By: Smith, Reynolds (Senate Sponsor - Hinojosa) H.B. No. 788
(In the Senate - Received from the House April 22, 2013;
April 22, 2013, read first time and referred to Committee on
Natural Resources; May 9, 2013, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 10, Nays 0;
May 9, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 788 By: Hegar
A BILL TO BE ENTITLED
AN ACT
relating to permitting of greenhouse gas emissions by the Texas
Commission on Environmental Quality; limiting the amount of a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The legislature finds that in the interest of the
continued vitality and economic prosperity of this state, the Texas
Commission on Environmental Quality, because of its technical
expertise and experience in processing air quality permit
applications, is the preferred permitting authority for emissions
of greenhouse gases.
SECTION 2. Subchapter C, Chapter 382, Health and Safety
Code, is amended by adding Section 382.05102 to read as follows:
Sec. 382.05102. PERMITTING AUTHORITY OF COMMISSION;
GREENHOUSE GAS EMISSIONS. (a) In this section, "greenhouse gas
emissions" means emissions of:
(1) carbon dioxide;
(2) methane;
(3) nitrous oxide;
(4) hydrofluorocarbons;
(5) perfluorocarbons; and
(6) sulfur hexafluoride.
(b) To the extent that greenhouse gas emissions require
authorization under federal law, the commission may authorize
greenhouse gas emissions in a manner consistent with Section
382.051.
(c) The commission shall:
(1) adopt rules to implement this section, including
rules specifying the procedures to transition to review by the
commission any applications pending with the United States
Environmental Protection Agency for approval under 40 C.F.R.
Section 52.2305; and
(2) prepare and submit appropriate federal program
revisions to the United States Environmental Protection Agency for
approval.
(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.
(e) If authorization to emit greenhouse gas emissions is no
longer required under federal law, the commission shall:
(1) repeal the rules adopted under Subsection (c); and
(2) prepare and submit appropriate federal program
revisions to the United States Environmental Protection Agency for
approval.
SECTION 3. Section 382.0621, Health and Safety Code, is
amended by adding Subsection (f) to read as follows:
(f) The commission may impose fees for emissions of
greenhouse gas only to the extent the fees are necessary to cover
the commission's additional reasonably necessary direct costs of
implementing Section 382.05102.
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, 2013.
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