88R11528 JRR-D
 
  By: Sparks S.B. No. 2152
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the amount of foreign emissions of air contaminants in
  nonattainment areas and the required 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; REQUIRED REVISION OF STATE IMPLEMENTATION PLAN. (a) In this
  section, "foreign emissions" means emissions of air contaminants
  emanating from outside this state.
         (b)  Not later than October 1, 2023, the commission shall
  request from the administrator 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 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.
         (c)  If the commission does not receive the information
  requested under Subsection (b) within 180 days of the date of the
  commission's request, the commission shall estimate the amount of
  foreign emissions described by Subsection (b). The commission may
  contract with a third party to conduct the estimate required by this
  subsection.
         (d)  The commission shall, using the information received
  from a request made under Subsection (b) or an estimate conducted
  under Subsection (c), revise the state implementation plan to
  account for the amount of foreign emissions in each nonattainment
  area in this state in any manner permissible under federal law.
         (e)  This section expires September 1, 2027.
         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.