81R11381 SMH-D
By: Weber H.B. No. 4012
A BILL TO BE ENTITLED
AN ACT
relating to the procedure for acting on an application for an air
contaminant emissions permit, permit amendment, or permit renewal
review for an electric generating facility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 382, Health and Safety
Code, is amended by adding Section 382.0568 to read as follows:
Sec. 382.0568. ELECTRIC GENERATING FACILITY. (a) This
section applies only to an application for a permit or permit
amendment under Section 382.0518 or a permit renewal review under
Section 382.055 for an electric generating facility. This section
does not apply to an application for a permit for a project
described by Section 382.0565 or 382.0566.
(b) The commission by rule shall implement reasonably
streamlined processes for acting on an application.
(c) The commission shall take final action on an application
not later than 12 months after the date the executive director
declares the application to be administratively complete.
(d) The permit processes authorized by this section are not
subject to the requirements relating to a contested case hearing
under this chapter, Chapter 5, Water Code, or Subchapters C-G,
Chapter 2001, Government Code.
SECTION 2. Not later than January 1, 2010, the Texas
Commission on Environmental Quality shall adopt rules under Section
382.0568, Health and Safety Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2009.