By: Bonnen H.B. No. 2712
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the Texas Commission on Environmental
Quality to regulate emissions from residential water heaters.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Sections 382.0275(b) and (c), Health and Safety
Code, is amended to read as follows:
       (b)  The commission may not adopt or enforce a rule,
determination, or order limiting emissions from residential water
heaters to less than 40 nanograms of nitrogen oxides per joule
unless a lower limit is established by a federal statute or rule.
[The commission shall direct the executive director to perform a
study, to be completed by December 31, 2005, regarding the
technical and economic feasibility of regulating residential water
heaters. If the executive director's study shows that regulation
of residential water heaters is technically or economically
infeasible, the executive director shall recommend to the
commission that the rules concerning water heaters be repealed not
later than December 31, 2006, and shall propose emission reductions
to offset the loss of state implementation plan credits from the
rules. The commission shall provide notice of and hold a public
hearing on the study.]
       [(c)  Any emission reductions related to residential gas
water heaters that the commission does not adopt because of
Subsection (b) shall be replaced by a requirement that will obtain
emission reductions from the same category.
       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, 2007.