80th Legislature: HB 440

State Rep. Ana Hernandez (D-Magnolia) has filed legislation  (HB 440) which would establish more enforcable standards under the Texas Clean Air Act.
The bill specifically addresses controlling emissions of air contaminants. It is legislation that would actually, at long last,  give the Texas Commission on Environmental Quality the authority to establish and enforce what Hernandez office called in a press release “meaningful air quality standards.”
The bill would change the current Effects Screening Levels from guidelines to enforceable standards.

“Effects Screening Levels” is TCEQ-speak for a lengthy list of air contaminants, and they are “used to evaluate the potential for effects to occur as a result of exposure to concentrations of constituents in the air.”

Note the word “evaluate,” as opposed to “regulate.” [Here are the guidelines for thow the ELSs are set]. Right now, the ELS’s set maximum levels of allowable exposure to air contaminants, which are simply guidelines. Hernandez’s bill would make those guidelines enforceable standards.
Here is some of what Rep. Hernandez has to say about her bill:

“The recent UT School of Public Health report clearly shows that even if we cannot prove a direct link between toxins released by plants along the Ship Channel and an individual case of leukemia, there is no doubt that the children in my district have a much greater risk of acquiring cancer than those living in other areas of Houston.  Harris County and the state of Texas need air quality standards set at levels low enough to protect public health,” said Rep. Hernandez.

“There is no reason why parents in my district should have to worry about letting their children go outside to play just because we don’t have laws to protect them.”

The bill would also require TCEQ to assemble a panel of experts in toxicology and epidemiology to recommend new standards for TCEQ to adopt.
In addition, the bill defines air pollution as any toxic substance that increases the cancer rate by greater than one chance in one million. It would also require public reporting of all violations by TCEQ.

Hernandez is helping carry on the work of her mentor, the late Joe E. Moreno, whom she succeded. He had worked on clean air legislation as well:

“Representative Moreno worked hard during the 79th Regular Session to improve air quality standards,” Rep. Hernandez said.  “HB 440 contains portions of legislation and amendments that he and other legislators worked hard to pass last session.  It is an honor for me to follow in his footsteps in doing what is right to protect the people of District 143.”

Hernandez filed this bill back during last year’s special session as well (it was HB 170). However, Governor Perry refused to add the issue of clean air to the call for the special, meaning it could not be considered.

Bookmark It