Bill Text: TX HB2545 | 2011-2012 | 82nd Legislature | Introduced

Texas House Bill 2545 (Prior Session Legislation)

Introduced

Bill Title: Relating to the participation of this state in the Regional Air Quality Compact.

Sponsorship: Partisan Bill (Republican 2)

Status: (Introduced - Dead) 2011-04-19 - Committee report sent to Calendars [HB2545 Detail]

Download: Texas-2011-HB2545-Introduced.html

	82R9819 SLB-F

	By: Hancock	H.B. No. 2545



	A BILL TO BE ENTITLED
	AN ACT
	relating to the participation of this state in the Regional Air
	Quality Compact.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subtitle C, Title 5, Health and Safety Code, is
	amended by adding Chapter 393 to read as follows:
	CHAPTER 393. REGIONAL AIR QUALITY COMPACT
	Sec. 393.001. EXECUTION AND TEXT OF COMPACT. This state
	enacts the Regional Air Quality Compact and enters into the compact
	with all other states whose legislatures adopt the compact
	substantially as follows:
	REGIONAL AIR QUALITY COMPACT
	ARTICLE 1. DEFINITIONS; PURPOSE OF COMPACT
	Sec. 1.01. In this compact:
	(1) "Clean Air Act" means the federal Clean Air Act (42
	U.S.C. Section 7401 et seq.).
	(2) "Commission" means the Regional Air Quality
	Commission.
	(3) "Party state" means a state that is a party to the
	compact under this chapter.
	Sec. 1.02. Each party state shall work cooperatively with
	the other party states to formulate a plan for implementing a
	program administered by party states and local governments within
	those states for the prevention of air pollution and the control of
	air pollution at its source, as a replacement for the functions of
	the United States Environmental Protection Agency relating to the
	enforcement of laws regulating air quality. A plan adopted under
	this compact shall include common guidance for state implementation
	plans under the Clean Air Act.
	ARTICLE 2. DUTIES OF COMMISSION AND GOVERNORS OF PARTY STATES
	Sec. 2.01. The governor of each party state shall nominate
	one commissioner to the commission within 30 days of the effective
	date of the compact.
	Sec. 2.02. The commission shall develop guidance for use by
	the party states to ensure conformity with applicable state and
	federal law. The guidance shall include the ability to issue orders
	notifying a party state of violations of air quality regulations.
	Sec. 2.03. The commission shall recommend such changes in
	federal and state law as may be necessary to implement the compact,
	including the restoration of original constitutional constraints
	on federal power.
	Sec. 2.04. The governor of each party state shall seek
	enactment of legislation recommended by the commission at the
	earliest possible date.
	Sec. 2.05. The commission shall develop any documents
	needed for the organization of the commission and shall recommend a
	budget to the legislatures of the party states.
	ARTICLE 3. IMPLEMENTATION
	Sec. 3.01. This compact becomes effective on adoption by
	any two states. Once the compact is effective, the provisions of
	the compact shall become effective immediately for any state that
	adopts the compact by enactment of legislation.
	Sec. 3.02. On passage of a resolution by the United States
	Congress consenting to this compact, the guidance developed by the
	commission shall replace the review and enforcement authority of
	the United States Environmental Protection Agency relating to its
	powers and duties under the Clean Air Act.
	Sec. 3.03. This compact may be amended by agreement of the
	party states and enactment of an amendment by the legislature of
	each party state.
	Sec. 3.04. By consenting to this compact, the United States
	Congress consents to any amendment adopted under this compact.
	ARTICLE 4. WITHDRAWAL AND DISSOLUTION
	Sec. 4.01. A party state may withdraw from this compact by
	repealing the legislation adopting the compact.
	Sec. 4.02. The compact shall be dissolved and the
	provisions of the compact may not be enforced if at any point after
	becoming effective fewer than two states remain in the compact.
	SECTION 2. This Act take effect September 1, 2011.