87R3658 SLB-F

By: Morales Shaw H.B. No. 2370

A BILL TO BE ENTITLED

AN ACT

relating to procedures for certain permit applications submitted to the Texas Commission on Environmental Quality.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 2003.047, Government Code, is amended by adding Subsection (d-1) and amending Subsection (e-2) to read as follows:

(d-1) An applicant whose application has been referred for a contested case hearing to be held in accordance with this section may not request changes to the application after the 31st day before the date scheduled for the preliminary hearing on the application. If an applicant chooses to not proceed with the preliminary hearing on the application on or before the 31st day before the date scheduled for the preliminary hearing, the applicant must withdraw the application with or without prejudice in accordance with commission rule. If an applicant who has withdrawn an application without prejudice subsequently resubmits a revised application, the applicant must comply with applicable notice and other requirements in effect on the date the revised application is submitted to the commission. This subsection does not apply to a change made to an application for which:

(1) a preliminary hearing has been held and parties to the hearing have been named;

(2) all parties to the hearing have agreed in writing to the proposed changes; and

(3) the applicant has complied with applicable notice requirements.

(e-2) For a matter referred under Section 5.556 or 5.557, Water Code, the administrative law judge must complete the proceeding and provide a proposal for decision to the commission not later than the earlier of:

(1) the 270th [180th] day after the date of the preliminary hearing; or

(2) the date specified by the commission.

SECTION 2. Section 382.058(c), Health and Safety Code, is amended to read as follows:

(c) For purposes of this section, only a representative of a school, place of worship, licensed day-care center, hospital, or medical facility or a person [those persons actually] residing [in a permanent residence] within 440 yards of the proposed plant may request a hearing under Section 382.056 as a person who may be affected. The commission shall adopt rules establishing who qualifies as a representative of a school, place of worship, licensed day-care center, hospital, or medical facility under this section.

SECTION 3. Section 5.115(a-1), Water Code, is amended to read as follows:

(a-1) The commission shall adopt rules specifying factors which must be considered in determining whether a person is an affected person in any contested case arising under the air, waste, or water programs within the commission's jurisdiction and whether an affected association is entitled to standing in contested case hearings. For a matter referred under Section 5.556, the commission:

(1) may consider:

(A) [the merits of the underlying application, including whether the application meets the requirements for permit issuance;

[(B)] the likely impact of regulated activity on the health, safety, and use of the property of the hearing requestor;

(B) [(C)] the administrative record, including the permit application and any supporting documentation;

(C) [(D)] the analysis and opinions of the executive director; and

(D) [(E)] any other expert reports, affidavits, opinions, or data submitted on or before any applicable deadline to the commission by the executive director, the applicant, or a hearing requestor; and

(2) may not find that:

(A) a group or association is an affected person unless the group or association identifies, by name and physical address in a timely request for a contested case hearing, a member of the group or association who would be an affected person in the person's own right; or

(B) a hearing requestor is an affected person unless the hearing requestor timely submitted comments on the permit application.

SECTION 4. Section 5.552, Water Code, is amended by amending Subsection (b) and adding Subsection (b-1) to read as follows:

(b) Not later than the 30th day after the date the executive director determines the application to be administratively complete:

(1) the applicant shall publish notice of intent to obtain a permit at least once in the newspaper of largest circulation in the county in which the facility to which the application relates is located or proposed to be located or, if the facility to which the application relates is located or proposed to be located in a municipality, at least once in a newspaper of general circulation in the municipality; [and]

(2) the chief clerk of the commission shall mail notice of intent to obtain a permit to:

(A) the state senator and representative who represent the general area in which the facility is located or proposed to be located;

(B) the mayor and health authorities of the municipality in which the facility is located or proposed to be located;

(C) the county judge and health authorities of the county in which the facility is located or proposed to be located; and

(D) the river authority in which the facility is located or proposed to be located if the application is under Chapter 26, Water Code; and

(3) the commission shall post a copy of the application on a publicly accessible Internet website.

(b-1) The commission shall post a copy of the application as provided by Subsection (b)(3) on the same day that the chief clerk of the commission mails the notice as provided by Subsection (b)(2). The commission:

(1) shall:

(A) post any subsequent revision or supplement to the application as the revision or supplement becomes available; and

(B) maintain the posting until the commission takes final action on the application; and

(2) may not penalize the applicant in the application process if the commission fails to post or maintain the posting of the application materials.

SECTION 5. The following provisions are repealed:

(1) Sections 2003.047(i-1), (i-2), and (i-3), Government Code; and

(2) Section 382.0291(d), Health and Safety Code.

SECTION 6. The changes in law made by this Act apply only to an application submitted to the Texas Commission on Environmental Quality on or after the effective date of this Act. An application submitted to the Texas Commission on Environmental Quality before the effective date of this Act is governed by the law in effect at the time the application was filed, and the former law is continued in effect for that purpose.

SECTION 7. This Act takes effect September 1, 2021.