TX
Texas Senate Bill SB2037

Texas 2025 - 89th Regular

Texas Senate Bill SB2037 Compare Versions

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1+89R15089 JRR-D
12 By: Sparks S.B. No. 2037
2- (In the Senate - Filed March 7, 2025; March 17, 2025, read
3- first time and referred to Committee on Natural Resources;
4- April 7, 2025, reported adversely, with favorable Committee
5- Substitute by the following vote: Yeas 9, Nays 0; April 7, 2025,
6- sent to printer.)
7-Click here to see the committee vote
8- COMMITTEE SUBSTITUTE FOR S.B. No. 2037 By: Zaffirini
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117 A BILL TO BE ENTITLED
128 AN ACT
139 relating to permit application review and contested case procedures
1410 for environmental permits involving a project to construct or
1511 modify a liquefied natural gas export terminal; authorizing a fee.
1612 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17- SECTION 1. Section 5.555, Water Code, is amended by adding
18- Subsection (a-1) to read as follows:
19- (a-1) With respect to a permit application filed with the
20- commission for a project to construct or modify a liquefied natural
21- gas export terminal or a renewal of that permit, the executive
22- director shall provide each response required by Subsection (a) not
23- later than the 120th day after the close of the public comment
24- period.
25- SECTION 2. Subchapter M, Chapter 5, Water Code, is amended
13+ SECTION 1. Subchapter M, Chapter 5, Water Code, is amended
2614 by adding Section 5.559 to read as follows:
2715 Sec. 5.559. PROCEDURES FOR PERMIT APPLICATION REVIEW AND
2816 CONTESTED CASES INVOLVING PROJECT TO CONSTRUCT OR MODIFY LIQUEFIED
2917 NATURAL GAS EXPORT TERMINAL. (a) This section applies only to a
3018 permit application filed with the commission for a project to
3119 construct or modify a liquefied natural gas export terminal.
3220 (b) The commission by rule shall establish an expedited
3321 permit application review process for permit applications
3422 described by Subsection (a). Rules adopted under this subsection
3523 must require an applicant who elects the expedited permit
3624 application review process to pay an additional fee in an amount the
3725 commission determines is necessary to cover the costs of the
38- expedited review. The additional fee collected pursuant to this
39- subsection shall be deposited to the credit of a special account in
40- the general revenue fund and may be used only for the administration
41- of the expedited permit application established under this
42- subsection.
43- (c) In a request for a contested case hearing involving a
44- permit application described by Subsection (a), the party
45- requesting the hearing must specify each reason the party is an
46- affected person as defined by Section 5.115(a). In determining
47- whether a party is an affected person, the administrative law judge
48- may only consider the reasons specified by:
49- (1) the party in the party's request for a contested
50- case hearing; and
51- (2) the permit applicant in a response submitted under
52- Subsection (d) regarding why the requesting party should or should
53- not be considered an affected party.
54- (d) A permit applicant shall submit any response described
55- by Subsection (c)(2) not later than:
56- (1) the 20th day after the date the commission refers
57- the case to the State Office of Administrative Hearings; or
58- (2) a later date authorized by the administrative law
59- judge.
60- (e) In a contested case involving a permit application
61- described by Subsection (a), an administrative law judge shall set
62- a date for the preliminary hearing not later than the 30th day after
63- the date the commission refers the case to the State Office of
64- Administrative Hearings.
65- (f) The commission shall adopt rules as necessary to
26+ expedited review.
27+ (c) Not later than the 120th day after the close of the
28+ public comment period for a permit application described by
29+ Subsection (a), the executive director shall issue a written
30+ response to any relevant and material public comments received
31+ during the public comment period.
32+ (d) Notwithstanding any other law, if a party requests a
33+ contested case hearing involving a permit application described by
34+ Subsection (a), the commission shall delegate to the State Office
35+ of Administrative Hearings the responsibility to conduct the
36+ contested case hearing. The provisions of Chapter 2001, Government
37+ Code, and Section 2003.047 of that code apply to a contested case
38+ hearing held under this subsection to the extent not inconsistent
39+ with this section or rules adopted under this section.
40+ (e) In a request for a contested case hearing under this
41+ section, the party requesting the hearing must specify each reason
42+ the party is an affected person as defined by Section 5.115(a). In
43+ determining whether a party is an affected person, the
44+ administrative law judge may only consider the reasons specified by
45+ the party in the party's request for a contested case hearing.
46+ (f) In a contested case under this section, an
47+ administrative law judge shall hold a preliminary hearing for the
48+ case not later than the 30th day after the date the commission
49+ refers the case to the administrative law judge, provided that the
50+ judge may grant one extension of the time, not to exceed 15 days, on
51+ request of any party.
52+ (g) The commission shall adopt rules as necessary to
6653 implement this section.
67- SECTION 3. Section 382.056, Health and Safety Code, is
68- amended by adding Subsection (l-1) and amending Subsection (n) to
69- read as follows:
70- (l-1) With respect to a permit application filed with the
71- commission under Section 382.0518 for a project to construct or
72- modify a liquefied natural gas export terminal or a renewal review
73- of that permit under Section 382.055, the executive director shall
74- provide each response required by Subsection (l) not later than the
75- 120th day after the close of the public comment period.
76- (n) Except as provided by Section 382.0561, the commission
77- shall consider a request that the commission reconsider the
78- executive director's decision or hold a contested case [public]
79- hearing in accordance with the procedures provided by Sections
80- 5.556 and 5.557, Water Code.
81- SECTION 4. The change in law made by this Act applies only
82- to a permit application for a project to construct or modify a
83- liquefied natural gas export terminal or a renewal of that permit
84- that is filed with the Texas Commission on Environmental Quality on
85- or after the effective date of this Act. A permit application for a
86- project to construct or modify a liquefied natural gas export
87- terminal or a renewal of that permit that is pending on the
88- effective date of this Act is governed by the law in effect at the
89- time the application was filed, and the former law is continued in
90- effect for that purpose.
91- SECTION 5. This Act takes effect September 1, 2025.
92- * * * * *
54+ (h) To the extent of a conflict between this section and
55+ another law, this section controls.
56+ SECTION 2. The change in law made by this Act applies only
57+ to a permit application described by Section 5.559(a), Water Code,
58+ as added by this Act, that is filed with the Texas Commission on
59+ Environmental Quality on or after the effective date of this Act. A
60+ permit application described by Section 5.559(a), Water Code, as
61+ added by this Act, that is pending on the effective date of this Act
62+ is governed by the law in effect at the time the application was
63+ filed, and the former law is continued in effect for that purpose.
64+ SECTION 3. This Act takes effect September 1, 2025.