By Nixon, Sims                                        S.B. No. 1125
       74R5962 JJT-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to hearings on the renewal, amendment, or modification of
    1-3  certain emissions permits.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section  382.055(e), Health and Safety Code, is
    1-6  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 necessary to avoid a condition of air pollution
   1-10  or to ensure compliance with otherwise applicable federal or state
   1-11  air quality control requirements.  The requirements imposed must be
   1-12  economically reasonable and technically practicable considering the
   1-13  age of the facility and the effect of its emissions on the
   1-14  surrounding area.  The board may not impose requirements less
   1-15  stringent than those of the existing permit unless the board
   1-16  determines that a proposed change will meet the requirements of
   1-17  Sections <Section> 382.0518 and 382.0541.
   1-18        SECTION 2.  Section  382.056(d), Health and Safety Code, is
   1-19  amended to read as follows:
   1-20        (d)  Except as provided by Section 382.0561, the board or its
   1-21  delegate shall hold a public hearing on the permit application or
   1-22  permit review application before granting the permit or renewal if
   1-23  a person who may be affected by the emissions, or a member of the
   1-24  legislature from the general area in which the facility or proposed
    2-1  facility is located, requests a hearing within the period set by
    2-2  board rule.  The board may <is> not <required to> hold a hearing if
    2-3  the basis of a request by a person who may be affected is
    2-4  determined to be unreasonable.  A request for a hearing on a permit
    2-5  amendment, modification, or renewal is unreasonable if the
    2-6  amendment, modification, or renewal would not result in:
    2-7              (1)  an increase in allowable emissions; or
    2-8              (2)  the emission of an air pollutant not previously
    2-9  emitted.
   2-10        SECTION 3.  This Act takes effect September 1, 1995.
   2-11        SECTION 4.  The importance of this legislation and the
   2-12  crowded condition of the calendars in both houses create an
   2-13  emergency and an imperative public necessity that the
   2-14  constitutional rule requiring bills to be read on three several
   2-15  days in each house be suspended, and this rule is hereby suspended.