88R10998 JXC-F
By: Landgraf H.B. No. 2761
A BILL TO BE ENTITLED
AN ACT
relating to the issuance of a standard permit for the emission of
air contaminants from a facility providing material for a public
work project.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 382, Health and Safety
Code, is amended by adding Section 382.069 to read as follows:
Sec. 382.069. STANDARD PERMIT FOR CERTAIN PUBLIC WORK
PROJECTS. (a) In this section, "public work project" means a
project to construct, alter, or repair a civil engineering project,
including a road, street, bridge, underground utility, water supply
project, water plant, wastewater plant, or airport runway or
taxiway, under a contract entered into by a governmental entity
under Chapter 2269, Government Code.
(b) The commission shall issue a standard permit, if the
commission finds that the permit is enforceable, for a facility
that:
(1) is dedicated solely to the provision of material
for a public work project conducted under:
(A) a single contract; or
(B) one of multiple contracts for related project
segments by the same contractor;
(2) is not covered by an individual permit;
(3) is located in or contiguous to the right-of-way of
a public work project;
(4) can adequately monitor compliance with the terms
of the standard permit; and
(5) will use control technology at least as effective
as that described in Section 382.0518(b).
(c) The commission shall publish notice of a standard permit
proposed under this section in the Texas Register and in one or more
statewide or regional newspapers designated by the commission that
will, in the commission's judgment, provide reasonable notice
throughout the state. The notice must include an invitation for
written comments by the public to the commission regarding the
proposed standard permit and must be published not later than the
30th day before the date the commission issues the standard permit.
(d) The commission may hold a public meeting to provide an
additional opportunity for public comment. The commission shall
give notice of a public meeting under this subsection as part of the
notice described in Subsection (c) not later than the 30th day
before the date of the meeting.
(e) The commission by rule shall establish procedures for
the amendment of a standard permit and for the issuance and
revocation of an authorization to use a standard permit. The
procedures must:
(1) provide that an applicant may obtain an
authorization to use the standard permit issued under this section
for a facility by submitting to the commission a written notice of
intent to use the permit;
(2) specify the deadline for submitting and the
information required to be included in a notice of intent under
Subdivision (1); and
(3) authorize an applicant to specify a date or period
of time after the commission receives the notice of intent under
Subdivision (1) on which the emission of air contaminants from the
facility may begin unless the executive director notifies the
applicant that the facility is not authorized to use the standard
permit.
(f) A facility authorized to use a standard permit issued
under this section shall comply with an amendment to the standard
permit beginning on the date the facility's authorization to use
the permit is renewed or the date the commission otherwise
provides. Before the date the facility is required to comply with
the amendment, the standard permit, as it read before the
amendment, applies to the facility.
(g) A standard permit issued under this section must:
(1) provide that an operator of a facility authorized
to use the standard permit may use the standard permit for the
duration of the public work project, unless the executive director
notifies the operator that the facility is not authorized to use the
standard permit;
(2) require an authorization to use a standard permit
issued under this section to terminate on the date the public work
project is completed;
(3) require an operator of a facility authorized to
use a standard permit issued under this section to notify the
commission of the operator's intent to cease operations by
submitting a written notice of termination to the commission; and
(4) specify the deadline for submitting and the
information to be included in a notice of termination under
Subdivision (3).
(h) Sections 382.0516 and 382.056 do not apply to an
application for an authorization to use a standard permit issued
under this section.
(i) The issuance or amendment of a standard permit or the
issuance, renewal, or revocation of an authorization to use a
standard permit is not subject to Chapter 2001, Government Code.
SECTION 2. This Act takes effect September 1, 2023.