S.B. No. 290
AN ACT
1-1 relating to the delay of the employer trip reduction program.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. (a) Notwithstanding any rule of the Texas
1-4 Natural Resource Conservation Commission to the contrary, the Texas
1-5 Natural Resource Conservation Commission shall immediately suspend,
1-6 until the 181st day after the effective date of this Act,
1-7 implementation of the employer trip reduction program:
1-8 (1) prescribed by Section 182(d)(1)(B) of the federal
1-9 Clean Air Act (42 U.S.C. Section 7511a(d)(1)(B)); and
1-10 (2) to be developed in accordance with guidance issued
1-11 by the administrator of the Environmental Protection Agency.
1-12 (b) An employer required by rule of the Texas Natural
1-13 Resource Conservation Commission to perform an act, other than the
1-14 submission of an employer trip reduction plan, to comply with the
1-15 employer trip reduction program is not required to perform the act
1-16 until the 181st day after the effective date of this Act.
1-17 SECTION 2. (a) The governor may extend the suspension of
1-18 the employer trip reduction program imposed by this Act as provided
1-19 by this section.
1-20 (b) The governor by executive order may extend the
1-21 suspension of the employer trip reduction program imposed by this
1-22 Act for 45 days, beginning on the date the suspension expires. The
1-23 governor may order additional, successive 45-day suspensions under
1-24 this section as the governor considers necessary or desirable.
2-1 (c) The governor may seek from the United States
2-2 Environmental Protection Agency a series of successive 45-day
2-3 waivers of federal enforcement of, and federal compliance deadlines
2-4 for, the employer trip reduction program.
2-5 (d) The Texas Natural Resource Conservation Commission may
2-6 not seek from the United States Environmental Protection Agency a
2-7 waiver of federal enforcement of, or federal compliance deadlines
2-8 for, the employer trip reduction program.
2-9 SECTION 3. (a) Notwithstanding any rule of the Texas
2-10 Natural Resource Conservation Commission to the contrary, an
2-11 employer who makes a good faith effort to comply with commission
2-12 rules governing the employer trip reduction program is considered
2-13 to be in compliance with those rules.
2-14 (b) Notwithstanding any rule of the Texas Natural Resource
2-15 Conservation Commission or any provision of an employer trip
2-16 reduction program adopted under a rule of the Texas Natural
2-17 Resource Conservation Commission, an employee may not be required
2-18 to participate in an employer trip reduction plan if the employee:
2-19 (1) travels no more than 30 miles one way from the
2-20 employee's residence to the employee's place of employment; or
2-21 (2) spends not longer than one hour traveling one way
2-22 from the employee's residence to the employee's place of
2-23 employment.
2-24 (c) A letter from the employee to the employer stating that
2-25 the employee meets the requirements of Subsection (b) of this
2-26 section is sufficient evidence that the employee qualifies for
2-27 exemption under this section from an employer trip reduction plan.
3-1 SECTION 4. The Texas Natural Resource Conservation
3-2 Commission may not take any enforcement action against or impose
3-3 any penalty on an employer related to the employer trip reduction
3-4 program if the employer has complied with the commission's
3-5 requirement to submit an employer trip reduction plan and is in
3-6 compliance pursuant to Subsection (a) of Section 3 of this Act.
3-7 SECTION 5. The importance of this legislation and the
3-8 crowded condition of the calendars in both houses create an
3-9 emergency and an imperative public necessity that the
3-10 constitutional rule requiring bills to be read on three several
3-11 days in each house be suspended, and this rule is hereby suspended,
3-12 and that this Act take effect and be in force from and after its
3-13 passage, and it is so enacted.