Texas 2023 - 88th Regular

Texas House Bill HB2761 Compare Versions

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1	1	88R10998 JXC-F
2	2	By: Landgraf H.B. No. 2761
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the issuance of a standard permit for the emission of
8	8	air contaminants from a facility providing material for a public
9	9	work project.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter C, Chapter 382, Health and Safety
12	12	Code, is amended by adding Section 382.069 to read as follows:
13	13	Sec. 382.069. STANDARD PERMIT FOR CERTAIN PUBLIC WORK
14	14	PROJECTS. (a) In this section, "public work project" means a
15	15	project to construct, alter, or repair a civil engineering project,
16	16	including a road, street, bridge, underground utility, water supply
17	17	project, water plant, wastewater plant, or airport runway or
18	18	taxiway, under a contract entered into by a governmental entity
19	19	under Chapter 2269, Government Code.
20	20	(b) The commission shall issue a standard permit, if the
21	21	commission finds that the permit is enforceable, for a facility
22	22	that:
23	23	(1) is dedicated solely to the provision of material
24	24	for a public work project conducted under:
25	25	(A) a single contract; or
26	26	(B) one of multiple contracts for related project
27	27	segments by the same contractor;
28	28	(2) is not covered by an individual permit;
29	29	(3) is located in or contiguous to the right-of-way of
30	30	a public work project;
31	31	(4) can adequately monitor compliance with the terms
32	32	of the standard permit; and
33	33	(5) will use control technology at least as effective
34	34	as that described in Section 382.0518(b).
35	35	(c) The commission shall publish notice of a standard permit
36	36	proposed under this section in the Texas Register and in one or more
37	37	statewide or regional newspapers designated by the commission that
38	38	will, in the commission's judgment, provide reasonable notice
39	39	throughout the state. The notice must include an invitation for
40	40	written comments by the public to the commission regarding the
41	41	proposed standard permit and must be published not later than the
42	42	30th day before the date the commission issues the standard permit.
43	43	(d) The commission may hold a public meeting to provide an
44	44	additional opportunity for public comment. The commission shall
45	45	give notice of a public meeting under this subsection as part of the
46	46	notice described in Subsection (c) not later than the 30th day
47	47	before the date of the meeting.
48	48	(e) The commission by rule shall establish procedures for
49	49	the amendment of a standard permit and for the issuance and
50	50	revocation of an authorization to use a standard permit. The
51	51	procedures must:
52	52	(1) provide that an applicant may obtain an
53	53	authorization to use the standard permit issued under this section
54	54	for a facility by submitting to the commission a written notice of
55	55	intent to use the permit;
56	56	(2) specify the deadline for submitting and the
57	57	information required to be included in a notice of intent under
58	58	Subdivision (1); and
59	59	(3) authorize an applicant to specify a date or period
60	60	of time after the commission receives the notice of intent under
61	61	Subdivision (1) on which the emission of air contaminants from the
62	62	facility may begin unless the executive director notifies the
63	63	applicant that the facility is not authorized to use the standard
64	64	permit.
65	65	(f) A facility authorized to use a standard permit issued
66	66	under this section shall comply with an amendment to the standard
67	67	permit beginning on the date the facility's authorization to use
68	68	the permit is renewed or the date the commission otherwise
69	69	provides. Before the date the facility is required to comply with
70	70	the amendment, the standard permit, as it read before the
71	71	amendment, applies to the facility.
72	72	(g) A standard permit issued under this section must:
73	73	(1) provide that an operator of a facility authorized
74	74	to use the standard permit may use the standard permit for the
75	75	duration of the public work project, unless the executive director
76	76	notifies the operator that the facility is not authorized to use the
77	77	standard permit;
78	78	(2) require an authorization to use a standard permit
79	79	issued under this section to terminate on the date the public work
80	80	project is completed;
81	81	(3) require an operator of a facility authorized to
82	82	use a standard permit issued under this section to notify the
83	83	commission of the operator's intent to cease operations by
84	84	submitting a written notice of termination to the commission; and
85	85	(4) specify the deadline for submitting and the
86	86	information to be included in a notice of termination under
87	87	Subdivision (3).
88	88	(h) Sections 382.0516 and 382.056 do not apply to an
89	89	application for an authorization to use a standard permit issued
90	90	under this section.
91	91	(i) The issuance or amendment of a standard permit or the
92	92	issuance, renewal, or revocation of an authorization to use a
93	93	standard permit is not subject to Chapter 2001, Government Code.
94	94	SECTION 2. This Act takes effect September 1, 2023.