75R12100 JJT-D
By Allen H.B. No. 3019
Substitute the following for H.B. No. 3019:
By Howard C.S.H.B. No. 3019
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to permit exemptions under the Texas Clean Air Act for
1-3 construction or modification of certain facilities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 382.057, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 382.057. EXEMPTION. (a) If it is found on
1-8 investigation that such changes or types of facilities will not
1-9 make a significant contribution of air contaminants to the
1-10 atmosphere and consistent [Consistent] with Section 382.0511, the
1-11 commission by rule may exempt from the requirements of Section
1-12 382.0518:
1-13 (1) changes within a permitted facility;
1-14 (2) changes to another facility requested under or
1-15 authorized by commission rule before September 1, 1999; and
1-16 (3) certain types of facilities [if it is found on
1-17 investigation that such changes or types of facilities will not
1-18 make a significant contribution of air contaminants to the
1-19 atmosphere].
1-20 (b) The commission by rule shall exempt from the
1-21 requirements of Section 382.0518 or issue a standard permit for the
1-22 installation of emission control equipment that constitutes a
1-23 modification or a new facility, subject to such conditions
1-24 restricting the applicability of such exemption or standard permit
2-1 that the commission deems necessary to accomplish the intent of
2-2 this chapter.
2-3 (c) The commission may not exempt any facility or any
2-4 modification of an existing facility defined as "major" under the
2-5 federal Clean Air Act or regulations adopted under that Act.
2-6 (d) Nothing in this section [subsection] shall be construed
2-7 to limit the commission's general power to control the state's air
2-8 quality under Section 382.011(a).
2-9 (e) [(b)] The commission shall adopt rules specifically
2-10 defining the terms and conditions for an exemption under this
2-11 section in a nonattainment area as defined by Title I of the
2-12 federal Clean Air Act (42 U.S.C. Section 7401 et seq.).
2-13 SECTION 2. This Act takes effect September 1, 1997.
2-14 SECTION 3. The importance of this legislation and the
2-15 crowded condition of the calendars in both houses create an
2-16 emergency and an imperative public necessity that the
2-17 constitutional rule requiring bills to be read on three several
2-18 days in each house be suspended, and this rule is hereby suspended.