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.