82R7649 KJM-D
By: Miles H.B. No. 2667
A BILL TO BE ENTITLED
AN ACT
relating to operating permit fees for air pollutant emissions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 382.0621, Health and Safety Code, is
amended by amending Subsection (d) and adding Subsections (d-1) and
(d-2) to read as follows:
(d) Except as provided by Subsections (d-1) and (d-2) [this
section], the commission may not impose a fee for any amount of
emissions of an air contaminant regulated under the federal Clean
Air Act Amendments of 1990 (Pub.L. No. 101-549) in excess of 4,000
tons per year from any source.
(d-1) On and after September 1, 2001, for a facility that is
not subject to the requirement to obtain a permit under Section
382.0518(g) that does not have a permit application pending, the
commission shall:
(1) impose a fee under this section for all emissions,
including emissions in excess of 4,000 tons; and
(2) treble the amount of the fee imposed for emissions
in excess of 4,000 tons each fiscal year.
(d-2) The commission by order may annually adjust the limit
provided by Subsection (d) on the amount of emissions on which the
fees under this section are imposed so that the fees are sufficient
to cover the costs described by Subsection (b).
SECTION 2. (a) The Texas Commission on Environmental
Quality shall adopt rules required to implement the change in law
made by this Act not later than December 31, 2012.
(b) The change in law made by Section 382.0621, Health and
Safety Code, as amended by this Act, applies to an annual fee
imposed on or after January 1, 2012. An annual fee imposed before
January 1, 2012, is governed by the law in effect on the date the fee
was imposed, and the former law is continued in effect for that
purpose.
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, 2011.