By: Lopez of Cameron, et al. H.B. No. 4932
        (Senate Sponsor - Sparks)
         (In the Senate - Received from the House May 5, 2023;
  May 9, 2023, read first time and referred to Committee on Natural
  Resources & Economic Development; May 18, 2023, reported favorably
  by the following vote:  Yeas 8, Nays 0; May 18, 2023, sent to
  printer.)
Click here to see the committee vote
 
 
 
  COMMITTEE VOTE
 
 
         YeaNayAbsentPNV
         BirdwellX
         ZaffiriniX
         AlvaradoX
         BlancoX
         HancockX
         HughesX
         KolkhorstX
         MilesX
         SparksX
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the amount of foreign emissions of air contaminants in
  nonattainment areas and the revision of the state implementation
  plan to account for those emissions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 382, Health and Safety
  Code, is amended by adding Section 382.0175 to read as follows:
         Sec. 382.0175.  AMOUNT OF FOREIGN EMISSIONS IN NONATTAINMENT
  AREAS; REVISION OF STATE IMPLEMENTATION PLAN. (a) In this section:
               (1)  "Foreign emissions" means emissions of air
  contaminants emanating from outside the United States.
               (2)  "Federal air quality monitor" means a monitor that
  is used to report data to the United States Environmental
  Protection Agency to demonstrate compliance with the national
  ambient air quality standards.
         (b)  The commission shall estimate the contribution of
  foreign emissions at each federal air quality monitor located in
  each nonattainment area in this state with respect to each air
  contaminant for which the area is designated as being in
  nonattainment for any national ambient air quality standards for
  ozone or particulate matter. The commission may contract with a
  third party to conduct the estimate required by this subsection.
         (c)  Not later than September 1, 2027, the executive director
  shall, using the estimate conducted under Subsection (b), report to
  the commission a recommendation on whether to revise the state
  implementation plan to account for the contribution of foreign
  emissions in each nonattainment area in this state in any manner
  permissible under federal law. In preparing the report to the
  commission, the executive director shall consider any areas in this
  state designated as nonattainment for ozone or particulate matter
  as of September 1, 2026.
         (d)  This section expires September 1, 2029.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.
 
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