1-1  By:  Nixon, Sims                                      S.B. No. 1125
    1-2        (In the Senate - Filed March 9, 1995; March 15, 1995, read
    1-3  first time and referred to Committee on Natural Resources;
    1-4  April 10, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 8, Nays 2; April 10, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 1125                   By:  Nixon
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the renewal, amendment, or modification of certain
   1-11  emissions permits.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Subsection (e), Section  382.055, Health and
   1-14  Safety Code, is amended to read as follows:
   1-15        (e)  The commission <board> shall impose as a condition for
   1-16  renewal of a preconstruction permit only those requirements the
   1-17  commission determines <determined> to be economically reasonable
   1-18  and technically practicable considering the age of the facility and
   1-19  the effect of its emissions on the surrounding area.  The
   1-20  commission may not impose requirements more stringent than those of
   1-21  the existing permit unless the commission determines that the
   1-22  requirements are necessary to avoid a condition of air pollution or
   1-23  to ensure compliance with otherwise applicable federal or state air
   1-24  quality control requirements.  The commission <board> may not
   1-25  impose requirements less stringent than those of the existing
   1-26  permit unless the commission <board> determines that a proposed
   1-27  change will meet the requirements of Sections <Section> 382.0518
   1-28  and 382.0541.
   1-29        SECTION 2.  Section  382.056, Health and Safety Code, is
   1-30  amended by amending Subsection (d) and by adding Subsection (e) to
   1-31  read as follows:
   1-32        (d)  Except as provided by Section 382.0561 or Subsection
   1-33  (e), the commission <board> or its delegate shall hold a public
   1-34  hearing on the permit application or permit renewal <review>
   1-35  application before granting the permit or renewal if a person who
   1-36  may be affected by the emissions, or a member of the legislature
   1-37  from the general area in which the facility or proposed facility is
   1-38  located, requests a hearing within the period set by commission
   1-39  <board> rule.  The commission shall not <board is not required to>
   1-40  hold a hearing if the basis of a request by a person who may be
   1-41  affected is determined to be unreasonable.  Reasons for which a
   1-42  request for a hearing on a permit amendment, modification, or
   1-43  renewal shall be considered to be unreasonable include, but are not
   1-44  limited to, an amendment, modification, or renewal that would not
   1-45  result in an increase in allowable emissions and would not result
   1-46  in the emission of an air contaminant not previously emitted.
   1-47        (e)  Notwithstanding other provisions of this chapter, the
   1-48  commission shall hold a hearing on a permit amendment,
   1-49  modification, or renewal if the application involves a facility for
   1-50  which there are significant and unresolved compliance issues.  In
   1-51  such cases, the scope of the hearing shall be limited to the
   1-52  factual and legal matters which pertain to the unresolved
   1-53  compliance issues.
   1-54        SECTION 3.  This Act takes effect September 1, 1995.
   1-55        SECTION 4.  The importance of this legislation and the
   1-56  crowded condition of the calendars in both houses create an
   1-57  emergency and an imperative public necessity that the
   1-58  constitutional rule requiring bills to be read on three several
   1-59  days in each house be suspended, and this rule is hereby suspended.
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