HBA-LJP C.S.H.B. 2649 77(R) BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2649 By: Capelo Environmental Regulation 4/20/2001 Committee Report (Substituted) BACKGROUND 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. C.S.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 It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 2649 amends the Health and Safety Code to provide that the prohibition on the Texas Natural Resource Conservation Commission (TNRCC) from establishing vehicle fuel content standards (standards) for clean motor vehicle fuels that are more stringent or restrictive than the standards established by the United States Environmental Protection Agency (EPA) only applies before January 1, 2004. The bill deletes the authorization of TNRCC to set standards other than the standards of the EPA if the standards of TNRCC are needed to comply with the attainment of federal ozone ambient air quality standards or following appropriate health studies and consultations with the Texas Department of Health, it is determined that TNRCC standards are necessary for the protection of public health. The bill prohibits TNRCC from requiring the distribution of certain Texas low-emission diesel for the control of ozone air pollution prior to February 1, 2005. The substitute authorizes TNRCC to consider fuels to achieve equivalent emissions reductions as an alternative method of compliance with the above prohibition. The bill provides that the changes in law made by this Act do not apply to fuel standards adopted by TNRCC before September 1, 2000. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2649 modifies the original to prohibit the Texas Natural Resource Conservation Commission (TNRCC) from requiring the distribution of Texas low-emission diesel for the control of ozone air pollution prior to February 1, 2005. The substitute authorizes TNRCC to consider fuels to achieve equivalent emissions reductions as an alternative method of complying with the above prohibition. The substitute also provides that the prohibition on the TNRCC from establishing vehicle fuel content standards other than those promulgated by the Environmental Protection Agency only applies before January 1, 2004.