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A BILL TO BE ENTITLED
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AN ACT
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relating to the shutdown during a weather-related disaster of |
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facilities that have reported emissions events to the Texas |
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Commission on Environmental Quality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 382, Health and Safety |
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Code, is amended by adding Section 382.0261 to read as follows: |
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Sec. 382.0261. ORDERS ISSUED DURING DISASTER DECLARATION. |
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The commission shall adopt rules to implement, in the event of a |
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state or federally declared weather-related disaster, a system of |
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staggered shutdowns for regulated entities located in the area |
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covered by the disaster declaration that are required to report |
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emissions events under Section 382.0215. Rules adopted under this |
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section must: |
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(1) consider the 10-year history of reported emissions |
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events, or the entire history of reported emissions events if a |
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regulated entity has been in operation for less than 10 years, and |
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provide that the regulated entities with the highest number of |
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reported emissions events over the course of the considered history |
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be ordered to shut down before regulated entities with lower |
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numbers of reported emissions events; |
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(2) ensure that the procedures for the staggered |
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shutdown: |
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(A) minimize the cumulative air pollution |
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effects of the shutdown; and |
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(B) cause the shutdown to be completed in the |
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safest manner possible; and |
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(3) include exceptions for specific types of |
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facilities whose shutdown would increase a risk to the health or |
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safety of the population in the area covered by the disaster |
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declaration. |
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SECTION 2. This Act takes effect September 1, 2021. |