74R10893 MI-F By Hilbert H.B. No. 2441 Substitute the following for H.B. No. 2441: By Kuempel C.S.H.B. No. 2441 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the amendment, extension, or renewal of a permit for a 1-3 solid waste facility. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 361.088, Health and Safety Code, is 1-6 amended by adding Subsections (e)-(g) to read as follows: 1-7 (e) If a person affected by an application for amendment, 1-8 extension, or renewal of a permit is granted a hearing or the 1-9 commission requests a hearing on the commission's own motion, the 1-10 scope of the hearing shall be limited to: 1-11 (1) the applicant's compliance record during the 1-12 current term of the permit; 1-13 (2) whether the applicant is indebted to the state for 1-14 a fee, tax, fine, or assessment; 1-15 (3) whether the applicant knowingly made a false or 1-16 misleading statement in connection with an original or renewal 1-17 application; and 1-18 (4) whether the applicant has demonstrated compliance 1-19 with regulatory requirements applicable to the new or expanded 1-20 operations addressed in the application. 1-21 (f) Before an application to amend, extend, or renew a 1-22 permit may be denied, in whole or part, the commission must find, 1-23 after an opportunity for a hearing, that: 1-24 (1) a significant violation exists and the permit 2-1 applicant has not made a substantial attempt to correct the 2-2 violation; 2-3 (2) the applicant is indebted to the state for a fee, 2-4 tax, fine, or assessment imposed under this title or under a rule 2-5 of the commission; 2-6 (3) the applicant knowingly made a false or misleading 2-7 statement in connection with an original or renewal application; or 2-8 (4) the applicant is unable to demonstrate compliance 2-9 with regulatory requirements applicable to the new or expanded 2-10 operation addressed in the application. 2-11 (g) The commission may not conduct a hearing on the 2-12 amendment of a permit unless the application, on its face, proposes 2-13 a major or substantive modification of the permitted facility's 2-14 design, operations, or procedures that invokes significant 2-15 regulatory review or the rights of a person affected by the 2-16 proposed amendment. 2-17 SECTION 2. Subchapter C, Chapter 361, Health and Safety 2-18 Code, is amended by adding Section 361.070 to read as follows: 2-19 Sec. 361.070. SOLE PERMIT HEARING. (a) If applications for 2-20 all required permits are simultaneously filed by a facility 2-21 required to have more than one permit issued by the commission, the 2-22 commission shall hold one consolidated application review and 2-23 permit hearing on all the required permits. 2-24 (b) Unless required under the federal Clean Air Act, a 2-25 municipal solid waste facility permitted under this chapter is not 2-26 required to obtain a separate air quality permit. 2-27 SECTION 3. This Act takes effect September 1, 1995, and 3-1 applies only to an application to amend, extend, or renew a permit 3-2 filed on or after that date. An application to amend, extend, or 3-3 renew a permit that is filed before the effective date of this Act 3-4 is governed by the law in effect on the date the application was 3-5 filed, and the former law is continued in effect for that purpose. 3-6 SECTION 4. The importance of this legislation and the 3-7 crowded condition of the calendars in both houses create an 3-8 emergency and an imperative public necessity that the 3-9 constitutional rule requiring bills to be read on three several 3-10 days in each house be suspended, and this rule is hereby suspended.