H.B. No. 4932
AN ACT
relating to the amount of foreign emissions of air contaminants in
nonattainment areas and the 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; REVISION OF STATE IMPLEMENTATION PLAN. (a) In this section:
(1) "Foreign emissions" means emissions of air
contaminants emanating from outside the United States.
(2) "Federal air quality monitor" means a monitor that
is used to report data to the United States Environmental
Protection Agency to demonstrate compliance with the national
ambient air quality standards.
(b) The commission shall estimate the contribution of
foreign emissions at each federal air quality monitor 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 for
ozone or particulate matter. The commission may contract with a
third party to conduct the estimate required by this subsection.
(c) Not later than September 1, 2027, the executive director
shall, using the estimate conducted under Subsection (b), report to
the commission a recommendation on whether to revise the state
implementation plan to account for the contribution of foreign
emissions in each nonattainment area in this state in any manner
permissible under federal law. In preparing the report to the
commission, the executive director shall consider any areas in this
state designated as nonattainment for ozone or particulate matter
as of September 1, 2026.
(d) This section expires September 1, 2029.
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4932 was passed by the House on May 4,
2023, by the following vote: Yeas 134, Nays 4, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4932 was passed by the Senate on May
21, 2023, by the following vote: Yeas 29, Nays 2.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor