HBA-LJP C.S.H.B. 2649 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2649
By: Capelo
Environmental Regulation
4/20/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, the Texas Natural Resource Conservation Commission
(TNRCC) is prohibited from establishing vehicle fuel content standards
(standards) that are different from the standards of the United States
Environmental Protection Agency (EPA).  However, TNRCC is authorized to
implement different standards if the legislature authorizes the standards,
the standards are necessary for the attainment of federal ozone ambient air
quality standards, or following appropriate health studies and
consultations with the Texas Department of Health, the standards are
determined to be necessary for the protection of public health. If TNRCC
implements standards different from the EPA and does not apply the
standards statewide, gaps in these standards may make it difficult for
fuel-related businesses in Texas to serve different areas. C.S.H.B. 2649
provides that TNRCC is prohibited from establishing more stringent or
restrictive standards than EPA standards for an area of the state before
January 1, 2004. 

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. 2649 amends the Health and Safety Code to provide that the
prohibition on the Texas Natural Resource Conservation Commission (TNRCC)
from establishing vehicle fuel content standards (standards) for clean
motor vehicle fuels that are more stringent or restrictive than the
standards established by the United States Environmental Protection Agency
(EPA) only applies before January 1, 2004. 

The bill deletes the authorization of TNRCC to set standards other than the
standards of the EPA if the standards of TNRCC are needed to comply with
the attainment of federal ozone ambient air quality standards or following
appropriate health studies and consultations with the Texas Department of
Health, it is determined that TNRCC standards are necessary for the
protection of public health. 

The bill prohibits TNRCC from requiring the distribution of certain Texas
low-emission diesel for the control of ozone air pollution prior to
February 1, 2005.  The substitute authorizes TNRCC to consider fuels to
achieve equivalent emissions reductions as an alternative method of
compliance with the above prohibition. 

The bill provides that the changes in law made by this Act do not apply to
fuel standards adopted by TNRCC before September 1, 2000. 

EFFECTIVE DATE

September 1, 2001.



 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2649 modifies the original to prohibit the Texas Natural Resource
Conservation Commission (TNRCC) from requiring the distribution of Texas
low-emission diesel for the control of ozone air pollution prior to
February 1, 2005.  The substitute authorizes TNRCC to consider fuels to
achieve equivalent emissions reductions as an alternative method of
complying with the above prohibition. 

The substitute also provides that the prohibition on the TNRCC from
establishing vehicle fuel content standards other than those promulgated by
the Environmental Protection Agency only applies before January 1, 2004.