| 1 | 1 | | 89R8348 JRR-D |
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| 2 | 2 | | By: Johnson S.B. No. 2636 |
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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 the denial of certain applications for a permit or other |
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| 10 | 10 | | authorization under the Texas Clean Air Act on the basis of certain |
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| 11 | 11 | | adverse impacts. |
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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 C, Chapter 382, Health and Safety |
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| 14 | 14 | | Code, is amended by adding Section 382.0595 to read as follows: |
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| 15 | 15 | | Sec. 382.0595. DENIAL OF CERTAIN APPLICATIONS FOR PERMIT OR |
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| 16 | 16 | | OTHER AUTHORIZATION ON BASIS OF CERTAIN ADVERSE IMPACTS. |
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| 17 | 17 | | Notwithstanding any other law, the commission shall deny an |
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| 18 | 18 | | application for a permit or other authorization under this chapter |
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| 19 | 19 | | that is subject to new source review if the commission determines |
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| 20 | 20 | | that emissions from the facility that is the subject of the |
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| 21 | 21 | | application will have a disproportionately adverse effect on the |
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| 22 | 22 | | health, property, or environment of a low-income population in the |
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| 23 | 23 | | vicinity of the facility as compared to the effects of those |
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| 24 | 24 | | emissions on other populations in the area. In making the |
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| 25 | 25 | | determination, the commission shall consider the facility's |
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| 26 | 26 | | individual effect and the overall cumulative effect of the facility |
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| 27 | 27 | | on a low-income population in conjunction with other proposed or |
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| 28 | 28 | | existing facilities in the area. |
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| 29 | 29 | | SECTION 2. Section 382.0595, Health and Safety Code, as |
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| 30 | 30 | | added by this Act, applies only to an application for a permit or |
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| 31 | 31 | | other authorization that is filed with the Texas Commission on |
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| 32 | 32 | | Environmental Quality on or after the effective date of this Act. |
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| 33 | 33 | | An application for a permit or other authorization filed before the |
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| 34 | 34 | | effective date of this Act is governed by the law in effect on the |
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| 35 | 35 | | date of the filing, and the former law is continued in effect for |
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| 36 | 36 | | that purpose. |
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| 37 | 37 | | SECTION 3. This Act takes effect September 1, 2025. |
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