Enrolled Bill Summary

            Senate Bill 688 amends the Texas Clean Air Act to transfer the responsibility for publishing notice of a proposed multiple plant permit for existing facilities from the Texas Natural Resource Conservation Commission to the applicant for the permit. The bill specifies the means for publishing the notice and provides that the commission may authorize the applicant in some instances to use an alternative means if the commission finds that the alternative will provide equal or better notice to the public. The commission is required to provide an opportunity for a public hearing and to send notice of the decision on the issuance of a multiple plant permit in a manner that complies with the procedure for the issuance of federal operating permits. A person affected by the decision of the commission to issue or deny a multiple plant permit may petition for a rehearing and is entitled to judicial review.

            The bill also amends Water Code provisions relating to commission action on an application for a permit to discharge wastes or pollutants into or near water, a permit for an injection well, or a solid waste disposal permit. The bill requires the commission, at the request of either the applicant or the executive director, to refer the application directly to the State Office of Administrative Hearings for a contested case hearing immediately after the executive director of the commission issues a preliminary decision on the application, and it exempts such hearings from certain requirements normally applicable to public hearings regarding opportunities for and response to public comments and the normal procedure for requesting a contested case hearing.