| 1 | 1 | | 81R10891 SMH-D |
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| 2 | 2 | | By: Flynn H.B. No. 2721 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the procedure used by the Texas Commission on |
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| 8 | 8 | | Environmental Quality in acting on certain applications for a |
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| 9 | 9 | | permit, permit amendment, or permit renewal for a nuclear electric |
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| 10 | 10 | | generation facility. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter M, Chapter 5, Water Code, is amended |
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| 13 | 13 | | by adding Section 5.559 to read as follows: |
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| 14 | 14 | | Sec. 5.559. NUCLEAR ELECTRIC GENERATION FACILITY |
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| 15 | 15 | | PERMITTING. (a) The commission by rule shall implement reasonably |
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| 16 | 16 | | streamlined processes for acting on an application for a permit, |
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| 17 | 17 | | permit amendment, or permit renewal under Chapter 26 for a nuclear |
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| 18 | 18 | | electric generation facility. |
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| 19 | 19 | | (b) Notwithstanding Section 26.021 or any other law, the |
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| 20 | 20 | | commission may not refer any matter before the commission relating |
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| 21 | 21 | | to an application for a permit, permit amendment, or permit renewal |
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| 22 | 22 | | described by Subsection (a) to the State Office of Administrative |
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| 23 | 23 | | Hearings. |
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| 24 | 24 | | (c) The permit processes authorized by this section must |
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| 25 | 25 | | provide for acting on an application for a permit, permit |
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| 26 | 26 | | amendment, or permit renewal not later than the first anniversary |
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| 27 | 27 | | of the date the executive director determines the application to be |
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| 28 | 28 | | administratively complete. |
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| 29 | 29 | | SECTION 2. Subchapter D, Chapter 11, Water Code, is amended |
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| 30 | 30 | | by adding Section 11.156 to read as follows: |
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| 31 | 31 | | Sec. 11.156. NUCLEAR ELECTRIC GENERATION FACILITY |
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| 32 | 32 | | PERMITTING. Section 5.559 applies to an application for a permit, |
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| 33 | 33 | | permit amendment, or permit renewal under this chapter for a |
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| 34 | 34 | | nuclear electric generation facility in the same manner as that |
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| 35 | 35 | | section applies to an application for a permit, permit amendment, |
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| 36 | 36 | | or permit renewal under Chapter 26 for such a facility. |
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| 37 | 37 | | SECTION 3. Not later than January 1, 2010, the Texas |
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| 38 | 38 | | Commission on Environmental Quality shall adopt rules under |
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| 39 | 39 | | Sections 5.559 and 11.156, Water Code, as added by this Act. |
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| 40 | 40 | | SECTION 4. This Act takes effect immediately if it receives |
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| 41 | 41 | | a vote of two-thirds of all the members elected to each house, as |
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| 42 | 42 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 43 | 43 | | Act does not receive the vote necessary for immediate effect, this |
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| 44 | 44 | | Act takes effect September 1, 2009. |
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