By: Huffines S.B. No. 1605
A BILL TO BE ENTITLED
AN ACT
relating to an expedited permit program for permits issued by the
Texas Commission on Environmental Quality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 5, Water Code, is amended
by adding Section 5.136 to read as follows:
Sec. 5.136. EXPEDITED PERMIT PROGRAM. (a) The commission
by rule shall create a program for the expedited issuance and
renewal of all permits issued by the commission other than permits
by rule, general permits, or standard permits.
(b) Rules adopted under this section shall:
(1) allow for public comments to be submitted only
online;
(2) require an applicant for an expedited permit or
permit renewal to pay a fee in an amount not more than twice the fee
required for a nonexpedited permit or permit renewal of the same
type; and
(3) require the commission to grant or deny an
expedited permit or permit renewal not later than the 60th day after
the date the permit or permit renewal application is received by the
commission.
(c) The commission may waive the requirement in Subsection
(b)(3) on a majority vote of the commission after notice and a
public hearing as provided by commission rule.
(d) If federal regulations prevent compliance with
Subsection (b)(3), the commission shall:
(1) clearly and publicly identify the relevant federal
regulation that prevents compliance; and
(2) if possible, apply for a waiver that would allow
compliance.
SECTION 2. The Texas Commission on Environmental Quality
shall adopt rules to establish an expedited permit program as
required by Section 5.136, Water Code, as added by this Act, as soon
as practicable after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2015.