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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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"foreign emissions" means emissions of air contaminants emanating |
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from outside this state. |
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(b) Not later than October 1, 2023, the commission shall |
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request from the administrator the amount of foreign emissions that |
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are detected or estimated to be at each federal air quality |
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monitoring site located in each nonattainment area in this state |
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with respect to each air contaminant for which the area is |
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designated as being in nonattainment for any national ambient air |
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quality standards. |
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(c) If the commission does not receive the information |
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requested under Subsection (b) within 180 days of the date of the |
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commission's request, the commission shall estimate the amount of |
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foreign emissions described by Subsection (b). The commission may |
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contract with a third party to conduct the estimate required by this |
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subsection. |
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(d) The executive director shall, using the information |
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received from a request made under Subsection (b) or an estimate |
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conducted under Subsection (c), report to the commission a |
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recommendation on whether to revise the state implementation plan |
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to account for the amount of foreign emissions in each |
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nonattainment area in this state in any manner permissible under |
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federal law. |
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(e) This section expires September 1, 2027. |
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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. |