BILL ANALYSIS

 

 

                                                                                                                                            S.B. 1924

                                                                                                                                       By: Gallegos

                                                                                                                  Environmental Regulation

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

According to the United States Environmental Protection Agency, the average adult breathes

over 3,000 gallons of air daily. A child inhales even more air than adult per pound of body

weight because of the rate at which they breath. As a result, children are more susceptible to

illness and ailments from air pollution. The effects or air pollution are greater for children with

respiratory complications, as well.

 

As proposed, S.B. 1924 requires the Texas Commission on Environmental Quality (TCEQ) to establish and maintain an air pollutant watch list that will be made public.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

S.B. 1924 amends the Health and Safety Code and adds air pollution to the list of air contaminates the TCEQ is authorized by rule and consistent with applicable federal law, to control as necessary to protect against adverse effects related to air pollution.

 

The bill requires TCEQ to establish and maintain an air pollutant watch list.  The watch list must identify each air contaminant and each geographic area of the state where the contaminants may cause short or long term adverse human health effects or odors. 

 

The TCEQ is required to publish notice of and allow public comment on certain information relating to the pollutant watch list. 

 

The bill also requires TCEQ to hold an annual public meeting in each area listed on the air pollutant watch list to provide residents with information regarding the reasons for the area's inclusion on the watch list.

 

S.B. 1924 requires the TCEQ to prepare an annual electronic report, beginning no later than December 1, 2008, regarding the air pollutant watch list and provide the report to the governor, the lieutenant governor, and the speaker of the house of representatives.  The report is required to contain the following:

• the areas and air contaminants      currently list on the air pollutant watch list;
• the areas  and air      contaminants added to or removed from the air pollutant watch list during      the preceding fiscal year;
• the actions taken by the TCEQ      during the preceding year to reduce ambient air concentration levels of      air contaminants included on the air pollutant watch list; and
• any additional monitoring that      is needed in a particular area of the state to determine whether the area      should be included on the air pollutant watch list.

 

The bill provides that the air pollutant watch list and the addition of or removal of a pollutant or area to or from the list are not matters subject to the procedural requirements of Subchapter B, Chapter 2001, Government Code.

 

The TCEQ is required to promptly publish on its Internet website any ambient air quality data collected by the commission from mobile or stationary ambient air quality monitors.

EFFECTIVE DATE

 

September 1, 2007.