By:  Nixon, Sims                                      S.B. No. 1125
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the renewal, amendment, or modification of certain
    1-2  emissions permits.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subsection (e), Section  382.055, Health and
    1-5  Safety Code, is amended to read as follows:
    1-6        (e)  The commission <board> shall impose as a condition for
    1-7  renewal of a preconstruction permit only those requirements the
    1-8  commission determines <determined> to be economically reasonable
    1-9  and technically practicable considering the age of the facility and
   1-10  the effect of its emissions on the surrounding area.  The
   1-11  commission may not impose requirements more stringent than those of
   1-12  the existing permit unless the commission determines that the
   1-13  requirements are necessary to avoid a condition of air pollution or
   1-14  to ensure compliance with otherwise applicable federal or state air
   1-15  quality control requirements.  The commission <board> may not
   1-16  impose requirements less stringent than those of the existing
   1-17  permit unless the commission <board> determines that a proposed
   1-18  change will meet the requirements of Sections <Section> 382.0518
   1-19  and 382.0541.
   1-20        SECTION 2.  Section  382.056, Health and Safety Code, is
   1-21  amended by amending Subsection (d) and by adding Subsection (e) to
   1-22  read as follows:
   1-23        (d)  Except as provided by Section 382.0561 or Subsection
   1-24  (e), the commission <board> or its delegate shall hold a public
    2-1  hearing on the permit application or permit renewal <review>
    2-2  application before granting the permit or renewal if a person who
    2-3  may be affected by the emissions, or a member of the legislature
    2-4  from the general area in which the facility or proposed facility is
    2-5  located, requests a hearing within the period set by commission
    2-6  <board> rule.  The commission shall not <board is not required to>
    2-7  hold a hearing if the basis of a request by a person who may be
    2-8  affected is determined to be unreasonable.  Reasons for which a
    2-9  request for a hearing on a permit amendment, modification, or
   2-10  renewal shall be considered to be unreasonable include, but are not
   2-11  limited to, an amendment, modification, or renewal that would not
   2-12  result in an increase in allowable emissions and would not result
   2-13  in the emission of an air contaminant not previously emitted.
   2-14        (e)  Notwithstanding other provisions of this chapter, the
   2-15  commission shall hold a hearing on a permit amendment,
   2-16  modification, or renewal if the application involves a facility for
   2-17  which there are significant and unresolved compliance issues.  In
   2-18  such cases, the scope of the hearing shall be limited to the
   2-19  factual and legal matters which pertain to the unresolved
   2-20  compliance issues.
   2-21        SECTION 3.  This Act takes effect September 1, 1995.
   2-22        SECTION 4.  The importance of this legislation and the
   2-23  crowded condition of the calendars in both houses create an
   2-24  emergency and an imperative public necessity that the
   2-25  constitutional rule requiring bills to be read on three several
   2-26  days in each house be suspended, and this rule is hereby suspended.