By: Barrientos S.B. No. 123
(In the Senate - Filed December 17, 2004; February 1, 2005,
read first time and referred to Committee on Natural Resources;
April 6, 2005, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 6, 2005,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 123 By: Barrientos
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).
(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 a submitted early action plan 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.
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.
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