79R4838 SLO-D
By: Ellis S.B. No. 1387
A BILL TO BE ENTITLED
AN ACT
relating to adoption of rules by the Texas Commission on
Environmental Quality relating to effects screening levels.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, 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 set effects screening levels that evaluate
the potential for effects to occur as a result of exposure to
concentrations of air contaminants. The effects screening levels
must:
(1) be based in part on the effects, including the
long-term and short-term health effects, of 24-hour exposure of a
person who is pregnant, elderly, or a child to the contaminants at
the fence line of the emission source; and
(2) measure for a wide variety of contaminants.
(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 under
Subsection (a) to be exceeded. The commission by rule shall
establish requirements for the assessment of a penalty for a
violation of this subsection.
SECTION 2. Not later than January 1, 2006, the Texas
Commission on Environmental Quality shall adopt rules relating to
effects screening levels as required by Section 382.042, Health and
Safety Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2005.