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Amend CSHB 1900 (House committee printing) by adding the
following appropriately numbered SECTIONS to the bill and
renumbering the subsequent SECTIONS accordingly:
SECTION ___. Subchapter B, Chapter 382, Health and Safety
Code, is amended by adding Section 382.042 to read as follows:
Sec. 382.042. EFFECTS SCREENING LEVELS; PENALTY. (a) The
commission by rule shall adopt effects screening levels for air
contaminants. Each effects screening level must:
(1) be set in a manner that takes into consideration
all acute and chronic health effects on a person due to exposure to
an air contaminant;
(2) be based in part on the health effects of:
(A) the one-hour, eight-hour, or 24-hour
exposure of a person to the air contaminant at the fence-line of an
emission source; and
(B) the lifetime exposure of a person to the air
contaminant at the fence-line of an emission source; and
(3) be set at a level that does not increase the risk
of cancer in a person exposed to the air contaminant by greater than
one chance in one million.
(b) A person may not cause, suffer, allow, or permit the
emission of any air contaminant or the performance of any activity
that causes an effects screening level set by the commission to be
exceeded. The commission by rule shall establish requirements for
assessing a penalty or initiating an action for an injunction
against a person who violates this subsection.
(c) Not later than October 1, 2007, the commission shall
adopt effects screening levels that comply with the requirements of
Subsection (a). Until the commission adopts effects screening
levels that comply with the requirements of Subsection (a), the
effects screening levels adopted by the commission as of September
1, 2005, are interim standards for purposes of this section and
Section 382.085. This subsection expires November 1, 2007.
SECTION ___. Section 382.042, Health and Safety Code, as
added by this Act, applies to any violation of an effects screening
level set by the commission that occurs on or after the effective
date of this Act. A violation of an effects screening level that
occurs before the effective date of this Act is governed by the law
in effect when the violation occurs, and the former law is continued
in effect for that purpose.