SRC-PNG S.B. 889 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 889
76R5213 MXM-FBy: Harris
Natural Resources
3/24/1999
As Filed


DIGEST 

Currently, the Federal Aviation Administration (FAA) has set forth "General
Conformity" requirements for all projects that it is statutorily required
to approve under the National Environmental Policy Act (NEPA).  Under these
requirements, the FAA cannot authorize, approve, or support a development
or construction project on an airport until the sponsor airport can prove
that it is in conformity with its air quality State Implementation
Plan(SIP).  Under Texas law, the Texas Natural Resource Conservation
Commission is responsible for adopting and overseeing the SIP.  This bill
ensures that the Dallas-Fort Worth Airport is only held accountable under
the SIP for those emissions over which it has direct control. 

PURPOSE

As proposed, S.B. 889 revises air quality standards for certain airports.

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 382.039(a), Health and Safety Code, to require
the Texas Natural Resource Conservation Commission (TNRCC) to coordinate
with federal, state, and local transportation planning agencies and joint
boards as defined by Section 382.0391 to develop and implement
transportation programs and other measures necessary to demonstrate and
maintain attainment of national ambient air quality standards and to
protect the public from exposure to hazardous air contaminants from motor
vehicles. 

SECTION 2. Amends Chapter 382B, Health and Safety Code, by adding Section
382.0391, as follows: 

Sec.  382.0391.  ATTAINMENT PROGRAMS FOR CERTAIN AIRPORTS.  Defines "joint
board" and "populous home-rule municipality."  Provides that this section
applies only to an airport operated by a joint board.  Requires TNRCC, in
developing and implementing an attainment program under Section 382.039,
to ensure that compliance with conformity requirements established by
commission rules may be achieved without an offset for emissions from a
source that is not owned or directly controlled by the joint board,
including a source operated by a person under a contract with the joint
board. 

SECTION 3. Effective date: September 1, 1999.
Provides that this Act applies to an action for which a conformity
demonstration is pending on the effective date of this Act. 

SECTION 4. Emergency clause.