| 1 | 1 | | 87R5534 SLB-D |
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| 2 | 2 | | By: Morales Shaw H.B. No. 2369 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the shutdown during a weather-related disaster of |
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| 8 | 8 | | facilities that have reported emissions events to the Texas |
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| 9 | 9 | | Commission on Environmental Quality. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter B, Chapter 382, Health and Safety |
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| 12 | 12 | | Code, is amended by adding Section 382.0261 to read as follows: |
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| 13 | 13 | | Sec. 382.0261. ORDERS ISSUED DURING DISASTER DECLARATION. |
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| 14 | 14 | | The commission shall adopt rules to implement, in the event of a |
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| 15 | 15 | | state or federally declared weather-related disaster, a system of |
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| 16 | 16 | | staggered shutdowns for regulated entities located in the area |
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| 17 | 17 | | covered by the disaster declaration that are required to report |
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| 18 | 18 | | emissions events under Section 382.0215. Rules adopted under this |
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| 19 | 19 | | section must: |
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| 20 | 20 | | (1) consider the 10-year history of reported emissions |
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| 21 | 21 | | events, or the entire history of reported emissions events if a |
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| 22 | 22 | | regulated entity has been in operation for less than 10 years, and |
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| 23 | 23 | | provide that the regulated entities with the highest number of |
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| 24 | 24 | | reported emissions events over the course of the considered history |
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| 25 | 25 | | be ordered to shut down before regulated entities with lower |
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| 26 | 26 | | numbers of reported emissions events; |
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| 27 | 27 | | (2) ensure that the procedures for the staggered |
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| 28 | 28 | | shutdown: |
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| 29 | 29 | | (A) minimize the cumulative air pollution |
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| 30 | 30 | | effects of the shutdown; and |
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| 31 | 31 | | (B) cause the shutdown to be completed in the |
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| 32 | 32 | | safest manner possible; and |
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| 33 | 33 | | (3) include exceptions for specific types of |
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| 34 | 34 | | facilities whose shutdown would increase a risk to the health or |
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| 35 | 35 | | safety of the population in the area covered by the disaster |
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| 36 | 36 | | declaration. |
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| 37 | 37 | | SECTION 2. This Act takes effect September 1, 2021. |
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