| 1 | 1 | | By: Menéndez S.B. No. 3022 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | A BILL TO BE ENTITLED |
|---|
| 7 | 7 | | AN ACT |
|---|
| 8 | 8 | | relating to the denial by the Texas Commission on Environmental |
|---|
| 9 | 9 | | Quality of a renewal permit. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Subchapter M-1, 5, Water Code is amended by |
|---|
| 12 | 12 | | adding section 5.588 to read as follows: |
|---|
| 13 | 13 | | (Section 5.588.) The commission may deny a renewal permit if |
|---|
| 14 | 14 | | it is found, after notice and hearing, that the permit holder has a |
|---|
| 15 | 15 | | history of enforcement actions having been taken against the permit |
|---|
| 16 | 16 | | holder in connection with the permitted facility or other |
|---|
| 17 | 17 | | facilities for which the permit holder holds a permit by a political |
|---|
| 18 | 18 | | subdivision for the violation of environmental or health and safety |
|---|
| 19 | 19 | | regulations of the political subdivision. |
|---|
| 20 | 20 | | Section 2. Sec 361.089(f) Health and Safety Code is amended |
|---|
| 21 | 21 | | to read as follows: |
|---|
| 22 | 22 | | (f) Before denying a permit under this section, the |
|---|
| 23 | 23 | | commission must find: |
|---|
| 24 | 24 | | (1) that the applicant or permit holder has a |
|---|
| 25 | 25 | | compliance history that is classified as unsatisfactory according |
|---|
| 26 | 26 | | to commission standards under Sections 5.753 and 5.754, Water Code, |
|---|
| 27 | 27 | | and rules adopted and procedures developed under those sections; |
|---|
| 28 | 28 | | [or] |
|---|
| 29 | 29 | | (2) that the permit holder or applicant is indebted to |
|---|
| 30 | 30 | | the state for fees, payment of penalties, or taxes imposed by this |
|---|
| 31 | 31 | | title or by a rule of the commission; or |
|---|
| 32 | 32 | | (3) for a denial made under Subsection (M-1), that the |
|---|
| 33 | 33 | | permit holder has a history of enforcement actions having been |
|---|
| 34 | 34 | | taken against the permit holder in connection with the permitted |
|---|
| 35 | 35 | | facility or other facilities for which the permit holder holds a |
|---|
| 36 | 36 | | permit by a political subdivision for the violation of |
|---|
| 37 | 37 | | environmental or health and safety regulations of the political |
|---|
| 38 | 38 | | subdivision. |
|---|
| 39 | 39 | | SECTION 3. This Act, applies only to an application for the |
|---|
| 40 | 40 | | renewal of a permit that is filed with the Texas Commission on |
|---|
| 41 | 41 | | Environmental Quality on or after the effective date of this Act. |
|---|
| 42 | 42 | | An application for the renewal of a permit that is filed before the |
|---|
| 43 | 43 | | effective date of this Act is governed by the law in effect on the |
|---|
| 44 | 44 | | date of filing, and that law is continued in effect for that |
|---|
| 45 | 45 | | purpose. |
|---|
| 46 | 46 | | SECTION 4. This Act takes effect September 1, 2025. |
|---|