87R5534 SLB-D
By: Morales Shaw H.B. No. 2369
A BILL TO BE ENTITLED
AN ACT
relating to the shutdown during a weather-related disaster of
facilities that have reported emissions events to the Texas
Commission on Environmental Quality.
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 382.0261 to read as follows:
Sec. 382.0261. ORDERS ISSUED DURING DISASTER DECLARATION.
The commission shall adopt rules to implement, in the event of a
state or federally declared weather-related disaster, a system of
staggered shutdowns for regulated entities located in the area
covered by the disaster declaration that are required to report
emissions events under Section 382.0215. Rules adopted under this
section must:
(1) consider the 10-year history of reported emissions
events, or the entire history of reported emissions events if a
regulated entity has been in operation for less than 10 years, and
provide that the regulated entities with the highest number of
reported emissions events over the course of the considered history
be ordered to shut down before regulated entities with lower
numbers of reported emissions events;
(2) ensure that the procedures for the staggered
shutdown:
(A) minimize the cumulative air pollution
effects of the shutdown; and
(B) cause the shutdown to be completed in the
safest manner possible; and
(3) include exceptions for specific types of
facilities whose shutdown would increase a risk to the health or
safety of the population in the area covered by the disaster
declaration.
SECTION 2. This Act takes effect September 1, 2021.