By: Barrientos S.B. No. 316
73R2246 JJT-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to notice requirements for hearings related to certain
1-3 permits for air contaminant sources.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 382.056, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 382.056. Notice of Intent to Obtain Permit or Permit
1-8 Review; Hearing. (a) An applicant for a permit under Section
1-9 382.0518 or 382.054 or a permit renewal review under Section
1-10 382.055 shall publish notice of intent to obtain the permit or
1-11 permit review.
1-12 (b) The applicant shall publish the notice at least once in
1-13 a newspaper of general circulation in the municipality in which the
1-14 facility is located or is proposed to be located or in the
1-15 municipality nearest to the location or proposed location of the
1-16 facility. The applicant shall also publish the notice at least
1-17 once in a publication that is circulated in the area in which the
1-18 facility is located or is proposed to be located and that is
1-19 published in the primary language of any population group that:
1-20 (1) speaks primarily a language other than English;
1-21 and
1-22 (2) constitutes five percent or more of the population
1-23 that resides one mile or less from the facility or proposed
1-24 facility.
2-1 (c) The board by rule shall prescribe when notice must be
2-2 published and may require publication of additional notice.
2-3 (d) <(b)> The notice must include:
2-4 (1) a description of the location or proposed location
2-5 of the facility;
2-6 (2) a statement that a person who may be affected by
2-7 emissions of air contaminants from the facility or proposed
2-8 facility is entitled to request a hearing from the board;
2-9 (3) a description of the manner in which the board may
2-10 be contacted for further information; and
2-11 (4) any other information the board by rule requires.
2-12 (e) <(c)> At the site of a facility or proposed facility for
2-13 which a permit application or permit review application is
2-14 submitted, the applicant shall place a sign declaring the filing of
2-15 an application for a permit or permit review for a facility at the
2-16 site and stating the manner in which the board may be contacted for
2-17 further information. The board shall adopt any rule necessary to
2-18 carry out this subsection.
2-19 (f) <(d)> Except as provided by Section 382.0561, the board
2-20 or its delegate shall hold a public hearing on the permit
2-21 application or permit review application before granting the permit
2-22 or renewal if a person who may be affected by the emissions, or a
2-23 member of the legislature from the general area in which the
2-24 facility or proposed facility is located, requests a hearing within
2-25 the period set by board rule. The board is not required to hold a
2-26 hearing if the basis of a request by a person who may be affected
2-27 is determined to be unreasonable.
3-1 SECTION 2. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended,
3-6 and that this Act take effect and be in force from and after its
3-7 passage, and it is so enacted.