1-1 By: Shapleigh S.B. No. 1561 1-2 (In the Senate - Filed March 9, 2001; March 14, 2001, read 1-3 first time and referred to Committee on Natural Resources; 1-4 March 29, 2001, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 6, Nays 0; March 29, 2001, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1561 By: Duncan 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the acceptance by the Texas Natural Resource 1-11 Conservation Commission of certain emissions reductions in exchange 1-12 for other emissions reductions. 1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-14 SECTION 1. Section 382.0172, Health and Safety Code, is 1-15 amended to read as follows: 1-16 Sec. 382.0172. INTERNATIONAL BORDER AREAS. (a) In order to 1-17 qualify for the exceptions provided by Section 179B of the federal 1-18 Clean Air Act (42 U.S.C. Section 7509a), as added by Section 818 of 1-19 the federal Clean Air Act Amendments of 1990 (Pub.L. No. 101-549), 1-20 the commission, in developing rules and control programs to be 1-21 included in an implementation plan for an international border 1-22 area, shall ensure that the plan or revision: 1-23 (1) meets all requirements applicable to the plan or 1-24 revision under Title I of the federal Clean Air Act Amendments of 1-25 1990 (Pub.L. No. 101-549), other than a requirement that the plan 1-26 or revision demonstrates attainment and maintenance of the relevant 1-27 national ambient air quality standards by the attainment date 1-28 specified by the applicable provision of Title I of the federal 1-29 Clean Air Act Amendments of 1990 (Pub.L. No. 101-549) or by a 1-30 regulation adopted under that provision; and 1-31 (2) would be adequate to attain and maintain the 1-32 relevant national ambient air quality standards by the attainment 1-33 date specified by the applicable provision of Title I of the 1-34 federal Clean Air Act Amendments of 1990 (Pub.L. No. 101-549) or by 1-35 a regulation adopted under that provision, but for emissions 1-36 emanating from outside the United States. 1-37 (b) For purposes of any emissions control or permit program 1-38 adopted or administered by the commission and subject to Subsection 1-39 (c), the commission, to the extent allowed by federal law, may: 1-40 (1) authorize the use of emissions reductions achieved 1-41 outside the United States to satisfy otherwise applicable emissions 1-42 reduction requirements if the commission finds that the emissions 1-43 reductions achieved outside the United States are surplus to 1-44 requirements imposed by applicable law and are appropriately 1-45 quantifiable and enforceable; and 1-46 (2) allow the use of reductions in emissions of one 1-47 air contaminant to satisfy otherwise applicable requirements for 1-48 reductions in emissions of another air contaminant if the 1-49 commission finds that the air contaminant emissions reductions that 1-50 will be substituted are of equal or greater significance to the 1-51 overall air quality of the area affected than reductions in 1-52 emissions of the other air contaminant. 1-53 (c) The commission may authorize or allow substitution of 1-54 emissions reductions under Subsection (b) only if: 1-55 (1) reductions in emissions of one air contaminant for 1-56 which the area has been designated as nonattainment are substituted 1-57 for reductions in emissions of another air contaminant for which 1-58 the area has been designated as nonattainment; and 1-59 (2) the commission finds that the substitution will 1-60 clearly result in greater health benefits for the community as a 1-61 whole than would reductions in emissions at the original facility. 1-62 SECTION 2. Not later than January 3, 2003, the Texas Natural 1-63 Resource Conservation Commission shall report to the governor and 1-64 the legislature regarding the implementation of the substitutions 2-1 of reductions in emissions of air contaminants authorized by 2-2 Section 382.0172, Health and Safety Code, as amended by this Act. 2-3 SECTION 3. This Act takes effect immediately if it receives 2-4 a vote of two-thirds of all the members elected to each house, as 2-5 provided by Section 39, Article III, Texas Constitution. If this 2-6 Act does not receive the vote necessary for immediate effect, this 2-7 Act takes effect September 1, 2001. 2-8 * * * * *