By Capelo H.B. No. 2649
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to prohibiting the Texas Natural Resource Conservation
1-3 Commission from imposing controls more stringent than federal
1-4 controls on motor fuel content.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 382.019(a), Health and Safety Code, is
1-7 amended to read as follows:
1-8 (a) Except as provided by Section 382.037(g), or another
1-9 provision of this chapter, the [The] commission by rule may provide
1-10 requirements concerning the particular method to be used to control
1-11 and reduce emissions from engines used to propel land vehicles.
1-12 SECTION 2. Section 382.037, Health and Safety Code, is
1-13 amended by amending Subsection (g) and adding Subsections (h) and
1-14 (i) to read as follows:
1-15 (g) The commission may not establish, before January 1,
1-16 2004, vehicle fuel content standards to provide for vehicle fuel
1-17 content for clean motor vehicle fuels for any area of the state
1-18 that are more stringent or restrictive [other] than those standards
1-19 promulgated by the United States Environmental Protection Agency
1-20 applicable to that area, except for the fuel described in
1-21 Subsection (h), unless the fuel is specifically authorized by the
1-22 legislature [or unless it is demonstrated to be necessary for the
1-23 attainment of federal ozone ambient air quality standards or,
1-24 following appropriate health studies and in consultation with the
2-1 Texas Department of Health, it is determined to be necessary for
2-2 the protection of public health].
2-3 (h) The commission may not require the distribution of Texas
2-4 low-emission diesel as described in revisions to the State
2-5 Implementation Plan for the control of ozone air pollution before
2-6 February 1, 2005.
2-7 (i) The commission may consider, as an alternative method of
2-8 compliance with Subsection (h), fuels to achieve equivalent
2-9 emissions reductions.
2-10 SECTION 3. Section 382.039(a), Health and Safety Code, is
2-11 amended to read as follows:
2-12 (a) Except as provided by Section 382.037(g) or another
2-13 provision of this chapter, the [The] commission shall coordinate
2-14 with federal, state, and local transportation planning agencies to
2-15 develop and implement transportation programs and other measures
2-16 necessary to demonstrate and maintain attainment of national
2-17 ambient air quality standards and to protect the public from
2-18 exposure to hazardous air contaminants from motor vehicles.
2-19 SECTION 4. The changes in law made by this Act do not apply
2-20 to fuel standards adopted by the Texas Natural Resource
2-21 Conservation Commission before September 1, 2000.
2-22 SECTION 5. This Act takes effect September 1, 2001.