89R10011 KRM-D
By: Alvarado S.B. No. 1176
A BILL TO BE ENTITLED
AN ACT
relating to a request by a member of the legislature for an
opportunity for public comment on certain air permits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 382.056, Health and Safety Code, is
amended by amending Subsections (g) and (g-1) and adding
Subsections (g-2) and (g-3) to read as follows:
(g) If, in response to the notice published under Subsection
(a) for a permit or permit amendment under Section 382.0518 or a
permit renewal review under Section 382.055, a person requests
during the period provided by commission rule that the commission
hold a public hearing and the request is not withdrawn before the
date the preliminary decision is issued, the applicant shall
publish notice of the preliminary decision in a newspaper, and the
commission shall seek public comment on the preliminary decision.
The commission shall consider the request for public hearing under
the procedures provided by Subsections (i)-(n).
(g-1) Except as provided by Subsection (g-2), the [The]
commission may not seek further public comment or hold a public
hearing under the procedures provided by Subsections (i)-(n) in
response to a request for a public hearing on an amendment,
modification, or renewal that would not result in an increase in
allowable emissions and would not result in the emission of an air
contaminant not previously emitted.
(g-2) The commission shall seek public comment under the
procedures provided by Subsections (i)-(l) regarding an amendment,
modification, or renewal described by Subsection (g-1) if the
commission receives a request for a public comment period from a
member of the legislature who represents the general area in which
the facility is located or proposed to be located.
(g-3) [(g-1)] The notice of intent required by Subsection
(a) and the notice of the preliminary decision described by
Subsection (g) may be consolidated into one notice if:
(1) not later than the 15th day after the date the
application for which the notice is required is received, the
commission determines the application to be administratively
complete; and
(2) the preliminary decision and draft permit related
to the application are available at the time of the commission's
determination under Subdivision (1).
SECTION 2. Section 382.056(g-2), Health and Safety Code, as
added by this Act, applies only to an application for a permit,
permit amendment, or permit renewal that is filed with the Texas
Commission on Environmental Quality on or after the effective date
of this Act. An application for a permit, permit amendment, or
permit renewal filed before the effective date of this Act is
governed by the law in effect on the date of filing, and that law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2025.