By Holzheauser H.B. No. 2877
Substitute the following for H.B. No. 2877:
By Jackson C.S.H.B. No. 2877
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the renewal, amendment, or modification of certain
1-3 emissions permits.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (e), Section 382.055, Health and
1-6 Safety Code, is amended to read as follows:
1-7 (e) The board shall impose as a condition for renewal of a
1-8 preconstruction permit only those requirements the board determines
1-9 <determined> to be economically reasonable and technically
1-10 practicable considering the age of the facility and the effect of
1-11 its emissions on the surrounding area. The board may not impose
1-12 requirements more stringent than those of the existing permit
1-13 unless the board determines that the requirements are necessary to
1-14 avoid a condition of air pollution or to ensure compliance with
1-15 otherwise applicable federal or state air quality control
1-16 requirements. The board may not impose requirements less stringent
1-17 than those of the existing permit unless the board determines that
1-18 a proposed change will meet the requirements of Sections <Section>
1-19 382.0518 and 382.0541.
1-20 SECTION 2. Subsection (d), Section 382.056, Health and
1-21 Safety Code, is amended to read as follows:
1-22 (d) Except as provided by Section 382.0561, the board or its
1-23 delegate shall hold a public hearing on the permit application or
1-24 permit renewal <review> application before granting the permit or
2-1 renewal if a person who may be affected by the emissions, or a
2-2 member of the legislature from the general area in which the
2-3 facility or proposed facility is located, requests a hearing within
2-4 the period set by board rule. The board shall not <is not required
2-5 to> hold a hearing if the basis of a request by a person who may be
2-6 affected is determined to be unreasonable. Reasons for which a
2-7 request for a hearing on a permit amendment, modification, or
2-8 renewal shall be considered to be unreasonable include, but are not
2-9 limited to, an amendment, modification, or renewal that would not
2-10 result in an increase in allowable emissions and would not result
2-11 in the emission of an air contaminant not previously emitted.
2-12 SECTION 3. This Act takes effect September 1, 1995.
2-13 SECTION 4. The importance of this legislation and the
2-14 crowded condition of the calendars in both houses create an
2-15 emergency and an imperative public necessity that the
2-16 constitutional rule requiring bills to be read on three several
2-17 days in each house be suspended, and this rule is hereby suspended.