1-1 By: Capelo (Senate Sponsor - Duncan) H.B. No. 2649
1-2 (In the Senate - Received from the House May 4, 2001;
1-3 May 7, 2001, read first time and referred to Committee on Natural
1-4 Resources; May 11, 2001, reported favorably by the following vote:
1-5 Yeas 7, Nays 0; May 11, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to prohibiting the Texas Natural Resource Conservation
1-9 Commission from imposing controls more stringent than federal
1-10 controls on motor fuel content.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 382.019(a), Health and Safety Code, is
1-13 amended to read as follows:
1-14 (a) Except as provided by Section 382.037(g), or another
1-15 provision of this chapter, the [The] commission by rule may provide
1-16 requirements concerning the particular method to be used to control
1-17 and reduce emissions from engines used to propel land vehicles.
1-18 SECTION 2. Section 382.037, Health and Safety Code, is
1-19 amended by amending Subsection (g) and adding Subsections (h) and
1-20 (i) to read as follows:
1-21 (g) The commission may not establish, before January 1,
1-22 2004, vehicle fuel content standards to provide for vehicle fuel
1-23 content for clean motor vehicle fuels for any area of the state
1-24 that are more stringent or restrictive [other] than those standards
1-25 promulgated by the United States Environmental Protection Agency
1-26 applicable to that area, except for the fuel described in
1-27 Subsection (h), unless the fuel is specifically authorized by the
1-28 legislature [or unless it is demonstrated to be necessary for the
1-29 attainment of federal ozone ambient air quality standards or,
1-30 following appropriate health studies and in consultation with the
1-31 Texas Department of Health, it is determined to be necessary for
1-32 the protection of public health].
1-33 (h) The commission may not require the distribution of Texas
1-34 low-emission diesel as described in revisions to the State
1-35 Implementation Plan for the control of ozone air pollution before
1-36 February 1, 2005.
1-37 (i) The commission may consider, as an alternative method of
1-38 compliance with Subsection (h), fuels to achieve equivalent
1-39 emissions reductions.
1-40 SECTION 3. Section 382.039(a), Health and Safety Code, is
1-41 amended to read as follows:
1-42 (a) Except as provided by Section 382.037(g) or another
1-43 provision of this chapter, the [The] commission shall coordinate
1-44 with federal, state, and local transportation planning agencies to
1-45 develop and implement transportation programs and other measures
1-46 necessary to demonstrate and maintain attainment of national
1-47 ambient air quality standards and to protect the public from
1-48 exposure to hazardous air contaminants from motor vehicles.
1-49 SECTION 4. The changes in law made by this Act do not apply
1-50 to fuel standards adopted by the Texas Natural Resource
1-51 Conservation Commission before September 1, 2000.
1-52 SECTION 5. This Act takes effect September 1, 2001.
1-53 * * * * *