1-1     By:  Harris                                            S.B. No. 889
 1-2           (In the Senate - Filed March 4, 1999; March 8, 1999, read
 1-3     first time and referred to Committee on Natural Resources;
 1-4     April 27, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 4, Nays 1; April 27, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 889               By:  Barrientos
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to air quality standards for certain airports.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Subsection (a), Section 382.039, Health and
1-13     Safety Code, is amended to read as follows:
1-14           (a)  The commission shall coordinate with federal, state, and
1-15     local transportation planning agencies and joint boards as defined
1-16     by Section 382.0391 to develop and implement transportation
1-17     programs and other measures necessary to demonstrate and maintain
1-18     attainment of national ambient air quality standards and to protect
1-19     the public from exposure to hazardous air contaminants from motor
1-20     vehicles.
1-21           SECTION 2.  Subchapter B, Chapter 382, Health and Safety
1-22     Code, is amended by adding Section 382.0391 to read as follows:
1-23           Sec. 382.0391.  ATTAINMENT PROGRAMS FOR CERTAIN AIRPORTS.
1-24     (a)  In this section:
1-25                 (1)  "Joint board" means a board created under Section
1-26     22.074, Transportation Code, by a populous home-rule municipality.
1-27                 (2)  "Populous home-rule municipality" has the meaning
1-28     assigned by Section 22.071, Transportation Code.
1-29           (b)  This section applies only to an airport operated by a
1-30     joint board.
1-31           (c)  In developing and implementing an attainment program
1-32     under Section 382.039, the commission shall ensure that compliance
1-33     with conformity requirements established by commission rules may be
1-34     achieved without an offset for emissions from a source that is not
1-35     owned or directly controlled by the joint board, including a source
1-36     operated by a person under a contract with the joint board.
1-37           (d)  When an airport operated by a joint board demonstrates
1-38     conformity without offsets for emissions from sources that the
1-39     airport does not own or control pursuant to the terms of this
1-40     section, the commission shall within 180 days make a written
1-41     commitment to the United States Environmental Protection Agency
1-42     which:
1-43                 (1)  includes a schedule for adoption and submittal of
1-44     a revision to the applicable state implementation plan:
1-45                 (2)  identifies the measures to be incorporated into
1-46     the applicable state implementation plan so that the emissions
1-47     budget is not exceeded;
1-48                 (3)  demonstrates that all state implementation plan
1-49     requirements are being implemented in the area for the pollutants
1-50     affected by the federal action;
1-51                 (4)  determines that the project sponsor has made all
1-52     reasonably available modifications to reduce emissions and has
1-53     sought all available emission offsets from sources the airport owns
1-54     or controls; and
1-55                 (5)  includes written documentation including all air
1-56     quality analyses supporting the conformity determination.
1-57           (e)  This section does not limit the commission's authority
1-58     to:
1-59                 (1)  enforce state or federal new source review
1-60     permitting requirements for a nonattainment area; or
1-61                 (2)  accept an emission offset voluntarily offered by a
1-62     joint board to assist in the demonstration of conformity under a
1-63     commission rule.
1-64           SECTION 3.  (a)  This Act takes effect September 1, 1999.
 2-1           (b)  This Act applies to an action for which a conformity
 2-2     demonstration is pending on the effective date of this Act.
 2-3           SECTION 4.  The importance of this legislation and the
 2-4     crowded condition of the calendars in both houses create an
 2-5     emergency and an imperative public necessity that the
 2-6     constitutional rule requiring bills to be read on three several
 2-7     days in each house be suspended, and this rule is hereby suspended.
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