HBA-JLV S.C.R. 35 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.C.R. 35
By: Brown, J. E. "Buster"
Environmental Regulation
4/30/2001
Engrossed



BACKGROUND AND PURPOSE 

Air pollution has a potentially serious impact on the health of all
Americans, including the nearly 21 million residents of the State of Texas,
and is a matter of concern to both federal and state governments. Emissions
may be regulated by either the state's environmental regulation agency or
the federal government, depending on their origin. Currently, the State of
Texas has nine metropolitan areas that either have been designated as
nonattainment areas by the United States Environmental Protection Agency
(EPA) or are close to exceeding the National Ambient Air Quality Standards
(NAAQS) for one or more regulated pollutants.  These nonattainment or
near-nonattainment areas have been given strict guidelines for their
emission reduction efforts based on the severity of pollution in the area.
Because of the lengthy time line for the reduction of emissions from
federally controlled sources, the federally mandated attainment date for
some NAAQS nonattainment regions in Texas, such as the
Houston-Galveston-Brazoria area, will arrive long before the effects of
federal air quality improvements efforts can be realized.  Texas is forced
to require state-controlled emission sources to make significant reductions
in pollution in a relatively short period of time while federally
controlled sources continue to contaminate the state's environment.  This
incongruence in the federal and state time lines for emissions reduction
place an undue burden on the state to lower air pollution significantly
enough to be in attainment with the NAAQS without a corresponding decrease
in emissions from any of the federally controlled emission sources.  Senate
Concurrent Resolution 35 provides that the Legislature of the State of
Texas urges the Congress of the United States to require federally
controlled emission sources to reduce their emissions by the same
percentages and on the same schedule as state-controlled sources. 

RULEMAKING AUTHORITY

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

ANALYSIS

Senate Concurrent Resolution 35 provides that the Legislature of the State
of Texas urges the Congress of the United States to require federally
controlled emission sources to reduce their emissions by the same
percentages and on the same schedule as state-controlled sources.