BILL ANALYSIS

C.S.H.B. 4932

By: Lopez, Janie

Environmental Regulation

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Foreign emissions of air contaminants may have significant negative impacts on Texas. Exposure to air pollutants can cause respiratory problems, heart disease, and other health issues. Furthermore, the federal Clean Air Act allows states, as part of the state's implementation plan, to demonstrate that nonattainment areas would be in attainment if foreign sources of pollution were not contributing to pollution in the area. C.S.H.B. 4932 seeks to ensure data related to foreign emission sources is made available to state policymakers.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

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

C.S.H.B. 4932 amends the Health and Safety Code to require the Texas Commission on Environmental Quality (TCEQ), not later than October 1, 2023, to request from the Administrator of the U.S. Environmental Protection Agency (EPA) the amount of foreign emissions that are detected or estimated to be at each federal air quality monitoring site located in each nonattainment area in Texas with respect to each air contaminant for which the area is designated as being in nonattainment for any national ambient air quality standards.

C.S.H.B. 4932 requires the TCEQ to estimate the amount of foreign emissions, defined by the bill as emissions of air contaminants emanating from outside Texas, if the TCEQ does not receive the information requested from EPA within 180 days of the date of the TCEQ's request. The bill authorizes the TCEQ to contract with a third party to conduct the required foreign emissions estimate.

C.S.H.B. 4932 requires the executive director of the TCEQ, using either the information received from EPA or the TCEQ estimate, to report to the TCEQ a recommendation on whether to revise the state implementation plan to account for the amount of foreign emissions in each nonattainment area in Texas in any manner permissible under federal law. The bill's provisions expire September 1, 2027.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2023.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 4932 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

Whereas the introduced required the TCEQ to use either information from EPA or the TCEQ estimate to revise the state implementation plan to account for the amount of foreign emissions in each nonattainment area in Texas in any manner permissible under federal law, the substitute requires the executive director of the TCEQ to use such information to report to the TCEQ on whether to revise the implementation plan in such a manner.