compact, the United States
67	67	Congress consents to any amendment adopted under this compact.
68	68	ARTICLE 4. WITHDRAWAL AND DISSOLUTION
69	69	Sec. 4.01. A party state may withdraw from this compact by
70	70	repealing the legislation adopting the compact.
71	71	Sec. 4.02. The compact shall be dissolved and the
72	72	provisions of the compact may not be enforced if at any point after
73	73	becoming effective fewer than two states remain in the compact.
74	74	SECTION 2. This Act take effect September 1, 2011.