By: Barrientos S.B. No. 1560
A BILL TO BE ENTITLED
AN ACT
1-1 relating to clean air act operating permit fees.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Sections 382.0681(d) and (e) are amended as
1-4 follows by striking the following language: <(d) the board may
1-5 not impose a fee for any amount of an air contaminant regulated
1-6 under the federal Clean Air Act Amendments of 1990 (Pub. 1. no 101
1-7 549) in excess of 4,000 tons per year from any source;> and
1-8 replacing it with the following:
1-9 Any affected person may petition the Commission to increase the fee
1-10 to if they believe that the fees are insufficient to provide for
1-11 permitting, monitoring, inventory and enforcement actions necessary
1-12 to investigate complaints and protect the public health. The
1-13 Commission shall hold a hearing within 90 days and shall increase
1-14 the fee if it has been demonstrated by the petitioner that requests
1-15 for monitoring or enforcement have not met due to insufficient
1-16 funds.
1-17 section (e) is replaced with the following language and existing
1-18 section (e) is renumbered (e) The board shall assure that the fees
1-19 paid by all sources are equitable and those paid by the smallest
1-20 sources per ton do not exceed the fee paid by the largest sources.
1-21 SECTION (2).
1-22 Section 382.0622(b) is amended as follows:
1-23 (b) Clean Air Act fees shall be deposited in the state treasury to
2-1 the credit of the clean air act fund and shall be used to safeguard
2-2 the air resources of the state. <All unexpended and unobligated
2-3 money remaining in the fund on the last day of each fiscal biennium
2-4 shall be transferred to the credit of the general revenue fund>
2-5 SECTION 3: The importance of this legislation and the
2-6 crowded condition of the calendars in both houses create an
2-7 emergency and an imperative public necessity that the
2-8 constitutional rule requiring bills to be read on three several
2-9 days in each house be suspended, and this rule is hereby suspended,
2-10 and this Act take effect and be in force from and after its
2-11 passage, and it is so enacted.