| 1 | 1 | | 89R14310 CMO-D |
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| 2 | 2 | | By: Luther H.B. No. 4981 |
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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 a scoring system for all permit applications within the |
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| 10 | 10 | | jurisdiction of the Texas Commission on Environmental Quality. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter M-1, Chapter 5, Water Code, is |
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| 13 | 13 | | amended by adding Section 5.588 to read as follows: |
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| 14 | 14 | | Sec. 5.588. PERMIT APPLICATION SCORING SYSTEM. (a) In |
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| 15 | 15 | | addition to any criteria the commission would otherwise consider |
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| 16 | 16 | | when evaluating a permit application, the commission shall also |
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| 17 | 17 | | score each application using a point system that prioritizes |
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| 18 | 18 | | criteria regarding: |
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| 19 | 19 | | (1) quantifiable community participation as provided |
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| 20 | 20 | | by Subsection (c), evaluated on the basis of: |
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| 21 | 21 | | (A) resolutions concerning the subject of the |
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| 22 | 22 | | permit application that are voted on and adopted by the governing |
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| 23 | 23 | | body of any political subdivision in which the proposed facility or |
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| 24 | 24 | | activity to which the application relates is or will be located; and |
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| 25 | 25 | | (B) written statements from: |
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| 26 | 26 | | (i) any neighborhood organizations on |
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| 27 | 27 | | record with the state or county likely to be directly affected by |
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| 28 | 28 | | the permit application; and |
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| 29 | 29 | | (ii) each state senator and state |
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| 30 | 30 | | representative who represents the area in which the facility or |
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| 31 | 31 | | activity to which the application relates is or will be located; and |
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| 32 | 32 | | (2) any criteria otherwise required by law for the |
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| 33 | 33 | | commission to evaluate the relevant permit application. |
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| 34 | 34 | | (b) In scoring a permit application under Subsection (a), |
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| 35 | 35 | | the commission shall weigh the criteria in Subsection (a)(1) to |
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| 36 | 36 | | account for 55 percent of the score and the criteria in Subsection |
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| 37 | 37 | | (a)(2) to account for 45 percent of the score. The commission may |
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| 38 | 38 | | not approve a permit application that receives a total score of less |
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| 39 | 39 | | than 75 percent of the total points available. |
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| 40 | 40 | | (c) In evaluating the level of community support for an |
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| 41 | 41 | | application under Subsection (a)(1), the commission shall award: |
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| 42 | 42 | | (1) positive points for positive statements received; |
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| 43 | 43 | | (2) negative points for negative statements received; |
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| 44 | 44 | | and |
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| 45 | 45 | | (3) zero points for neutral statements received. |
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| 46 | 46 | | (d) The commission shall publish on its Internet website the |
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| 47 | 47 | | details of the scoring system used by the commission in accordance |
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| 48 | 48 | | with this section. |
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| 49 | 49 | | SECTION 2. Section 5.588, Water Code, as added by this Act, |
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| 50 | 50 | | applies only to a permit application submitted to the Texas |
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| 51 | 51 | | Commission on Environmental Quality on or after the effective date |
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| 52 | 52 | | of this Act. |
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| 53 | 53 | | SECTION 3. This Act takes effect September 1, 2025. |
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