88R11528 JRR-D
By: Lopez of Cameron H.B. No. 4932
A BILL TO BE ENTITLED
AN ACT
relating to the amount of foreign emissions of air contaminants in
nonattainment areas and the required revision of the state
implementation plan to account for those 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 382.0175 to read as follows:
Sec. 382.0175. AMOUNT OF FOREIGN EMISSIONS IN NONATTAINMENT
AREAS; REQUIRED REVISION OF STATE IMPLEMENTATION PLAN. (a) In this
section, "foreign emissions" means emissions of air contaminants
emanating from outside this state.
(b) Not later than October 1, 2023, the commission shall
request from the administrator the amount of foreign emissions that
are detected or estimated to be at each federal air quality
monitoring site located in each nonattainment area in this state
with respect to each air contaminant for which the area is
designated as being in nonattainment for any national ambient air
quality standards.
(c) If the commission does not receive the information
requested under Subsection (b) within 180 days of the date of the
commission's request, the commission shall estimate the amount of
foreign emissions described by Subsection (b). The commission may
contract with a third party to conduct the estimate required by this
subsection.
(d) The commission shall, using the information received
from a request made under Subsection (b) or an estimate conducted
under Subsection (c), revise the state implementation plan to
account for the amount of foreign emissions in each nonattainment
area in this state in any manner permissible under federal law.
(e) This section expires September 1, 2027.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.