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.
1-60 * * * * *