81R10891 SMH-D
By: Flynn H.B. No. 2721
A BILL TO BE ENTITLED
AN ACT
relating to the procedure used by the Texas Commission on
Environmental Quality in acting on certain applications for a
permit, permit amendment, or permit renewal for a nuclear electric
generation facility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter M, Chapter 5, Water Code, is amended
by adding Section 5.559 to read as follows:
Sec. 5.559. NUCLEAR ELECTRIC GENERATION FACILITY
PERMITTING. (a) The commission by rule shall implement reasonably
streamlined processes for acting on an application for a permit,
permit amendment, or permit renewal under Chapter 26 for a nuclear
electric generation facility.
(b) Notwithstanding Section 26.021 or any other law, the
commission may not refer any matter before the commission relating
to an application for a permit, permit amendment, or permit renewal
described by Subsection (a) to the State Office of Administrative
Hearings.
(c) The permit processes authorized by this section must
provide for acting on an application for a permit, permit
amendment, or permit renewal not later than the first anniversary
of the date the executive director determines the application to be
administratively complete.
SECTION 2. Subchapter D, Chapter 11, Water Code, is amended
by adding Section 11.156 to read as follows:
Sec. 11.156. NUCLEAR ELECTRIC GENERATION FACILITY
PERMITTING. Section 5.559 applies to an application for a permit,
permit amendment, or permit renewal under this chapter for a
nuclear electric generation facility in the same manner as that
section applies to an application for a permit, permit amendment,
or permit renewal under Chapter 26 for such a facility.
SECTION 3. Not later than January 1, 2010, the Texas
Commission on Environmental Quality shall adopt rules under
Sections 5.559 and 11.156, Water Code, as added by this Act.
SECTION 4. 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.