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79R2121 SLO-D

By:  Rodriguez                                                    H.B. No. 278



A BILL TO BE ENTITLED

AN ACT

relating to air quality control measures proposed pursuant to an 
early action compact.
	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 382.0173 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).
	(b)  The commission:                                                    
		(1)  shall 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; and
		(2)  may authorize or implement in a near nonattainment 
area any air quality control measure the commission may authorize 
or implement for use in a nonattainment area.
	(c)  The commission may authorize or implement an air quality 
control measure under Subsection (b) only if both the participating 
county and the largest municipality in that county that are parties 
to an early action compact request the measure as part of an early 
action plan.
	(d)  In estimating the maximum amount of emissions allowable 
for a near nonattainment area to remain in attainment of national 
ambient air quality standards, the commission shall provide a 
reasonable margin to allow for population and industrial growth, 
foreseeable weather events, and scientifically accepted margins of 
error in data and modeling.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.