78R5899 JTS-F
By: Turner H.B. No. 2230
A BILL TO BE ENTITLED
AN ACT
relating to the imposition of an excessive emissions events fee to
support air quality monitoring at certain schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 382, Health and Safety
Code, is amended by adding Section 382.0217 to read as follows:
Sec. 382.0217. EXCESSIVE EMISSIONS EVENTS FEE. (a) An
owner or operator of a facility in a nonattainment area whose
emissions events, as defined by Section 382.0215, result in the
emission of more than 10,000 pounds of air contaminants in a year
shall pay to the commission a fee in an amount equal to $1 for each
pound of air contaminants that the facility emitted during those
emissions events in excess of 10,000 pounds. Air contaminants
emitted in an emissions event for which an affirmative defense is
available under Section 382.0216(f) are not exempt from inclusion
in the computation of a fee under this subsection.
(b) Fees collected under Subsection (a) shall be deposited
to the credit of the school air monitoring account. The school air
monitoring account is an account in the general revenue fund that
may be appropriated only to the commission. The commission may use
money in the account only to implement a plan adopted by rule to
ensure that the air quality of a school located not more than two
miles from a federal source does not threaten the health of the
children at the school at any time, including during an emissions
event. The plan must require the installation of air quality
monitors either at the school or at the federal source.
(c) In developing a plan under Subsection (b), the
commission shall:
(1) consider the effects in the area of each school of:
(A) criteria pollutants;
(B) ozone;
(C) air toxics;
(D) respirable particulate matter with a
diameter of less than 2.5 microns; and
(E) cumulative toxic impacts;
(2) prioritize schools needing monitoring by
considering:
(A) each school's proximity to the federal
source;
(B) the likely movement of air contaminants due
to prevailing wind direction; and
(C) the ages of the children at the school; and
(3) conduct at least five public hearings in areas
with a high occurrence of emissions events.
(d) The commission shall include in its biennial reports
under Section 5.178, Water Code, an assessment of its progress in
developing and implementing the plan under this section.
SECTION 2. (a) This Act takes effect September 1, 2003, and
applies to an emissions event that occurs on or after that date. An
emissions event that occurs before that date is governed by the law
in effect on the date the emissions event occurred, and the former
law is continued in effect for that purpose.
(b) The Texas Commission on Environmental Quality shall
implement the plan required by Section 382.0217, Health and Safety
Code, as added by this Act, not later than June 1, 2004.