| 1 | 1 | | H.B. No. 4932 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the amount of foreign emissions of air contaminants in |
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| 6 | 6 | | nonattainment areas and the revision of the state implementation |
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| 7 | 7 | | plan to account for those emissions. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter B, Chapter 382, Health and Safety |
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| 10 | 10 | | Code, is amended by adding Section 382.0175 to read as follows: |
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| 11 | 11 | | Sec. 382.0175. AMOUNT OF FOREIGN EMISSIONS IN NONATTAINMENT |
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| 12 | 12 | | AREAS; REVISION OF STATE IMPLEMENTATION PLAN. (a) In this section: |
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| 13 | 13 | | (1) "Foreign emissions" means emissions of air |
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| 14 | 14 | | contaminants emanating from outside the United States. |
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| 15 | 15 | | (2) "Federal air quality monitor" means a monitor that |
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| 16 | 16 | | is used to report data to the United States Environmental |
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| 17 | 17 | | Protection Agency to demonstrate compliance with the national |
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| 18 | 18 | | ambient air quality standards. |
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| 19 | 19 | | (b) The commission shall estimate the contribution of |
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| 20 | 20 | | foreign emissions at each federal air quality monitor located in |
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| 21 | 21 | | each nonattainment area in this state with respect to each air |
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| 22 | 22 | | contaminant for which the area is designated as being in |
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| 23 | 23 | | nonattainment for any national ambient air quality standards for |
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| 24 | 24 | | ozone or particulate matter. The commission may contract with a |
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| 25 | 25 | | third party to conduct the estimate required by this subsection. |
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| 26 | 26 | | (c) Not later than September 1, 2027, the executive director |
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| 27 | 27 | | shall, using the estimate conducted under Subsection (b), report to |
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| 28 | 28 | | the commission a recommendation on whether to revise the state |
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| 29 | 29 | | implementation plan to account for the contribution of foreign |
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| 30 | 30 | | emissions in each nonattainment area in this state in any manner |
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| 31 | 31 | | permissible under federal law. In preparing the report to the |
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| 32 | 32 | | commission, the executive director shall consider any areas in this |
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| 33 | 33 | | state designated as nonattainment for ozone or particulate matter |
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| 34 | 34 | | as of September 1, 2026. |
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| 35 | 35 | | (d) This section expires September 1, 2029. |
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| 36 | 36 | | SECTION 2. This Act takes effect immediately if it receives |
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| 37 | 37 | | a vote of two-thirds of all the members elected to each house, as |
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| 38 | 38 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 39 | 39 | | Act does not receive the vote necessary for immediate effect, this |
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| 40 | 40 | | Act takes effect September 1, 2023. |
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| 41 | 41 | | ______________________________ ______________________________ |
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| 42 | 42 | | President of the Senate Speaker of the House |
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| 43 | 43 | | I certify that H.B. No. 4932 was passed by the House on May 4, |
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| 44 | 44 | | 2023, by the following vote: Yeas 134, Nays 4, 2 present, not |
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| 45 | 45 | | voting. |
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| 46 | 46 | | ______________________________ |
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| 47 | 47 | | Chief Clerk of the House |
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| 48 | 48 | | I certify that H.B. No. 4932 was passed by the Senate on May |
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| 49 | 49 | | 21, 2023, by the following vote: Yeas 29, Nays 2. |
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| 50 | 50 | | ______________________________ |
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| 51 | 51 | | Secretary of the Senate |
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| 52 | 52 | | APPROVED: _____________________ |
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| 53 | 53 | | Date |
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| 54 | 54 | | _____________________ |
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| 55 | 55 | | Governor |
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