| 1 | 1 | | By: Estes S.B. No. 1268 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | A BILL TO BE ENTITLED |
|---|
| 5 | 5 | | AN ACT |
|---|
| 6 | 6 | | relating to the commencement of construction of a project following |
|---|
| 7 | 7 | | the filing of a final decision to issue an air quality permit or |
|---|
| 8 | 8 | | permit amendment for the project. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 382.004, Health and Safety Code, is |
|---|
| 11 | 11 | | amended by amending Subsection (a) and adding Subsection (c) to |
|---|
| 12 | 12 | | read as follows: |
|---|
| 13 | 13 | | (a) To the extent permissible under federal law and |
|---|
| 14 | 14 | | notwithstanding Section 382.0518, a person who submits an |
|---|
| 15 | 15 | | application for a permit or permit amendment [for a modification of |
|---|
| 16 | 16 | | or a lesser change to an existing facility] under this subtitle may, |
|---|
| 17 | 17 | | at the person's own risk, begin construction related to the |
|---|
| 18 | 18 | | application after the application is submitted and before the |
|---|
| 19 | 19 | | commission has issued the permit or permit amendment if: |
|---|
| 20 | 20 | | (1) the application is for a permit or permit |
|---|
| 21 | 21 | | amendment for a modification of or a lesser change to an existing |
|---|
| 22 | 22 | | facility; or |
|---|
| 23 | 23 | | (2) the executive director has filed with the chief |
|---|
| 24 | 24 | | clerk of the commission under Section 382.056 a final decision to |
|---|
| 25 | 25 | | issue the permit or permit amendment. |
|---|
| 26 | 26 | | (c) Construction begun under Subsection (a)(2) may not |
|---|
| 27 | 27 | | begin earlier than the 30th day after the date the final decision is |
|---|
| 28 | 28 | | filed and must be consistent with the final draft permit. A |
|---|
| 29 | 29 | | facility for which construction begins under Subsection (a)(2) may |
|---|
| 30 | 30 | | not begin operation until the permit or permit amendment has been |
|---|
| 31 | 31 | | finally issued. |
|---|
| 32 | 32 | | SECTION 2. Section 382.056(l), Health and Safety Code, is |
|---|
| 33 | 33 | | amended to read as follows: |
|---|
| 34 | 34 | | (l) The executive director, in accordance with procedures |
|---|
| 35 | 35 | | adopted by the commission by rule, shall file with the chief clerk |
|---|
| 36 | 36 | | of the commission a final decision that includes a response to each |
|---|
| 37 | 37 | | relevant and material public comment on the preliminary decision |
|---|
| 38 | 38 | | filed during the public comment period. |
|---|
| 39 | 39 | | SECTION 3. The changes in law made by this Act apply only to |
|---|
| 40 | 40 | | an application for a permit or permit amendment for which a final |
|---|
| 41 | 41 | | decision is filed with the chief clerk of the Texas Commission on |
|---|
| 42 | 42 | | Environmental Quality on or after the effective date of this Act. |
|---|
| 43 | 43 | | An application for a permit or permit amendment for which a final |
|---|
| 44 | 44 | | decision was filed before the effective date of this Act is governed |
|---|
| 45 | 45 | | by the law in effect on the date of filing, and that law is continued |
|---|
| 46 | 46 | | in effect for that purpose. |
|---|
| 47 | 47 | | SECTION 4. This Act takes effect immediately if it receives |
|---|
| 48 | 48 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 49 | 49 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 50 | 50 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 51 | 51 | | Act takes effect September 1, 2015. |
|---|