74R5345 MI-D By Henderson, Haywood S.B. No. 290 Substitute the following for S.B. No. 290: By Kuempel C.S.S.B. No. 290 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the delay of the employer trip reduction program. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. (a) Notwithstanding any rule of the Texas 1-5 Natural Resource Conservation Commission to the contrary, the Texas 1-6 Natural Resource Conservation Commission shall immediately suspend, 1-7 until the 181st day after the effective date of this Act, 1-8 implementation of the employer trip reduction program: 1-9 (1) prescribed by Section 182(d)(1)(B) of the federal 1-10 Clean Air Act (42 U.S.C. Section 7511a(d)(1)(B)); and 1-11 (2) to be developed in accordance with guidance issued 1-12 by the administrator of the Environmental Protection Agency. 1-13 (b) An employer required by rule of the Texas Natural 1-14 Resource Conservation Commission to perform an act, other than the 1-15 submission of an employer trip reduction plan, to comply with the 1-16 employer trip reduction program is not required to perform the act 1-17 until the 181st day after the effective date of this Act. 1-18 SECTION 2. (a) The governor may extend the suspension of 1-19 the employer trip reduction program imposed by this Act as provided 1-20 by this section. 1-21 (b) The governor by executive order, with the consent by 1-22 resolution of the house of representatives and the senate, may 1-23 extend the suspension of the employer trip reduction program 1-24 imposed by this Act for 45 days, beginning on the date the 2-1 suspension expires. The governor may order additional, successive 2-2 45-day suspensions under this section as the governor considers 2-3 necessary or desirable. 2-4 (c) The governor may seek from the United States 2-5 Environmental Protection Agency a series of successive 45-day 2-6 waivers of federal enforcement of, and federal compliance deadlines 2-7 for, the employer trip reduction program. 2-8 (d) The Texas Natural Resource Conservation Commission may 2-9 not seek from the United States Environmental Protection Agency a 2-10 waiver of federal enforcement of, or federal compliance deadlines 2-11 for, the employer trip reduction program. 2-12 SECTION 3. (a) Notwithstanding any rule of the Texas 2-13 Natural Resource Conservation Commission to the contrary, an 2-14 employer who makes a good faith effort to comply with commission 2-15 rules governing the employer trip reduction program is considered 2-16 to be in compliance with those rules. 2-17 (b) Notwithstanding any rule of the Texas Natural Resource 2-18 Conservation Commission or any provision of an employer trip 2-19 reduction program adopted under a rule of the Texas Natural 2-20 Resource Conservation Commission, an employee may not be required 2-21 to participate in an employer trip reduction plan if the employee: 2-22 (1) travels no more than 30 miles one-way from the 2-23 employee's residence to the employee's place of employment; or 2-24 (2) spends not longer than one hour traveling one way 2-25 from the employee's residence to the employee's place of 2-26 employment. 2-27 (c) A letter from the employee to the employer stating that 3-1 the employee meets the requirements of Subsection (b) of this 3-2 section is sufficient evidence that the employee qualifies for 3-3 exemption under this section from an employer trip reduction plan. 3-4 SECTION 4. The Texas Natural Resource Conservation 3-5 Commission may not take any enforcement action against or impose 3-6 any penalty on an employer related to the employer trip reduction 3-7 program if the employer has complied with the commission's 3-8 requirement to submit an employer trip reduction plan. 3-9 SECTION 5. The importance of this legislation and the 3-10 crowded condition of the calendars in both houses create an 3-11 emergency and an imperative public necessity that the 3-12 constitutional rule requiring bills to be read on three several 3-13 days in each house be suspended, and this rule is hereby suspended, 3-14 and that this Act take effect and be in force from and after its 3-15 passage, and it is so enacted.