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                                  * * * * *