SRC-MKV H.B. 2649 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2649
By: Capelo (Duncan)
Natural Resources
5/9/2001
Engrossed


DIGEST AND PURPOSE 

Under current law, the Texas Natural Resource Conservation Commission
(TNRCC) is prohibited from establishing vehicle fuel content standards
(standards) that are different from the standards of the United States
Environmental Protection Agency (EPA). However, TNRCC is authorized to
implement different standards if the legislature authorizes the standards,
the standards are necessary for the attainment of federal ozone ambient air
quality standards, or following appropriate health studies and
consultations with the Texas Department of Health, the standards are
determined to be necessary for the protection of public health. If TNRCC
implements standards different from the EPA and does not apply the
standards statewide, gaps in these standards may make it difficult for
fuel-related businesses in Texas to serve different areas. H.B. 2649
provides that TNRCC is prohibited from establishing more stringent or
restrictive standards than EPA standards for an area of the state before
January 1, 2004.  

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 382.019(a), Health and Safety Code, to add an
exception as provided by Section 382.037(g), or another provision of this
chapter. 

SECTION 2.  Amends Section 382.037, Health and Safety Code, by amending
Subsection (g) and adding Subsections (h) and (i), as follows: 

(g) Prohibits the Texas Natural Resource Conservation Commission
(commission) from establishing, before January 1, 2004, vehicle fuel
content standards to provide for vehicle fuel content for clean motor
vehicle fuels for any area of the state that are more stringent or
restrictive than those standards promulgated by the United States
Environmental Protection Agency applicable to that area, except for the
fuel described in Subsection (h), unless the fuel is specifically
authorized by the legislature.  Deletes language relating to attainment of
federal ozone ambient air quality standards. 

(h) Prohibits the commission from requiring the distribution of Texas
low-emission diesel as described in revisions to the State Implementation
Plan for the control of ozone air pollution before February 1, 2005. 

(i) Authorizes the commission to consider, as an alternative method of
compliance with Subsection (h), fuels to achieve equivalent emissions
reductions. 

SECTION 3.  Amends Section 382.039(a), Health and Safety Code, to make a
conforming change. 

SECTION 4.  Provides that the changes in law made by this Act do not apply
to fuel standards adopted by the Texas Natural Resource Conservation
Commission before September 1, 2000. 
 
SECTION 5.  Effective date: September 1, 2001.