83R3363 JTS-F
By: Hinojosa S.B. No. 536
A BILL TO BE ENTITLED
AN ACT
relating to regulation of greenhouse gas emissions by the Texas
Commission on Environmental Quality.
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 382.069 to read as follows:
Sec. 382.069. GREENHOUSE GAS EMISSIONS PERMITTING. (a) In
this section, "greenhouse gas" means:
(1) carbon dioxide;
(2) methane;
(3) nitrous oxide; and
(4) hydrofluorocarbons, perfluorocarbons, and sulfur
hexafluoride.
(b) The commission by rule shall adopt a program to allow
the commission to assume authority for issuing permits, including
preconstruction and federal operating permits, that include the
regulation of greenhouse gas emissions in accordance with federal
law.
(c) As part of the program under Subsection (b), the
commission shall develop measures to streamline the authorization
process for permits, such as the use of general permits, standard
permits, and presumptive best available control technology, that
the commission determines are warranted for certain greenhouse gas
emissions source categories.
(d) If it is determined that greenhouse gas emissions are no
longer required to be regulated under federal law, on the effective
date of the determination:
(1) the commission shall immediately cease:
(A) issuing and requiring permits that include
regulation of greenhouse gas emissions; and
(B) enforcing permit provisions regulating
greenhouse gas emissions;
(2) a person subject to permit provisions regulating
greenhouse gas emissions is no longer required to comply with those
provisions; and
(3) rules adopted by the commission to regulate
greenhouse gas emissions are invalid.
SECTION 2. (a) The Texas Commission on Environmental
Quality shall adopt the program required by Section 382.069, Health
and Safety Code, as added by this Act, as soon as possible after the
effective date of this Act.
(b) The adoption of a program under Section 382.069, Health
and Safety Code, as added by this Act, does not affect the validity
of a permit regulating greenhouse gas emissions issued by the
United States Environmental Protection Agency:
(1) before the effective date of the program; or
(2) on or after the effective date of the program if
the application for the permit was filed with that agency before the
effective date of the program.
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, 2013.