By: Estes S.B. No. 1268
A BILL TO BE ENTITLED
AN ACT
relating to the commencement of construction of a project following
the filing of a final decision to issue an air quality permit or
permit amendment for the project.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 382.004, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(a) To the extent permissible under federal law and
notwithstanding Section 382.0518, a person who submits an
application for a permit or permit amendment [for a modification of
or a lesser change to an existing facility] under this subtitle may,
at the person's own risk, begin construction related to the
application after the application is submitted and before the
commission has issued the permit or permit amendment if:
(1) the application is for a permit or permit
amendment for a modification of or a lesser change to an existing
facility; or
(2) the executive director has filed with the chief
clerk of the commission under Section 382.056 a final decision to
issue the permit or permit amendment.
(c) Construction begun under Subsection (a)(2) may not
begin earlier than the 30th day after the date the final decision is
filed and must be consistent with the final draft permit. A
facility for which construction begins under Subsection (a)(2) may
not begin operation until the permit or permit amendment has been
finally issued.
SECTION 2. Section 382.056(l), Health and Safety Code, is
amended to read as follows:
(l) The executive director, in accordance with procedures
adopted by the commission by rule, shall file with the chief clerk
of the commission a final decision that includes a response to each
relevant and material public comment on the preliminary decision
filed during the public comment period.
SECTION 3. The changes in law made by this Act apply only to
an application for a permit or permit amendment for which a final
decision is filed with the chief clerk of the Texas Commission on
Environmental Quality on or after the effective date of this Act.
An application for a permit or permit amendment for which a final
decision was filed before the effective date of this Act is governed
by the law in effect on the date of filing, and that law is continued
in effect for that purpose.
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, 2015.