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A BILL TO BE ENTITLED
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AN ACT
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relating to the amount of foreign emissions of air contaminants in |
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nonattainment areas and the revision of the state implementation |
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plan to account for those emissions. |
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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 382.0175 to read as follows: |
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Sec. 382.0175. AMOUNT OF FOREIGN EMISSIONS IN NONATTAINMENT |
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AREAS; REVISION OF STATE IMPLEMENTATION PLAN. (a) In this section: |
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(1) "Foreign emissions" means emissions of air |
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contaminants emanating from outside the United States. |
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(2) "Federal air quality monitor" means a monitor that |
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is used to report data to the United States Environmental |
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Protection Agency to demonstrate compliance with the national |
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ambient air quality standards. |
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(b) The commission shall estimate the contribution of |
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foreign emissions at each federal air quality monitor located in |
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each nonattainment area in this state with respect to each air |
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contaminant for which the area is designated as being in |
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nonattainment for any national ambient air quality standards for |
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ozone or particulate matter. The commission may contract with a |
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third party to conduct the estimate required by this subsection. |
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(c) Not later than September 1, 2027, the executive director |
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shall, using the estimate conducted under Subsection (b), report to |
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the commission a recommendation on whether to revise the state |
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implementation plan to account for the contribution of foreign |
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emissions in each nonattainment area in this state in any manner |
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permissible under federal law. In preparing the report to the |
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commission, the executive director shall consider any areas in this |
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state designated as nonattainment for ozone or particulate matter |
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as of September 1, 2026. |
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(d) This section expires September 1, 2029. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |