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.