| 1 | 1 | | By: Huffines S.B. No. 1605 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to an expedited permit program for permits issued by the |
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| 7 | 7 | | Texas Commission on Environmental Quality. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter D, Chapter 5, Water Code, is amended |
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| 10 | 10 | | by adding Section 5.136 to read as follows: |
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| 11 | 11 | | Sec. 5.136. EXPEDITED PERMIT PROGRAM. (a) The commission |
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| 12 | 12 | | by rule shall create a program for the expedited issuance and |
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| 13 | 13 | | renewal of all permits issued by the commission other than permits |
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| 14 | 14 | | by rule, general permits, or standard permits. |
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| 15 | 15 | | (b) Rules adopted under this section shall: |
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| 16 | 16 | | (1) allow for public comments to be submitted only |
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| 17 | 17 | | online; |
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| 18 | 18 | | (2) require an applicant for an expedited permit or |
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| 19 | 19 | | permit renewal to pay a fee in an amount not more than twice the fee |
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| 20 | 20 | | required for a nonexpedited permit or permit renewal of the same |
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| 21 | 21 | | type; and |
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| 22 | 22 | | (3) require the commission to grant or deny an |
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| 23 | 23 | | expedited permit or permit renewal not later than the 60th day after |
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| 24 | 24 | | the date the permit or permit renewal application is received by the |
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| 25 | 25 | | commission. |
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| 26 | 26 | | (c) The commission may waive the requirement in Subsection |
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| 27 | 27 | | (b)(3) on a majority vote of the commission after notice and a |
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| 28 | 28 | | public hearing as provided by commission rule. |
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| 29 | 29 | | (d) If federal regulations prevent compliance with |
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| 30 | 30 | | Subsection (b)(3), the commission shall: |
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| 31 | 31 | | (1) clearly and publicly identify the relevant federal |
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| 32 | 32 | | regulation that prevents compliance; and |
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| 33 | 33 | | (2) if possible, apply for a waiver that would allow |
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| 34 | 34 | | compliance. |
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| 35 | 35 | | SECTION 2. The Texas Commission on Environmental Quality |
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| 36 | 36 | | shall adopt rules to establish an expedited permit program as |
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| 37 | 37 | | required by Section 5.136, Water Code, as added by this Act, as soon |
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| 38 | 38 | | as practicable after the effective date of this Act. |
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| 39 | 39 | | SECTION 3. This Act takes effect September 1, 2015. |
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