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Amend CSHB 1900 (House committee printing) as follows:                       
	(1)  Strike page 3, line 27, and page 4, line 1, and 
substitute the following:
	SECTION 2.  Section 382.0216, Health and Safety Code, is 
amended by amending Subsections (a), (b), (c), (f), and (i) and 
adding Subsection (b-1) to read as follows:
	(2)  On page 4, strike lines 5-18 and substitute the 
following:              
	(b)  The commission shall establish criteria for determining 
when an emissions event or a series of emissions events are 
excessive. The criteria must include consideration of:
		(1)  [the frequency of the facility's emissions events;      
		[(2)  the cause of the emissions event;                      
		(3) the quantity and impact on human health or the 
environment of the emissions event; and
		(2) [(4)] the duration of the emissions event [;
		[(5)  the percentage of a facility's total annual 
operating hours during which emissions events occur; and
		[(6)  the need for startup, shutdown, and maintenance 
activities].
	(b-1)  The commission may determine that an emissions event 
or a series of emissions events are not excessive based on a failure 
to meet criteria established by the commission under Subsection 
(b). If the commissioner determines that an emissions event or a 
series of emissions events are not excessive on that basis, the 
commission shall evaluate the emissions event or series of 
emissions events based on consideration of the following factors:
		(1)  the frequency of the regulated entity's emissions 
events, taking into consideration the regulated entity's size and 
complexity;
		(2)  the cause of the emissions event;                                 
		(3)  the quantity and the impact on human health or the 
environment of the emissions event;
		(4)  the duration of the emissions event;                              
		(5)  the percentage of a facility's total annual 
operating hours during which the emissions events occur;
		(6)  the need for startup, shutdown, and maintenance 
activities; and 
		(7)  the impact of the emissions event on the state's 
compliance with the state implementation plan.
	(3)  On page 5, strike lines 9-14 and substitute the 
following:              
	(f)  Consistent with the federal Clean Air Act, the 
commission by rule may establish an affirmative defense to a 
commission enforcement action if the emissions event is determined 
not to be excessive under this section. The commission may not 
authorize the use of the affirmative defense if the unauthorized 
emissions:
		(1)  caused or contributed to:                                         
			(A)  a condition in which national ambient air 
quality standards are exceeded;
			(B)  the prevention of significant deterioration 
increments; or     
			(C)  a condition of air pollution; or                                 
		(2)  were a part of a frequent or recurring pattern 
indicative of inadequate design, operation, or maintenance [The 
commission by rule may establish an affirmative defense to a 
commission enforcement action if the emissions event meets criteria 
defined by commission rule. In establishing rules under this 
subsection, the commission at a minimum must require consideration 
of the factors listed in Subsections (b)(1) (6)].