| 1 | 1 | | 89R10011 KRM-D |
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| 2 | 2 | | By: Alvarado S.B. No. 1176 |
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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 request by a member of the legislature for an |
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| 10 | 10 | | opportunity for public comment on certain air permits. |
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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. Section 382.056, Health and Safety Code, is |
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| 13 | 13 | | amended by amending Subsections (g) and (g-1) and adding |
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| 14 | 14 | | Subsections (g-2) and (g-3) to read as follows: |
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| 15 | 15 | | (g) If, in response to the notice published under Subsection |
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| 16 | 16 | | (a) for a permit or permit amendment under Section 382.0518 or a |
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| 17 | 17 | | permit renewal review under Section 382.055, a person requests |
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| 18 | 18 | | during the period provided by commission rule that the commission |
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| 19 | 19 | | hold a public hearing and the request is not withdrawn before the |
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| 20 | 20 | | date the preliminary decision is issued, the applicant shall |
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| 21 | 21 | | publish notice of the preliminary decision in a newspaper, and the |
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| 22 | 22 | | commission shall seek public comment on the preliminary decision. |
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| 23 | 23 | | The commission shall consider the request for public hearing under |
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| 24 | 24 | | the procedures provided by Subsections (i)-(n). |
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| 25 | 25 | | (g-1) Except as provided by Subsection (g-2), the [The] |
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| 26 | 26 | | commission may not seek further public comment or hold a public |
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| 27 | 27 | | hearing under the procedures provided by Subsections (i)-(n) in |
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| 28 | 28 | | response to a request for a public hearing on an amendment, |
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| 29 | 29 | | modification, or renewal that would not result in an increase in |
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| 30 | 30 | | allowable emissions and would not result in the emission of an air |
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| 31 | 31 | | contaminant not previously emitted. |
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| 32 | 32 | | (g-2) The commission shall seek public comment under the |
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| 33 | 33 | | procedures provided by Subsections (i)-(l) regarding an amendment, |
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| 34 | 34 | | modification, or renewal described by Subsection (g-1) if the |
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| 35 | 35 | | commission receives a request for a public comment period from a |
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| 36 | 36 | | member of the legislature who represents the general area in which |
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| 37 | 37 | | the facility is located or proposed to be located. |
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| 38 | 38 | | (g-3) [(g-1)] The notice of intent required by Subsection |
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| 39 | 39 | | (a) and the notice of the preliminary decision described by |
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| 40 | 40 | | Subsection (g) may be consolidated into one notice if: |
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| 41 | 41 | | (1) not later than the 15th day after the date the |
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| 42 | 42 | | application for which the notice is required is received, the |
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| 43 | 43 | | commission determines the application to be administratively |
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| 44 | 44 | | complete; and |
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| 45 | 45 | | (2) the preliminary decision and draft permit related |
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| 46 | 46 | | to the application are available at the time of the commission's |
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| 47 | 47 | | determination under Subdivision (1). |
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| 48 | 48 | | SECTION 2. Section 382.056(g-2), Health and Safety Code, as |
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| 49 | 49 | | added by this Act, applies only to an application for a permit, |
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| 50 | 50 | | permit amendment, or permit renewal that is filed with 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. An application for a permit, permit amendment, or |
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| 53 | 53 | | permit renewal filed before the effective date of this Act is |
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| 54 | 54 | | governed by the law in effect on the date of filing, and that law is |
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| 55 | 55 | | continued in effect for that purpose. |
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| 56 | 56 | | SECTION 3. This Act takes effect September 1, 2025. |
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