local air programs get told about emissions events

The text as introduced · 430 words

89R9760 JRR-F

By: Alvarado
S.B. No. 1264

A BILL TO BE ENTITLED

AN ACT

relating to corrective action plans for certain emissions events.

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 382.02165 to read as follows:

Sec. 382.02165. LOCAL AIR POLLUTION CONTROL PROGRAM NOTICE

AND INPUT ON CORRECTIVE ACTION PLAN FOR EMISSIONS EVENT. (a) In

this section, "emissions event" has the meaning assigned by Section

382.0215.

(b) This section applies only to an excessive emissions

event:

(1) for which the commission requires a facility to

take action under Section 382.0216(c) to reduce emissions from the

excessive emissions event; and

(2) that occurs in the jurisdiction of a local

government that operates an air pollution control program.

(c) The commission shall notify each applicable local air

pollution control program of an excessive emissions event occurring

in the jurisdiction of the local government that operates the

program. The commission shall provide the notice required by this

subsection at the time the commission notifies the facility of the

excessive emissions event.

(d) On receipt of a corrective action plan filed under

Section 382.0216(c), the commission shall provide each local air

pollution control program described by Subsection (c) of this

section with not less than 30 days to provide comments on the

corrective action plan.

(e) The commission may disapprove a corrective action plan

before the expiration of the period described by Subsection (d) but

may not approve the plan before the expiration of that period.

(f) If the commission approves the corrective action plan,

the commission shall provide the approved plan to each local air

pollution control program described by Subsection (c).

(g) Comments provided by a local air pollution control

program under Subsection (d) are not subject to public disclosure

under Chapter 552, Government Code.

SECTION 2. Section 382.02165, Health and Safety Code, as

added by this Act, applies only to an excessive emissions event that

occurs on or after the effective date of this Act. An excessive

emissions event that occurs before the effective date of this Act is

governed by the law in effect on the date the emissions event

occurred, and the former law is continued in effect for that

purpose.

SECTION 3. 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, 2025.