BILL ANALYSIS

H.B. 2545

By: Hancock

State Sovereignty, Select

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties contend that recent activity of the United States Environmental Protection Agency (EPA) has exceeded its boundaries and represents an increased federal effort to micromanage state government and private business. The parties assert that one promising option to restore limited government and local control would be the adoption of an interstate compact, and they observe that an interstate compact is a contractual agreement between states that, if consent is granted by the United States Congress, has the potential to act as federal law.  The parties note that it is one of the only ways for states to initiate changes in federal law. 

H.B. 2545 seeks to enact the Regional Air Quality Compact in an effort to take over certain review and approval functions of the EPA under the federal Clean Air Act. 

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

H.B. 2545 amends the Health and Safety Code to enact the Regional Air Quality Compact and specify that the state enters into the compact with all other eligible states whose legislatures adopt the compact in substantially the same form as set out by the bill.

H.B. 2545 requires each party state to work cooperatively with the other party states to formulate a plan for implementing a program administered by party states and local governments within those states for the prevention of air pollution and the control of air pollution at its source, as a replacement for the functions of the United States Environmental Protection Agency relating to the enforcement of laws regulating air quality. The bill requires a plan adopted under the compact to include common guidance for state implementation plans under the Clean Air Act.

H.B. 2545 requires the governor of each party state to nominate one commissioner to the Regional Air Quality Commission within 30 days of the effective date of the compact. The bill requires the commission to develop guidance for use by the party states to ensure conformity with applicable state and federal law. The bill requires the guidance to include the ability to issue orders notifying a party state of violations of air quality regulations. The bill requires the commission to recommend such changes in federal and state law as may be necessary to implement the compact, including the restoration of original constitutional constraints on federal power. The bill requires the governor of each party state to seek enactment of legislation recommended by the commission at the earliest possible date. The bill requires the commission to develop any documents needed for the organization of the commission and to recommend a budget to the legislatures of the party states.

H.B. 2545 makes the compact effective on adoption by any two states. The bill requires the provisions of the compact, once the compact is effective, to become effective immediately for any state that adopts the compact by enactment of legislation. The bill requires the guidance developed by the commission to replace the review and enforcement authority of the United States Environmental Protection Agency relating to its powers and duties under the Clean Air Act on passage of a resolution by the United States Congress consenting to the compact. The bill authorizes the compact to be amended by agreement of the party states and enactment of an amendment by the legislature of each party state. The bill establishes that by consenting to the compact, the United States Congress consents to any amendment adopted under the compact.

H.B. 2545 authorizes a party state to withdraw from this compact by repealing the legislation adopting the compact. The bill requires the compact to be dissolved and prohibits the provisions of the compact from being enforced if at any point after becoming effective fewer than two states remain in the compact.

H.B. 2545 provides for the meaning of "Clean Air Act" by reference to the federal Clean Air Act for purposes of the compact and defines "commission" and "party state" for purposes of the compact.

EFFECTIVE DATE

September 1, 2011.