By: Dunnam H.B. No. 2495
A BILL TO BE ENTITLED
AN ACT
relating to the consideration of the cumulative effects of
emissions from proposed facilities in actions by the Texas
Commission on Environmental Quality on applications for certain air
contaminant emissions permits or permit amendments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 382.0518, Health and Safety Code, is
amended by adding Subsection (b-1) to read as follows:
(b-1) In making its finding under Subsection (b)(2) as to
whether emissions from a proposed facility will contravene the
intent of this chapter, the commission shall consider the
cumulative effects on the public's health and physical property of
the expected emissions from the proposed facility together with the
expected emissions from any other proposed facilities for which an
application for a permit or permit amendment under this section is
pending with the commission.
SECTION 2. The change in law made by this Act applies to an
application for a permit or permit amendment under Section
382.0518, Health and Safety Code, that is pending with the Texas
Commission on Environmental Quality on the effective date of this
Act or is filed with the commission on or after the effective date
of this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.