Texas 2015 - 84th Regular

Texas House Bill HB1865 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R18732 SLB-F
2	2	By: Morrison, Deshotel, Smith, Harless, H.B. No. 1865
3	3	Bonnen of Brazoria, et al.
4	4	Substitute the following for H.B. No. 1865:
5	5	By: Morrison C.S.H.B. No. 1865
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to procedures for certain environmental permit
11	11	applications.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 2003.047, Government Code, is amended by
14	14	adding Subsections (e-1), (e-2), (i-1), (i-2), and (i-3) to read as
15	15	follows:
16	16	(e-1) This subsection applies only to a matter referred
17	17	under Section 5.556, Water Code. Each issue referred by the
18	18	commission must have been raised by an affected person in a comment
19	19	submitted by that affected person in response to a permit
20	20	application in a timely manner. The list of issues submitted under
21	21	Subsection (e) must:
22	22	(1) be detailed and complete; and
23	23	(2) contain either:
24	24	(A) only factual questions; or
25	25	(B) mixed questions of fact and law.
26	26	(e-2) For a matter referred under Section 5.556 or 5.557,
27	27	Water Code, the administrative law judge must complete the
28	28	proceeding and provide a proposal for decision to the commission
29	29	not later than the earlier of:
30	30	(1) the 180th day after the date of the preliminary
31	31	hearing; or
32	32	(2) the date specified by the commission or the
33	33	administrative law judge, if applicable, under Subsection (e).
34	34	(i-1) In a contested case regarding a permit application
35	35	referred under Section 5.556 or 5.557, Water Code, the filing with
36	36	the office of the application, the draft permit prepared by the
37	37	executive director of the commission, the preliminary decision
38	38	issued by the executive director, and other sufficient supporting
39	39	documentation in the administrative record of the permit
40	40	application establishes a prima facie demonstration that:
41	41	(1) the draft permit meets all state and federal legal
42	42	and technical requirements; and
43	43	(2) a permit, if issued consistent with the draft
44	44	permit, would protect human health and safety, the environment, and
45	45	physical property.
46	46	(i-2) A party may rebut a demonstration under Subsection
47	47	(i-1) by presenting evidence that:
48	48	(1) relates to a matter referred under Section 5.557,
49	49	Water Code, or an issue included in a list submitted under
50	50	Subsection (e) in connection with a matter referred under Section
51	51	5.556, Water Code; and
52	52	(2) demonstrates that:
53	53	(A) the draft permit violates a specific state or
54	54	federal legal or technical requirement; or
55	55	(B) the draft permit, if issued, would not
56	56	protect human health and safety, the environment, or physical
57	57	property.
58	58	(i-3) If in accordance with Subsection (i-2) a party rebuts
59	59	a presumption established under Subsection (i-1), the applicant and
60	60	the executive director may present additional evidence to support
61	61	the draft permit.
62	62	SECTION 2. Section 5.115, Water Code, is amended by
63	63	amending Subsection (a) and adding Subsection (a-1) to read as
64	64	follows:
65	65	(a) For the purpose of an administrative hearing held by or
66	66	for the commission involving a contested case, "affected person,"
67	67	or "person affected," or "person who may be affected" means a person
68	68	who has a personal justiciable interest related to a legal right,
69	69	duty, privilege, power, or economic interest affected by the
70	70	administrative hearing. An interest common to members of the
71	71	general public does not qualify as a personal justiciable interest.
72	72	(a-1) The commission shall adopt rules specifying factors
73	73	which must be considered in determining whether a person is an
74	74	affected person in any contested case arising under the air, waste,
75	75	or water programs within the commission's jurisdiction and whether
76	76	an affected association is entitled to standing in contested case
77	77	hearings. For a matter referred under Section 5.556, the
78	78	commission:
79	79	(1) may consider:
80	80	(A) the merits of the underlying application,
81	81	including whether the application meets the requirements for permit
82	82	issuance;
83	83	(B) the likely impact of regulated activity on
84	84	the health, safety, and use of the property of the hearing
85	85	requestor;
86	86	(C) the administrative record, including the
87	87	permit application and any supporting documentation;
88	88	(D) the analysis and opinions of the executive
89	89	director; and
90	90	(E) any other expert reports, affidavits,
91	91	opinions, or data submitted on or before any applicable deadline to
92	92	the commission by the executive director, the applicant, or a
93	93	hearing requestor; and
94	94	(2) may not find that:
95	95	(A) a group or association is an affected person
96	96	unless the group or association identifies, by name and physical
97	97	address in a timely request for a contested case hearing, a member
98	98	of the group or association who would be an affected person in the
99	99	person's own right; or
100	100	(B) a hearing requestor is an affected person
101	101	unless the hearing requestor timely submitted comments on the
102	102	permit application.
103	103	SECTION 3. Section 5.228(c), Water Code, is amended to read
104	104	as follows:
105	105	(c) The executive director shall participate as a party in
106	106	contested case permit hearings before the commission or the State
107	107	Office of Administrative Hearings to:
108	108	(1) provide information to complete the
109	109	administrative record; [and]
110	110	(2) support the executive director's position
111	111	developed in the underlying proceeding; and
112	112	(3) present evidence supporting a draft permit under
113	113	Section 2003.047(i-3), Government Code.
114	114	SECTION 4. (a) The changes in law made by this Act apply
115	115	only to a permit application that is filed with the Texas Commission
116	116	on Environmental Quality on or after the effective date of this Act.
117	117	A permit application filed before the effective date of this Act is
118	118	governed by the law in effect when the permit application was filed,
119	119	and the former law is continued in effect for that purpose.
120	120	(b) Not later than January 1, 2016, the Texas Commission on
121	121	Environmental Quality shall adopt rules to implement the changes in
122	122	law made by this Act. For an application filed after the effective
123	123	date of this Act but before the adoption of rules to implement the
124	124	changes in law made by this Act, the commission shall provide
125	125	sufficient notice to the applicant and other participants in the
126	126	permit proceeding that the changes in law made by this Act apply to
127	127	the proceeding.
128	128	SECTION 5. This Act takes effect September 1, 2015.