By Shapleigh S.B. No. 1561 77R6723 MI-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the acceptance by the Texas Natural Resource 1-3 Conservation Commission of certain emissions reductions in exchange 1-4 for other emissions reductions. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Section 382.0172, Health and Safety Code, is 1-7 amended to read as follows: 1-8 Sec. 382.0172. INTERNATIONAL BORDER AREAS. (a) In order to 1-9 qualify for the exceptions provided by Section 179B of the federal 1-10 Clean Air Act (42 U.S.C. Section 7509a), as added by Section 818 of 1-11 the federal Clean Air Act Amendments of 1990 (Pub.L. No. 101-549), 1-12 the commission, in developing rules and control programs to be 1-13 included in an implementation plan for an international border 1-14 area, shall ensure that the plan or revision: 1-15 (1) meets all requirements applicable to the plan or 1-16 revision under Title I of the federal Clean Air Act Amendments of 1-17 1990 (Pub.L. No. 101-549), other than a requirement that the plan 1-18 or revision demonstrates attainment and maintenance of the relevant 1-19 national ambient air quality standards by the attainment date 1-20 specified by the applicable provision of Title I of the federal 1-21 Clean Air Act Amendments of 1990 (Pub.L. No. 101-549) or by a 1-22 regulation adopted under that provision; and 1-23 (2) would be adequate to attain and maintain the 1-24 relevant national ambient air quality standards by the attainment 2-1 date specified by the applicable provision of Title I of the 2-2 federal Clean Air Act Amendments of 1990 (Pub.L. No. 101-549) or by 2-3 a regulation adopted under that provision, but for emissions 2-4 emanating from outside the United States. 2-5 (b) For purposes of any emissions control or permit program 2-6 adopted or administered by the commission, the commission, to the 2-7 extent allowed by federal law, may: 2-8 (1) authorize the use of emissions reductions achieved 2-9 outside the United States to satisfy otherwise applicable emissions 2-10 reduction requirements if the commission finds that the emissions 2-11 reductions achieved outside the United States are surplus to 2-12 requirements imposed by applicable law and are appropriately 2-13 quantifiable and enforceable; and 2-14 (2) allow the use of reductions in emissions of one 2-15 air contaminant to satisfy otherwise applicable requirements for 2-16 reductions in emissions of another air contaminant if the 2-17 commission finds that the air contaminant emissions reductions that 2-18 will be substituted are of equal or greater significance to the 2-19 overall air quality of the area affected than reductions in 2-20 emissions of the other air contaminant. 2-21 SECTION 2. Not later than January 3, 2003, the Texas Natural 2-22 Resource Conservation Commission shall report to the governor and 2-23 the legislature regarding the implementation of the substitutions 2-24 of reductions in emissions of air contaminants authorized by 2-25 Section 382.0172, Health and Safety Code, as amended by this Act. 2-26 SECTION 3. This Act takes effect immediately if it receives 2-27 a vote of two-thirds of all the members elected to each house, as 3-1 provided by Section 39, Article III, Texas Constitution. If this 3-2 Act does not receive the vote necessary for immediate effect, this 3-3 Act takes effect September 1, 2001.