By: Fraser S.B. No. 709
A BILL TO BE ENTITLED
AN ACT
relating to environmental permitting procedures for applications
filed with the Texas Commission on Environmental Quality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2003.047, Government Code, is amended by
adding Subsections (d-1) and (d-2) and amending Subsections (e) and
(e-1) to read as follows:
(d-1) The applicant's filing with the administrative law
judge of the draft permit, the executive director's preliminary
decision, and any other supporting documentation in the
administrative record is a prima facie demonstration that:
(1) the draft permit meets all state and federal
statutory, regulatory and technical requirements; and
(2) a permit issued in the same form of the draft
permit would be protective of the public's health and physical
property and the environment.
(d-2) After the applicant has made a prima facie
demonstration pursuant to Subsection (d-1), each protesting party
shall be given an opportunity to present evidence to demonstrate
that the draft permit does not meet the requirements of Subsection
(d-1) based on the number and scope of issues that have been
referred by the commission. After the submission of evidence by the
protesting parties, the applicant and the executive director may
present evidence to support the draft permit.
(e) In referring a matter for hearing pursuant to Water Code
Section 5.556, the commission shall provide to the administrative
law judge a discrete list of disputed factual issues and [. The
commission] shall specify the date by which the] administrative law
judge must [is expected to] complete the proceeding and provide a
proposal for decision to the commission, which may not exceed 180
days after the preliminary hearing.
(e-1) In matters referred to a hearing pursuant to Water
Code 5.556 or 5.557, the administrative law judge:
(1) may extend the proceeding only if the
administrative law judge determines that failure to grant an
extension would deprive a party of due process or another
constitutional right; [. The administrative law judge]
(2) subject to Subsection (e-1)(1), shall establish a
docket control order designed to complete the proceeding and
provide a proposal for decision no later than 180 days after the
preliminary hearing or by the date specified by the commission,
whichever is earlier.
SECTION 2. Section 5.556, Water Code, is amended by adding
Subsection (c-1) to read as follows:
(c-1) In determining under Subsection (c) whether a person
seeking a contested case hearing is an affected person, the
commission:
(1) may weigh and resolve matters relating to the
merits of the underlying application, including whether the
application meets the requirements for issuance and the likely
impact of the regulated activity on the health, safety, and use of
the property of the hearing requester;
(2) may evaluate the administrative record, including
the permit application and any supporting documentation, the
analysis and opinions of the executive director, and any other
expert reports, affidavits, opinions, or data submitted to the
commission by the executive director, the applicant or a hearing
requester within the applicable deadlines to submit hearing
requests and briefing to the commission;
(3) may not find that a group or association is an
affected person unless the group or association identifies, by name
and physical address in a timely request for a contested case
hearing, a member who would be an affected person in the person's
own right; and
(4) may not find that a hearing requester is an
affected person unless the hearing requester timely submitted
comments, and may only refer an issue pursuant to Subsection (d) if
requested by the affected person who raised the issue in a timely
submitted comment.
SECTION 3. The changes in law made by this Act apply only to
an application for a permit that is filed with the Texas Commission
on Environmental Quality on or after the effective date of this Act.
An application for a permit 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.