By Horn                                               H.B. No. 3398

         Line and page numbers may not match official copy.

         Bill not drafted by TLC or Senate E&E.

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the provision requiring legislative review and

 1-3     oversight of actions of the Ozone Transport Assessment Group

 1-4     initiated by the United States Environmental Protection Agency.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Title 2, Water Code, is amended to add subchapter

 1-7     I as follows:

 1-8               SUBCHAPTER I:  OZONE TRANSPORT ASSESSMENT GROUP

 1-9           Sec. 5.40:  FINDINGS AND PURPOSES:  The House of Texas hereby

1-10     find that:

1-11           (a)  The Federal Clean Air Act, as amended, 42 U.S.C. 7401 et

1-12     seq., contains a comprehensive regulatory scheme for the control of

1-13     emissions from mobile and stationary sources;

1-14           (b)  Ozone and other air pollutants have declined

1-15     substantially during the past 25 years throughout the United States

1-16     due to implementation of the Clean Air Act, and additional air

1-17     quality improvements will result as the 1990 Clean Air Act

1-18     Amendments are implemented;

1-19           (c)  The Northeast Ozone Transport Commission ("OTC"), in an

1-20     effort to remedy the serious ozone nonattainment conditions

1-21     prevailing in urbanized areas of the Northeast, has proposed

1-22     emission control requirements for stationary and mobile sources

 2-1     more stringent than those applicable to states outside of the

 2-2     Northeast Ozone Transport Region ("OTR"), including a petition to

 2-3     the U.S.  Environmental Protection Agency ("EPA") concerning

 2-4     Low-Emitting Vehicle emission control requirements;

 2-5           (d)  The OTC's initiatives, together with other local

 2-6     emission control actions, will help northeastern states to attain

 2-7     the national ambient air quality standard for ozone;

 2-8           (e)  In response to concerns raised by certain north eastern

 2-9     states about the interstate transport of ozone, the U.S. EPA has

2-10     convened the Ozone Transport Assessment Group ("OTAG"), involving

2-11     representatives from 25 states to the west and south of the

2-12     Northeast OTR, including Texas to consider means to reduce the

2-13     atmospheric transport of ozone;

2-14           (f)  OTAG will develop recommendations in 1997 for emission

2-15     control actions in states outside of the Northeast that may form

2-16     the basis for U.S. EPA enforcement actions under the Clean Air Act,

2-17     including the preparation land submission of State Implementation

2-18     Plans calling for control actions in Texas not specifically

2-19     mandated by the Clean Air Act Amendments of 1990;