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Amend HB 2129 by adding the following appropriately numbered
SECTION and renumbering the subsequent SECTIONS of the bill
accordingly:
SECTION ____. Subchapter B, Chapter 382, Health and Safety
Code, is amended by adding Section 382.0173 to read as follows:
Sec. 382.0173. AREAS SUBJECT TO EARLY ACTION COMPACTS. (a)
In this section:
(1) "Early action compact" has the meaning assigned by
Section 382.301.
(2) "Nonattainment area" means an area so designated
under Section 107(d) of the federal Clean Air Act (42 U.S.C. Section
7407).
(3) "Participating county" has the meaning assigned by
Section 382.301.
(b) The commission shall:
(1) consider the implementation of each air quality
control measure proposed in an early action plan submitted to the
commission pursuant to an early action compact;
(2) authorize or implement each submitted air quality
control measure that the commission determines is reasonably
necessary to ensure attainment of the eight-hour ozone national
ambient air quality standard and prevent a nonattainment
designation in a participating county, including any measure that
could be authorized or implemented in a nonattainment area; and
(3) in authorizing or implementing a submitted air
quality control measure, consider reasonable margins included in a
submitted early action plan that allow for population and
industrial growth, weather events, and scientifically accepted
margins of error in data and modeling.
(c) The commission shall authorize or implement any
subsequent revision to an air quality control measure proposed
under Subsection (b) that directly affects or requires action of a
significant portion of the general population of a participating
county only if the governing bodies of both the participating
county and the most populous municipality that has a majority of the
municipality's residents residing in the participating county
request or consent to the measure as part of an early action plan.