1-1 By: Allen (Senate Sponsor - Brown) H.B. No. 3019
1-2 (In the Senate - Received from the House May 16, 1997;
1-3 May 16, 1997, read first time and referred to Committee on Natural
1-4 Resources; May 18, 1997, reported favorably by the following vote:
1-5 Yeas 9, Nays 1; May 18, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to permit exemptions under the Texas Clean Air Act for
1-9 construction or modification of certain facilities.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 382.057, Health and Safety Code, is
1-12 amended to read as follows:
1-13 Sec. 382.057. EXEMPTION. (a) If it is found on
1-14 investigation that such changes or types of facilities will not
1-15 make a significant contribution of air contaminants to the
1-16 atmosphere and consistent [
Consistent] with Section 382.0511, the
1-17 commission by rule may exempt from the requirements of Section
1-19 (1) changes within a permitted facility;
1-20 (2) changes to another facility requested under or
1-21 authorized by commission rule before September 1, 1999; and
1-22 (3) certain types of facilities [ if it is found on
1-23 investigation that such changes or types of facilities will not
1-24 make a significant contribution of air contaminants to the
1-26 (b) The commission by rule shall exempt from the
1-27 requirements of Section 382.0518 or issue a standard permit for the
1-28 installation of emission control equipment that constitutes a
1-29 modification or a new facility, subject to such conditions
1-30 restricting the applicability of such exemption or standard permit
1-31 that the commission deems necessary to accomplish the intent of
1-32 this chapter.
1-33 (c) The commission may not exempt any facility or any
1-34 modification of an existing facility defined as "major" under the
1-35 federal Clean Air Act or regulations adopted under that Act.
1-36 (d) Nothing in this section [ subsection] shall be construed
1-37 to limit the commission's general power to control the state's air
1-38 quality under Section 382.011(a).
1-39 (e) [ (b)] The commission shall adopt rules specifically
1-40 defining the terms and conditions for an exemption under this
1-41 section in a nonattainment area as defined by Title I of the
1-42 federal Clean Air Act (42 U.S.C. Section 7401 et seq.).
1-43 SECTION 2. This Act takes effect September 1, 1997.
1-44 SECTION 3. The importance of this legislation and the
1-45 crowded condition of the calendars in both houses create an
1-46 emergency and an imperative public necessity that the
1-47 constitutional rule requiring bills to be read on three several
1-48 days in each house be suspended, and this rule is hereby suspended.
1-49 * * * * *