88R9277 JRR-D
By: AnchÃa H.B. No. 4785
A BILL TO BE ENTITLED
AN ACT
relating to the denial of certain applications for a permit or other
authorization under the Texas Clean Air Act on the basis of adverse
environmental justice impacts.
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 382.0595 to read as follows:
Sec. 382.0595. DENIAL OF CERTAIN APPLICATIONS FOR PERMIT OR
OTHER AUTHORIZATION ON BASIS OF ADVERSE ENVIRONMENTAL JUSTICE
IMPACTS. Notwithstanding any other law, the commission shall deny
an application for a permit or other authorization under this
chapter that is subject to new source review if the commission
determines that emissions from the facility that is the subject of
the application will have a disproportionately adverse effect on
the health, property, or environment of a low-income population in
the vicinity of the facility as compared to the effects of those
emissions on other populations in the area. In making the
determination, the commission shall consider the facility's
individual effect and the overall cumulative effect of the facility
on a low-income population in conjunction with other proposed or
existing facilities in the area.
SECTION 2. Section 382.0595, Health and Safety Code, as
added by this Act, applies only to an application for a permit or
other authorization that is filed with the Texas Commission on
Environmental Quality on or after the effective date of this Act.
An application for a permit or other authorization filed before the
effective date of this Act is governed by the law in effect on the
date of the filing, and the former law is continued in effect for
that purpose.
SECTION 3. This Act takes effect September 1, 2023.