HBA-KMH H.B. 2087 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2087
By: Goodman
Environmental Regulation
4/5/1999
Introduced



BACKGROUND AND PURPOSE 

In April 1997, the Federal Aviation Administration (FAA) adopted the
general conformity requirements for all projects that it is statutorily
required to approve under the National Environmental Policy Act.  The
general conformity requirements prohibit FAA from authorizing, approving,
or supporting a development or construction project on an airport until the
sponsor airport can prove that it is in conformity with its air quality
State Implementation Plan.  Without such approval, major development
projects identified in the airport's 1997 Airport Development Plan can not
be built. 

H.B. 2087 requires the Texas Natural Resource Conservation Commission
(TNRCC) to coordinate with joint boards for development and implementation
of transportation programs.  This bill further requires TNRCC to ensure
that compliance with conformity requirements are feasible without certain
offsets of emissions while not limiting TNRCC's authority to enforce state
and federal permitting requirements. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 382.039(a), Health and Safety Code, to require
the Texas Natural Resource Conservation Commission (TNRCC) to coordinate
with joint boards as defined by Section 382.0391, as well as federal,
state, and local transportation planning agencies, for purposes of
development and implementation of transportation and other programs under
this section. 

SECTION 2.  Amends Subchapter B, Chapter 382, Health and Safety Code, by
adding Section 382.0391, as follows: 

Sec.  382.0391.  ATTAINMENT PROGRAMS FOR CERTAIN AIRPORTS.  (a) Defines
"joint board" and "populous home-rule municipality" for purposes of this
section.  Applies this section only to an airport operated by a joint
board.  Requires TNRCC to ensure that compliance with conformity
requirements established by TNRCC rules may be achieved without an offset
for emissions from a source that is not owned or directly controlled by the
joint board, including a source operated by a person under a contract with
the joint board. Provides that this section does not limit TNRCC's
authority to enforce state or federal new source review permitting
requirements for a nonattainment area or accept an emission offset
voluntarily offered by a joint board to assist in the demonstration of
conformity under a TNRCC rule. 

SECTION 3.  Effective date: September 1, 1999.
            Makes application of this Act prospective.

SECTION 4.  Emergency clause.