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A BILL TO BE ENTITLED
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AN ACT
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relating to the participation of this state in the Regional Air |
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Quality Compact. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 5, Health and Safety Code, is |
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amended by adding Chapter 393 to read as follows: |
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CHAPTER 393. REGIONAL AIR QUALITY COMPACT |
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Sec. 393.001. EXECUTION AND TEXT OF COMPACT. This state |
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enacts the Regional Air Quality Compact and enters into the compact |
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with all other states whose legislatures adopt the compact |
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substantially as follows: |
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REGIONAL AIR QUALITY COMPACT |
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ARTICLE 1. DEFINITIONS; PURPOSE OF COMPACT |
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Sec. 1.01. In this compact: |
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(1) "Clean Air Act" means the federal Clean Air Act (42 |
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U.S.C. Section 7401 et seq.). |
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(2) "Commission" means the Regional Air Quality |
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Commission. |
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(3) "Party state" means a state that is a party to the |
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compact under this chapter. |
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Sec. 1.02. Each party state shall work cooperatively with |
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the other party states to formulate a plan for implementing a |
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program administered by party states and local governments within |
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those states for the prevention of air pollution and the control of |
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air pollution at its source, as a replacement for the functions of |
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the United States Environmental Protection Agency relating to the |
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enforcement of laws regulating air quality. A plan adopted under |
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this compact shall include common guidance for state implementation |
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plans under the Clean Air Act. |
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ARTICLE 2. DUTIES OF COMMISSION AND GOVERNORS OF PARTY STATES |
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Sec. 2.01. The governor of each party state shall nominate |
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one commissioner to the commission within 30 days of the effective |
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date of the compact. |
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Sec. 2.02. The commission shall develop guidance for use by |
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the party states to ensure conformity with applicable state and |
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federal law. The guidance shall include the ability to issue orders |
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notifying a party state of violations of air quality regulations. |
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Sec. 2.03. The commission shall recommend such changes in |
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federal and state law as may be necessary to implement the compact, |
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including the restoration of original constitutional constraints |
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on federal power. |
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Sec. 2.04. The governor of each party state shall seek |
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enactment of legislation recommended by the commission at the |
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earliest possible date. |
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Sec. 2.05. The commission shall develop any documents |
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needed for the organization of the commission and shall recommend a |
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budget to the legislatures of the party states. |
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ARTICLE 3. IMPLEMENTATION |
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Sec. 3.01. This compact becomes effective on adoption by |
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any two states. Once the compact is effective, the provisions of |
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the compact shall become effective immediately for any state that |
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adopts the compact by enactment of legislation. |
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Sec. 3.02. On passage of a resolution by the United States |
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Congress consenting to this compact, the guidance developed by the |
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commission shall replace the review and enforcement authority of |
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the United States Environmental Protection Agency relating to its |
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powers and duties under the Clean Air Act. |
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Sec. 3.03. This compact may be amended by agreement of the |
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party states and enactment of an amendment by the legislature of |
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each party state. |
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Sec. 3.04. By consenting to this compact, the United States |
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Congress consents to any amendment adopted under this compact. |
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ARTICLE 4. WITHDRAWAL AND DISSOLUTION |
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Sec. 4.01. A party state may withdraw from this compact by |
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repealing the legislation adopting the compact. |
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Sec. 4.02. The compact shall be dissolved and the |
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provisions of the compact may not be enforced if at any point after |
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becoming effective fewer than two states remain in the compact. |
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SECTION 2. This Act take effect September 1, 2011. |