By: Noriega H.B. No. 3447
A BILL TO BE ENTITLED
AN ACT
relating to port control of vehicle emissions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 382, Health and Safety Code, is amended
by adding Subchapter H to read as follows:
SUBCHAPTER H. PORT AIR QUALITY PROGRAM
Section 382.251. DEFINITIONS. In this subchapter:
(1) "Commission" means the Texas Commission on
Environmental Quality.
(2) "Peak commuter hours" means those hours determined
by the commission in consultation with the owners and operators of
the port or navigation district and any labor union that is
represented at the port or navigation district.
Section 382.252. PORT AIR QUALITY PROGRAM. (a) Each port
or navigation district shall operate in a manner that does not cause
the engines of diesel trucks to idle or queue for more than 30
minutes while waiting to enter a port or navigation district.
(b) A port or navigation district that fails to operate in
the manner required by subsection (a) is liable to the state for a
civil penalty in the amount of $250 for each truck that idles or
queues for more than 30 minutes while waiting to enter the port or
navigation district.
(c) In addition, any port or navigation district that takes
action intended to avoid or circumvent the requirements of this
Subchapter or to avoid or circumvent the reduction of emissions of
particulate matter from idling or queuing trucks is liable to the
state for a civil penalty in the amount of $750.
(d) Actions intended to avoid or circumvent the
requirements of this Subchapter include:
(1) diverting an idling truck to a area highways or
alternate staging areas;
(2) requiring a truck to idle or queue inside the gate
of a port or navigation district; or
(3) requiring or directing a truck driver to turn on
and off an engine while queuing.
(e) A port or navigation district does not violate the
provisions of this Subchapter by causing a truck required to idle or
queue for more than 30 minutes while waiting to enter the gate into
a port or navigation district, if the delay is caused by:
(1) inclement weather;
(2) labor disputes;
(3) declared state and federal emergencies; or
(4) if the Commission finds that an unavoidable or
unforeseeable event caused trucks to idle and that the port or
navigation district is otherwise in good faith compliance with the
Subchapter.
Section 382.253. EXEMPTIONS (a) Sections 382.252 (a) and
(b) do not apply to ports or navigation districts that provide two
continuous hours of uninterrupted, fully staffed receiving and
delivery gates two hours prior to and after peak commuter hours each
day, at least five days per week. The Commission shall notify a
port or navigation district of the final determination of the peak
commuter hours.
(b) Sections 382.252 (a) and (b) do not apply to ports or
navigation districts that operate fully staffed receiving and
delivery gates for 70 or more hours, five days per week.
(c) To qualify under Subsections (a) or (b), a port or
navigation district must notify the Commission the date of
implementation of the above-described measure. The port or
navigation district remains subject to the subchapter until the
date of implementation of such measure.
Section 382.254. ENFORCEMENT. (a) A port or navigation
district shall be monitored by the Commission to ensure compliance
with this Subchapter.
(b) Failure to pay a civil penalty, or receipt of 3 or more
civil penalties during a 3 month period, shall result in a civil
penalty of $2000 payable to the state.
Section 382.255. RULES. (a) The commission shall adopt
such rules and regulations necessary to administer this Subchapter
as added by this Act.
(b) The commission shall determine the necessary level of
monitoring and enforcement commensurate with the level of the truck
idling problem at each port or navigation district, and adopt rules
necessary to carry out the purpose of reducing emissions of
particulate matter from idling or queuing trucks intended by this
Subchapter.
SECTION 2. This Act takes effect September 1, 2003.