| 1 | 1 | | 89R15089 JRR-D |
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| 2 | 2 | | By: Patterson H.B. No. 3997 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to permit application review and contested case procedures |
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| 10 | 10 | | for environmental permits involving a project to construct or |
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| 11 | 11 | | modify a liquefied natural gas export terminal; authorizing a fee. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subchapter M, Chapter 5, Water Code, is amended |
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| 14 | 14 | | by adding Section 5.559 to read as follows: |
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| 15 | 15 | | Sec. 5.559. PROCEDURES FOR PERMIT APPLICATION REVIEW AND |
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| 16 | 16 | | CONTESTED CASES INVOLVING PROJECT TO CONSTRUCT OR MODIFY LIQUEFIED |
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| 17 | 17 | | NATURAL GAS EXPORT TERMINAL. (a) This section applies only to a |
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| 18 | 18 | | permit application filed with the commission for a project to |
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| 19 | 19 | | construct or modify a liquefied natural gas export terminal. |
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| 20 | 20 | | (b) The commission by rule shall establish an expedited |
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| 21 | 21 | | permit application review process for permit applications |
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| 22 | 22 | | described by Subsection (a). Rules adopted under this subsection |
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| 23 | 23 | | must require an applicant who elects the expedited permit |
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| 24 | 24 | | application review process to pay an additional fee in an amount the |
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| 25 | 25 | | commission determines is necessary to cover the costs of the |
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| 26 | 26 | | expedited review. |
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| 27 | 27 | | (c) Not later than the 120th day after the close of the |
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| 28 | 28 | | public comment period for a permit application described by |
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| 29 | 29 | | Subsection (a), the executive director shall issue a written |
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| 30 | 30 | | response to any relevant and material public comments received |
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| 31 | 31 | | during the public comment period. |
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| 32 | 32 | | (d) Notwithstanding any other law, if a party requests a |
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| 33 | 33 | | contested case hearing involving a permit application described by |
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| 34 | 34 | | Subsection (a), the commission shall delegate to the State Office |
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| 35 | 35 | | of Administrative Hearings the responsibility to conduct the |
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| 36 | 36 | | contested case hearing. The provisions of Chapter 2001, Government |
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| 37 | 37 | | Code, and Section 2003.047 of that code apply to a contested case |
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| 38 | 38 | | hearing held under this subsection to the extent not inconsistent |
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| 39 | 39 | | with this section or rules adopted under this section. |
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| 40 | 40 | | (e) In a request for a contested case hearing under this |
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| 41 | 41 | | section, the party requesting the hearing must specify each reason |
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| 42 | 42 | | the party is an affected person as defined by Section 5.115(a). In |
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| 43 | 43 | | determining whether a party is an affected person, the |
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| 44 | 44 | | administrative law judge may only consider the reasons specified by |
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| 45 | 45 | | the party in the party's request for a contested case hearing. |
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| 46 | 46 | | (f) In a contested case under this section, an |
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| 47 | 47 | | administrative law judge shall hold a preliminary hearing for the |
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| 48 | 48 | | case not later than the 30th day after the date the commission |
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| 49 | 49 | | refers the case to the administrative law judge, provided that the |
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| 50 | 50 | | judge may grant one extension of the time, not to exceed 15 days, on |
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| 51 | 51 | | request of any party. |
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| 52 | 52 | | (g) The commission shall adopt rules as necessary to |
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| 53 | 53 | | implement this section. |
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| 54 | 54 | | (h) To the extent of a conflict between this section and |
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| 55 | 55 | | another law, this section controls. |
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| 56 | 56 | | SECTION 2. The change in law made by this Act applies only |
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| 57 | 57 | | to a permit application described by Section 5.559(a), Water Code, |
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| 58 | 58 | | as added by this Act, that is filed with the Texas Commission on |
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| 59 | 59 | | Environmental Quality on or after the effective date of this Act. A |
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| 60 | 60 | | permit application described by Section 5.559(a), Water Code, as |
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| 61 | 61 | | added by this Act, that is pending on the effective date of this Act |
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| 62 | 62 | | is governed by the law in effect at the time the application was |
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| 63 | 63 | | filed, and the former law is continued in effect for that purpose. |
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| 64 | 64 | | SECTION 3. This Act takes effect September 1, 2025. |
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