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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance of a standard permit for the emission of |
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air contaminants from a facility providing material for a public |
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work project. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 382, Health and Safety |
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Code, is amended by adding Section 382.069 to read as follows: |
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Sec. 382.069. STANDARD PERMIT FOR CERTAIN PUBLIC WORK |
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PROJECTS. (a) In this section, "public work project" means a |
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project to construct, alter, or repair a civil engineering project, |
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including a road, street, bridge, underground utility, water supply |
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project, water plant, wastewater plant, or airport runway or |
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taxiway, under a contract entered into by a governmental entity |
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under Chapter 2269, Government Code. |
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(b) The commission shall issue a standard permit, if the |
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commission finds that the permit is enforceable, for a facility |
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that: |
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(1) is dedicated solely to the provision of material |
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for a public work project conducted under: |
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(A) a single contract; or |
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(B) one of multiple contracts for related project |
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segments by the same contractor; |
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(2) is not covered by an individual permit; |
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(3) is located in or contiguous to the right-of-way of |
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a public work project; |
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(4) can adequately monitor compliance with the terms |
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of the standard permit; and |
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(5) will use control technology at least as effective |
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as that described in Section 382.0518(b). |
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(c) The commission shall publish notice of a standard permit |
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proposed under this section in the Texas Register and in one or more |
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statewide or regional newspapers designated by the commission that |
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will, in the commission's judgment, provide reasonable notice |
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throughout the state. The notice must include an invitation for |
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written comments by the public to the commission regarding the |
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proposed standard permit and must be published not later than the |
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30th day before the date the commission issues the standard permit. |
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(d) The commission may hold a public meeting to provide an |
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additional opportunity for public comment. The commission shall |
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give notice of a public meeting under this subsection as part of the |
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notice described in Subsection (c) not later than the 30th day |
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before the date of the meeting. |
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(e) The commission by rule shall establish procedures for |
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the amendment of a standard permit and for the issuance and |
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revocation of an authorization to use a standard permit. The |
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procedures must: |
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(1) provide that an applicant may obtain an |
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authorization to use the standard permit issued under this section |
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for a facility by submitting to the commission a written notice of |
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intent to use the permit; |
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(2) specify the deadline for submitting and the |
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information required to be included in a notice of intent under |
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Subdivision (1); and |
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(3) authorize an applicant to specify a date or period |
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of time after the commission receives the notice of intent under |
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Subdivision (1) on which the emission of air contaminants from the |
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facility may begin unless the executive director notifies the |
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applicant that the facility is not authorized to use the standard |
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permit. |
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(f) A facility authorized to use a standard permit issued |
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under this section shall comply with an amendment to the standard |
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permit beginning on the date the facility's authorization to use |
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the permit is renewed or the date the commission otherwise |
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provides. Before the date the facility is required to comply with |
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the amendment, the standard permit, as it read before the |
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amendment, applies to the facility. |
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(g) A standard permit issued under this section must: |
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(1) provide that an operator of a facility authorized |
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to use the standard permit may use the standard permit for the |
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duration of the public work project, unless the executive director |
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notifies the operator that the facility is not authorized to use the |
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standard permit; |
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(2) require an authorization to use a standard permit |
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issued under this section to terminate on the date the public work |
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project is completed; |
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(3) require an operator of a facility authorized to |
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use a standard permit issued under this section to notify the |
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commission of the operator's intent to cease operations by |
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submitting a written notice of termination to the commission; and |
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(4) specify the deadline for submitting and the |
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information to be included in a notice of termination under |
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Subdivision (3). |
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(h) Sections 382.0516 and 382.056 do not apply to an |
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application for an authorization to use a standard permit issued |
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under this section. |
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(i) The issuance or amendment of a standard permit or the |
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issuance, renewal, or revocation of an authorization to use a |
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standard permit is not subject to Chapter 2001, Government Code. |
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SECTION 2. This Act takes effect September 1, 2023. |