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


Senate Research CenterC.S.S.B. 889
By: Harris
Natural Resources
4/24/1999
Committee Report (Substituted)


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.  Sets forth certain
information required in a written commitment to the U.S. Environmental
Protection Agency by a certain date from TNRCC, when an airport operated by
a joint board demonstrates conformity without offsets for emissions from
sources that the airport does not own or control pursuant to the terms of
this section.  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.

 SUMMARY OF COMMITTEE CHANGES

SECTION 2. 

Amends Section 382.0391, Health and Safety Code, to set forth certain
information required in a written commitment to the U.S. Environmental
Protection Agency by a certain date from TNRCC, when an airport operated by
a joint board demonstrates conformity without offsets for emissions from
sources that the airport does not own or control pursuant to the terms of
this section.