HBA-LJP H.B. 3523 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3523 By: Madden Environmental Regulation 3/25/2001 Introduced BACKGROUND AND PURPOSE Under the federal Clean Air Act, areas with pollution that exceed the standards of the United States Environmental Protection Agency, including emission standards of motor vehicles, may be designated as nonattainment and maintenance areas. The Clean Air Act requires a state with nonattainment areas to develop a plan that shows how each area will reduce emissions of air pollutants. The consolidation of these plans is the state implementation plan (SIP). Current law requires the Texas Natural Resource Conservation Commission (TNRCC) to establish a motor vehicles' emissions inspection and maintenance program for the SIP, while the Department of Public Safety (department) is required to ensure compliance with the program. House Bill 3523 requires both the department and TNRCC to develop comprehensive plans to inspect motor vehicle emissions to ensure compliance with the standards of SIP and provides for cooperation between the two agencies. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Department of Public Safety and the Texas Natural Resource Conservation Commission in SECTION 1 (Sec. 548.006, Transportation Code) of this bill. ANALYSIS House Bill 3523 amends the Transportation Code to require the Department of Public Safety (department) and the Texas Natural Resource Conservation Commission (TNRCC) to develop separate comprehensive plans to accomplish inspections of motor vehicles in a manner that is in accordance with the state implementation plan to meet federal ambient air quality standards. The bill requires TNRCC to incorporate in its plan any applicable power or duty of TNRCC under provisions relating to the Texas Clean Air Act. The bill requires the department and TNRCC to seek and consider any recommendations of the other agency in the development of the plans. The bill requires the department and TNRCC to adopt rules for the administration of provisions relating to the compulsory inspection of motor vehicles and authorizes these joint rules to address any power or duty of either agency. The bill requires the department and TNRCC to enter into a memorandum of understanding clarifying to the agencies and the public the powers and duties of the agencies. EFFECTIVE DATE September 1, 2001.