HBA-NRS S.B. 1561 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1561
By: Shapleigh
Environmental Regulation
4/12/2001
Engrossed



BACKGROUND AND PURPOSE 

Numerous air emission control programs implemented by the Texas Natural
Resource Conservation Commission (TNRCC) on behalf of the state of Texas
and the United States may benefit from the ability to encourage emissions
reductions outside the United States. Senate Bill 1561 authorizes TNRCC to
allow for the use of emissions reductions achieved outside the United
States to satisfy otherwise applicable emissions 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. 

ANALYSIS

Senate Bill 1561 amends the Health and Safety Code to authorize the Texas
Natural Resource Conservation Commission (TNRCC) to authorize the use of
emissions reductions achieved outside the United States to satisfy
otherwise applicable emissions reduction requirements if TNRCC finds that
the emissions reductions achieved outside of the United States are surplus
to requirements imposed by applicable law and are appropriately
quantifiable and enforceable.  

The bill authorizes TNRCC to allow the use of reductions in emissions of
one air contaminant to satisfy otherwise applicable requirements for
reductions in emissions of another air contaminant if TNRCC finds that the
substituted air contaminant emissions reductions are of equal or greater
significance to the overall air quality of the area affected than
reductions in emissions of the other air contaminant. The bill authorizes
TNRCC to authorize substitution of emission reductions only if reductions
in emissions of one air contaminant for which the area has been designated
as nonattainment are substituted for reductions in emissions of another air
contaminant for which the area has been designated as nonattainment and
TNRCC finds that the substitution will clearly result in greater health
benefits for the community as a whole than would reductions in emissions at
the original facility.  

The bill requires TNRCC to report to the governor and the legislature
regarding the implementation of the substitutions of reductions in
emissions of air contaminants on or before January 3, 2003. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.