89R9760 JRR-F
By: Alvarado S.B. No. 1264
A BILL TO BE ENTITLED
AN ACT
relating to corrective action plans for certain emissions events.
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 382.02165 to read as follows:
Sec. 382.02165. LOCAL AIR POLLUTION CONTROL PROGRAM NOTICE
AND INPUT ON CORRECTIVE ACTION PLAN FOR EMISSIONS EVENT. (a) In
this section, "emissions event" has the meaning assigned by Section
382.0215.
(b) This section applies only to an excessive emissions
event:
(1) for which the commission requires a facility to
take action under Section 382.0216(c) to reduce emissions from the
excessive emissions event; and
(2) that occurs in the jurisdiction of a local
government that operates an air pollution control program.
(c) The commission shall notify each applicable local air
pollution control program of an excessive emissions event occurring
in the jurisdiction of the local government that operates the
program. The commission shall provide the notice required by this
subsection at the time the commission notifies the facility of the
excessive emissions event.
(d) On receipt of a corrective action plan filed under
Section 382.0216(c), the commission shall provide each local air
pollution control program described by Subsection (c) of this
section with not less than 30 days to provide comments on the
corrective action plan.
(e) The commission may disapprove a corrective action plan
before the expiration of the period described by Subsection (d) but
may not approve the plan before the expiration of that period.
(f) If the commission approves the corrective action plan,
the commission shall provide the approved plan to each local air
pollution control program described by Subsection (c).
(g) Comments provided by a local air pollution control
program under Subsection (d) are not subject to public disclosure
under Chapter 552, Government Code.
SECTION 2. Section 382.02165, Health and Safety Code, as
added by this Act, applies only to an excessive emissions event that
occurs on or after the effective date of this Act. An excessive
emissions event that occurs before the effective date of this Act is
governed by the law in effect on the date the emissions event
occurred, and the former law is continued in effect for that
purpose.
SECTION 3. 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, 2025.