81R11329 JJT-D
By: Anderson H.B. No. 2770
A BILL TO BE ENTITLED
AN ACT
relating to the consideration of the cumulative effects of certain
air contaminant emissions in the emissions permitting process for
electric generating facilities.
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 the case of an electric generating facility, in
making its findings under Subsection (b)(2) as to whether emissions
from the facility will contravene the intent of this chapter, the
commission shall consider the cumulative effects on the public's
health and physical property of expected emissions of mercury,
sulphur dioxide, nitrogen oxides, and particulate matter from the
facility or proposed facility and from other electric generating
facilities or proposed electric generating facilities located less
than 100 miles from the facility or proposed facility.
SECTION 2. Section 382.055(d), Health and Safety Code, is
amended to read as follows:
(d) In determining whether and under which conditions a
preconstruction permit should be renewed, the commission shall
consider, at a minimum:
(1) the performance of the owner or operator of the
facility according to the method developed by the commission under
Section 5.754, Water Code; [and]
(2) the condition and effectiveness of existing
emission control equipment and practices; and
(3) in the case of an electric generating facility,
the cumulative effects on the public's health and physical property
of expected emissions of mercury, sulphur dioxide, nitrogen oxides,
and particulate matter from the facility and from other electric
generating facilities located less than 100 miles from the
facility.
SECTION 3. The changes in law made by this Act apply only to
the issuance or renewal of a permit the application for which is
filed with the Texas Commission on Environmental Quality on or
after the effective date of this Act. The issuance or renewal of a
permit the application for which is filed with the Texas Commission
on Environmental Quality before the effective date of this Act is
governed by the law in effect when the application is filed, and the
former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2009.