HBA-AMW C.S.H.B. 1227 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1227
By: Hamric
Environmental Regulation
4/16/2001
Committee Report (Substituted)


BACKGROUND AND PURPOSE 

In 1998, the Texas Natural Resource Conservation Commission (TNRCC)
improved its air-quality monitoring capabilities with the introduction of
the Lockheed Environmental Analysis and Display System (LEADS).  With the
use of LEADS, TNRCC is capable of providing real-time air quality data from
the Texas air monitoring networks.  Emerging air-quality monitoring
technologies that allow government agencies to collect real-time data from
remote locations may help TNRCC to assess pollution events and to identify
the causes of such events.  However, companies are currently not required
to and are not given any incentive to install such technologies.  Offering
regulated companies incentives to directly link monitoring devices to TNRCC
may lead to the identification of air pollution problems and the quick and
efficient remedying of these problems.  C.S.H.B. 1227 requires TNRCC to
establish and conduct a pilot project to determine the value and
feasibility of offering incentives to regulated entities for installing
pollution monitoring devices, including on-site technical assistance,
expedited permitting, reduced reporting and recordkeeping requirements, and
reduced inspections. 

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. 

ANALYSIS

C.S.H.B. 1227 requires the Texas Natural Resource Conservation Commission
(TNRCC) to establish and conduct a pilot project to determine the value and
feasibility of offering to entities regulated under the Texas Clean Air Act
incentives to install fence-line and smokestack air pollution monitoring
devices and link the devices with TNRCC's data system.  The bill authorizes
TNRCC to consider offering, and requires TNRCC to collect data on the value
and feasibility of offering incentives including, to the extent consistent
with federal requirements, on-site technical assistance, expedited
permitting, reduced reporting and recordkeeping requirements, and reduced
inspections.  The bill requires TNRCC to report the results of the project
to the legislature not later than December 1, 2002. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1227 modifies the original bill by requiring the Texas Natural
Resource Conservation Commission (TNRCC) to establish and conduct a pilot
project to determine the value and feasibility of offering to entities,
rather than requiring TNRCC to offer to entities, incentives to install
pollution monitoring devices and link the devices with TNRCC's data system.
The substitute differs from the original bill by authorizing TNRCC to
consider offering, and by requiring TNRCC to collect data on the value and
feasibility of offering, certain incentives, rather than authorizing
certain offered incentives.  The substitute adds the provision regarding
TNRCC's report to the legislature.