BILL ANALYSIS

Senate Research Center	S.B. 179
88R885 JAM-D	By: Miles
	Natural Resources & Economic Development
	4/24/2023
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

S.B. 179 would require the Texas Commission on Environmental Quality (TCEQ) to consider the cumulative air effects of the proposed facility and neighboring facilities when evaluating an initial preconstruction permit or preconstruction permit renewal. Specifically, TCEQ would consider the cumulative effects of air contaminants on the public's health and property from the proposed facility and all facilities within three miles. S.B. 179 ensures that communities are protected from the cumulative emissions of several facilities. 

If TCEQ finds that the cumulative effects of the proposed and neighboring facilities contravene the intent of Chapter 382 to safeguard the state's air resources from pollution by controlling or abating air pollution and emissions of air contaminants, TCEQ may not grant the permit or the permit renewal. 

As proposed, S.B. 179 amends current law relating to the consideration of the cumulative effects of air contaminant emissions in the emissions permitting process.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 382.0518, Health and Safety Code, by adding Subsection (b-1), as follows:

(b-1) Requires the Texas Commission on Environmental Quality (TCEQ), in making its finding under Subsection (b)(2) as to whether emissions from the facility will contravene the intent of Chapter 382 (Clean Air Act), to consider the cumulative effects on the public's health and physical property of expected air contaminant emissions from the facility or proposed facility and from other facilities located less than three miles from the facility or proposed facility.

SECTION 2. Amends Section 382.055(d), Health and Safety Code, as follows:

(d) Requires TCEQ, in determining whether and under which conditions a preconstruction permit should be renewed, to consider at a minimum:

(1)-(2) makes nonsubstantive changes to these subdivisions; and

(3)  the cumulative effects on the public's health and physical property of expected air contaminant emissions from the facility and from other facilities located less than three miles from the facility.

SECTION 3. Makes application of this Act prospective.

SECTION 4. Effective date: September 1, 2023.