| 1 | 1 | | 89R9760 JRR-F |
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| 2 | 2 | | By: Alvarado S.B. No. 1264 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to corrective action plans for certain emissions events. |
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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 382.02165 to read as follows: |
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| 13 | 13 | | Sec. 382.02165. LOCAL AIR POLLUTION CONTROL PROGRAM NOTICE |
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| 14 | 14 | | AND INPUT ON CORRECTIVE ACTION PLAN FOR EMISSIONS EVENT. (a) In |
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| 15 | 15 | | this section, "emissions event" has the meaning assigned by Section |
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| 16 | 16 | | 382.0215. |
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| 17 | 17 | | (b) This section applies only to an excessive emissions |
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| 18 | 18 | | event: |
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| 19 | 19 | | (1) for which the commission requires a facility to |
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| 20 | 20 | | take action under Section 382.0216(c) to reduce emissions from the |
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| 21 | 21 | | excessive emissions event; and |
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| 22 | 22 | | (2) that occurs in the jurisdiction of a local |
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| 23 | 23 | | government that operates an air pollution control program. |
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| 24 | 24 | | (c) The commission shall notify each applicable local air |
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| 25 | 25 | | pollution control program of an excessive emissions event occurring |
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| 26 | 26 | | in the jurisdiction of the local government that operates the |
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| 27 | 27 | | program. The commission shall provide the notice required by this |
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| 28 | 28 | | subsection at the time the commission notifies the facility of the |
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| 29 | 29 | | excessive emissions event. |
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| 30 | 30 | | (d) On receipt of a corrective action plan filed under |
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| 31 | 31 | | Section 382.0216(c), the commission shall provide each local air |
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| 32 | 32 | | pollution control program described by Subsection (c) of this |
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| 33 | 33 | | section with not less than 30 days to provide comments on the |
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| 34 | 34 | | corrective action plan. |
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| 35 | 35 | | (e) The commission may disapprove a corrective action plan |
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| 36 | 36 | | before the expiration of the period described by Subsection (d) but |
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| 37 | 37 | | may not approve the plan before the expiration of that period. |
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| 38 | 38 | | (f) If the commission approves the corrective action plan, |
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| 39 | 39 | | the commission shall provide the approved plan to each local air |
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| 40 | 40 | | pollution control program described by Subsection (c). |
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| 41 | 41 | | (g) Comments provided by a local air pollution control |
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| 42 | 42 | | program under Subsection (d) are not subject to public disclosure |
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| 43 | 43 | | under Chapter 552, Government Code. |
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| 44 | 44 | | SECTION 2. Section 382.02165, Health and Safety Code, as |
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| 45 | 45 | | added by this Act, applies only to an excessive emissions event that |
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| 46 | 46 | | occurs on or after the effective date of this Act. An excessive |
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| 47 | 47 | | emissions event that occurs before the effective date of this Act is |
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| 48 | 48 | | governed by the law in effect on the date the emissions event |
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| 49 | 49 | | occurred, and the former law is continued in effect for that |
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| 50 | 50 | | purpose. |
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| 51 | 51 | | SECTION 3. This Act takes effect immediately if it receives |
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| 52 | 52 | | a vote of two-thirds of all the members elected to each house, as |
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| 53 | 53 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 54 | 54 | | Act does not receive the vote necessary for immediate effect, this |
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| 55 | 55 | | Act takes effect September 1, 2025. |
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