Bill Text: TX HB1981 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to measuring, monitoring, and reporting emissions.
Sponsorship: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB1981 Detail]
Download: Texas-2011-HB1981-Enrolled.html
| H.B. No. 1981 | ||
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| relating to measuring, monitoring, and reporting 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 382.0161 to read as follows: | ||
| Sec. 382.0161. AIR POLLUTANT WATCH LIST. (a) The | ||
| commission shall establish and maintain an air pollutant watch | ||
| list. The air pollutant watch list must identify: | ||
| (1) each air contaminant that the commission | ||
| determines, on the basis of federal or state ambient air quality | ||
| standards for the contaminant, should be included on the air | ||
| pollutant watch list; and | ||
| (2) each geographic area of the state for which | ||
| ambient air quality monitoring data indicates that the individual | ||
| or cumulative emissions of one or more air contaminants identified | ||
| by the commission under Subdivision (1) may cause short-term or | ||
| long-term adverse human health effects or odors in that area. | ||
| (b) The commission shall publish notice of and allow public | ||
| comment on: | ||
| (1) an addition of an air contaminant to or removal of | ||
| an air contaminant from the air pollutant watch list; or | ||
| (2) an addition of an area to or removal of an area | ||
| from the air pollutant watch list. | ||
| (c) When considering the addition or removal of an area to | ||
| or from the air pollutant watch list, the commission shall provide | ||
| the monitoring data related to the area to the state senator and | ||
| representative who represent the area. | ||
| (d) The commission may hold a public meeting in an area | ||
| listed on the air pollutant watch list to provide residents of the | ||
| area with information regarding: | ||
| (1) the reasons for the area's inclusion on the air | ||
| pollutant watch list; and | ||
| (2) commission actions to reduce the emissions of air | ||
| contaminants contributing to the area's inclusion on the air | ||
| pollutant watch list. | ||
| (e) The air pollutant watch list and the addition or removal | ||
| of a pollutant or area to or from the list are not matters subject to | ||
| the requirements of Subchapter B, Chapter 2001, Government Code. | ||
| SECTION 2. Sections 382.0215(e) and (g), Health and Safety | ||
| Code, are amended to read as follows: | ||
| (e) The commission shall develop the capacity for | ||
| electronic reporting and shall incorporate reported emissions | ||
| events into a permanent online centralized database for emissions | ||
| events. The commission shall develop a mechanism whereby the | ||
| reporting entity shall be allowed to review the information | ||
| relative to its reported emissions events prior to such information | ||
| being included in the database. The database shall be easily | ||
| searchable and accessible to the public. The commission shall | ||
| evaluate information in the database to identify persons who | ||
| repeatedly fail to report reportable emissions events. The | ||
| commission shall enforce against such persons pursuant to Section | ||
| 382.0216(i). The commission shall describe such enforcement | ||
| actions in the report required in Subsection (g). | ||
| (g) The commission annually, or at the request of a member | ||
| of the legislature, shall assess the information received under | ||
| this section, including actions taken by the commission in response | ||
| to the emissions events, and shall include the assessment in the | ||
| report required by Section 5.126, Water Code. | ||
| SECTION 3. Chapter 505, Health and Safety Code, is amended | ||
| by adding Section 505.017 to read as follows: | ||
| Sec. 505.017. NOTICE ISSUED UNDER EMERGENCIES. (a) When | ||
| immediate notification of a release by a facility to the state | ||
| emergency response commission is required in accordance with EPCRA, | ||
| the state agency responsible for the information submitted to the | ||
| state emergency response commission, on receipt of the required | ||
| notification, shall make a determination as to whether the release | ||
| reported will substantially endanger human health or the | ||
| environment. | ||
| (b) If the responsible state agency determines that a | ||
| release will substantially endanger human health or the | ||
| environment, the agency shall, on request, notify the state senator | ||
| or representative who represents the area in which the facility is | ||
| located of the release within four hours of receipt of the original | ||
| notification. | ||
| SECTION 4. This Act takes effect September 1, 2011. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 1981 was passed by the House on April | ||
| 7, 2011, by the following vote: Yeas 144, Nays 0, 1 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 1981 on May 25, 2011, by the following vote: Yeas 145, Nays 0, | ||
| 2 present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 1981 was passed by the Senate, with | ||
| amendments, on May 24, 2011, by the following vote: Yeas 31, Nays | ||
| 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
