82R9819 SLB-F
By: Hancock H.B. No. 2545
A BILL TO BE ENTITLED
AN ACT
relating to the participation of this state in the Regional Air
Quality Compact.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 5, Health and Safety Code, is
amended by adding Chapter 393 to read as follows:
CHAPTER 393. REGIONAL AIR QUALITY COMPACT
Sec. 393.001. EXECUTION AND TEXT OF COMPACT. This state
enacts the Regional Air Quality Compact and enters into the compact
with all other states whose legislatures adopt the compact
substantially as follows:
REGIONAL AIR QUALITY COMPACT
ARTICLE 1. DEFINITIONS; PURPOSE OF COMPACT
Sec. 1.01. In this compact:
(1) "Clean Air Act" means the federal Clean Air Act (42
U.S.C. Section 7401 et seq.).
(2) "Commission" means the Regional Air Quality
Commission.
(3) "Party state" means a state that is a party to the
compact under this chapter.
Sec. 1.02. Each party state shall work cooperatively with
the other party states to formulate a plan for implementing a
program administered by party states and local governments within
those states for the prevention of air pollution and the control of
air pollution at its source, as a replacement for the functions of
the United States Environmental Protection Agency relating to the
enforcement of laws regulating air quality. A plan adopted under
this compact shall include common guidance for state implementation
plans under the Clean Air Act.
ARTICLE 2. DUTIES OF COMMISSION AND GOVERNORS OF PARTY STATES
Sec. 2.01. The governor of each party state shall nominate
one commissioner to the commission within 30 days of the effective
date of the compact.
Sec. 2.02. The commission shall develop guidance for use by
the party states to ensure conformity with applicable state and
federal law. The guidance shall include the ability to issue orders
notifying a party state of violations of air quality regulations.
Sec. 2.03. The commission shall recommend such changes in
federal and state law as may be necessary to implement the compact,
including the restoration of original constitutional constraints
on federal power.
Sec. 2.04. The governor of each party state shall seek
enactment of legislation recommended by the commission at the
earliest possible date.
Sec. 2.05. The commission shall develop any documents
needed for the organization of the commission and shall recommend a
budget to the legislatures of the party states.
ARTICLE 3. IMPLEMENTATION
Sec. 3.01. This compact becomes effective on adoption by
any two states. Once the compact is effective, the provisions of
the compact shall become effective immediately for any state that
adopts the compact by enactment of legislation.
Sec. 3.02. On passage of a resolution by the United States
Congress consenting to this compact, the guidance developed by the
commission shall replace the review and enforcement authority of
the United States Environmental Protection Agency relating to its
powers and duties under the Clean Air Act.
Sec. 3.03. This compact may be amended by agreement of the
party states and enactment of an amendment by the legislature of
each party state.
Sec. 3.04. By consenting to this compact, the United States
Congress consents to any amendment adopted under this compact.
ARTICLE 4. WITHDRAWAL AND DISSOLUTION
Sec. 4.01. A party state may withdraw from this compact by
repealing the legislation adopting the compact.
Sec. 4.02. The compact shall be dissolved and the
provisions of the compact may not be enforced if at any point after
becoming effective fewer than two states remain in the compact.
SECTION 2. This Act take effect September 1, 2011.