Texas 2021 - 87th Regular

Texas House Bill HB2370 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R3658 SLB-F
2	2	By: Morales Shaw H.B. No. 2370
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to procedures for certain permit applications submitted to
8	8	the Texas Commission on Environmental Quality.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 2003.047, Government Code, is amended by
11	11	adding Subsection (d-1) and amending Subsection (e-2) to read as
12	12	follows:
13	13	(d-1) An applicant whose application has been referred for a
14	14	contested case hearing to be held in accordance with this section
15	15	may not request changes to the application after the 31st day before
16	16	the date scheduled for the preliminary hearing on the application.
17	17	If an applicant chooses to not proceed with the preliminary hearing
18	18	on the application on or before the 31st day before the date
19	19	scheduled for the preliminary hearing, the applicant must withdraw
20	20	the application with or without prejudice in accordance with
21	21	commission rule. If an applicant who has withdrawn an application
22	22	without prejudice subsequently resubmits a revised application,
23	23	the applicant must comply with applicable notice and other
24	24	requirements in effect on the date the revised application is
25	25	submitted to the commission. This subsection does not apply to a
26	26	change made to an application for which:
27	27	(1) a preliminary hearing has been held and parties to
28	28	the hearing have been named;
29	29	(2) all parties to the hearing have agreed in writing
30	30	to the proposed changes; and
31	31	(3) the applicant has complied with applicable notice
32	32	requirements.
33	33	(e-2) For a matter referred under Section 5.556 or 5.557,
34	34	Water Code, the administrative law judge must complete the
35	35	proceeding and provide a proposal for decision to the commission
36	36	not later than the earlier of:
37	37	(1) the 270th [180th] day after the date of the
38	38	preliminary hearing; or
39	39	(2) the date specified by the commission.
40	40	SECTION 2. Section 382.058(c), Health and Safety Code, is
41	41	amended to read as follows:
42	42	(c) For purposes of this section, only a representative of a
43	43	school, place of worship, licensed day-care center, hospital, or
44	44	medical facility or a person [those persons actually] residing [in
45	45	a permanent residence] within 440 yards of the proposed plant may
46	46	request a hearing under Section 382.056 as a person who may be
47	47	affected. The commission shall adopt rules establishing who
48	48	qualifies as a representative of a school, place of worship,
49	49	licensed day-care center, hospital, or medical facility under this
50	50	section.
51	51	SECTION 3. Section 5.115(a-1), Water Code, is amended to
52	52	read as follows:
53	53	(a-1) The commission shall adopt rules specifying factors
54	54	which must be considered in determining whether a person is an
55	55	affected person in any contested case arising under the air, waste,
56	56	or water programs within the commission's jurisdiction and whether
57	57	an affected association is entitled to standing in contested case
58	58	hearings. For a matter referred under Section 5.556, the
59	59	commission:
60	60	(1) may consider:
61	61	(A) [the merits of the underlying application,
62	62	including whether the application meets the requirements for permit
63	63	issuance;
64	64	[(B)] the likely impact of regulated activity on
65	65	the health, safety, and use of the property of the hearing
66	66	requestor;
67	67	(B) [(C)] the administrative record, including
68	68	the permit application and any supporting documentation;
69	69	(C) [(D)] the analysis and opinions of the
70	70	executive director; and
71	71	(D) [(E)] any other expert reports, affidavits,
72	72	opinions, or data submitted on or before any applicable deadline to
73	73	the commission by the executive director, the applicant, or a
74	74	hearing requestor; and
75	75	(2) may not find that:
76	76	(A) a group or association is an affected person
77	77	unless the group or association identifies, by name and physical
78	78	address in a timely request for a contested case hearing, a member
79	79	of the group or association who would be an affected person in the
80	80	person's own right; or
81	81	(B) a hearing requestor is an affected person
82	82	unless the hearing requestor timely submitted comments on the
83	83	permit application.
84	84	SECTION 4. Section 5.552, Water Code, is amended by
85	85	amending Subsection (b) and adding Subsection (b-1) to read as
86	86	follows:
87	87	(b) Not later than the 30th day after the date the executive
88	88	director determines the application to be administratively
89	89	complete:
90	90	(1) the applicant shall publish notice of intent to
91	91	obtain a permit at least once in the newspaper of largest
92	92	circulation in the county in which the facility to which the
93	93	application relates is located or proposed to be located or, if the
94	94	facility to which the application relates is located or proposed to
95	95	be located in a municipality, at least once in a newspaper of
96	96	general circulation in the municipality; [and]
97	97	(2) the chief clerk of the commission shall mail
98	98	notice of intent to obtain a permit to:
99	99	(A) the state senator and representative who
100	100	represent the general area in which the facility is located or
101	101	proposed to be located;
102	102	(B) the mayor and health authorities of the
103	103	municipality in which the facility is located or proposed to be
104	104	located;
105	105	(C) the county judge and health authorities of
106	106	the county in which the facility is located or proposed to be
107	107	located; and
108	108	(D) the river authority in which the facility is
109	109	located or proposed to be located if the application is under
110	110	Chapter 26, Water Code; and
111	111	(3) the commission shall post a copy of the
112	112	application on a publicly accessible Internet website.
113	113	(b-1) The commission shall post a copy of the application as
114	114	provided by Subsection (b)(3) on the same day that the chief clerk
115	115	of the commission mails the notice as provided by Subsection
116	116	(b)(2). The commission:
117	117	(1) shall:
118	118	(A) post any subsequent revision or supplement to
119	119	the application as the revision or supplement becomes available;
120	120	and
121	121	(B) maintain the posting until the commission
122	122	takes final action on the application; and
123	123	(2) may not penalize the applicant in the application
124	124	process if the commission fails to post or maintain the posting of
125	125	the application materials.
126	126	SECTION 5. The following provisions are repealed:
127	127	(1) Sections 2003.047(i-1), (i-2), and (i-3),
128	128	Government Code; and
129	129	(2) Section 382.0291(d), Health and Safety Code.
130	130	SECTION 6. The changes in law made by this Act apply only to
131	131	an application submitted to the Texas Commission on Environmental
132	132	Quality on or after the effective date of this Act. An application
133	133	submitted to the Texas Commission on Environmental Quality before
134	134	the effective date of this Act is governed by the law in effect at
135	135	the time the application was filed, and the former law is continued
136	136	in effect for that purpose.
137	137	SECTION 7. This Act takes effect September 1, 2021.