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. 2-8 * * * * *