By West                                               S.B. No. 1456
         76R6797 MI-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to permits under the Texas Clean Air Act for certain
 1-3     exempt facilities.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 382.0518, Health and Safety Code, is
 1-6     amended by amending Subsection (g), adding a new Subsection (h),
 1-7     and relettering existing Subsection (h) as Subsection (i) to read
 1-8     as follows:
 1-9           (g)  Subsections (a)-(d) do not apply to a person who has
1-10     executed a contract or has begun construction for an addition,
1-11     alteration, or modification to a new or an existing facility on or
1-12     before August 30, 1971, and who has complied with the requirements
1-13     of Section 382.060, as it existed on November 30, 1991.  To qualify
1-14     for any exemption under this subsection, a contract may not have a
1-15     beginning construction date later than February 29, 1972.
1-16     Beginning January 1, 2003, this subsection does not apply to a
1-17     facility located within two miles of a school.
1-18           (h)  An exemption provided by Subsection (g) terminates
1-19     January 1, 2003, for a facility operating under the exemption that
1-20     is located within two miles of a school.  The commission by rule
1-21     shall require the owners of each facility operating under the
1-22     exemption and located within two miles of a school to provide the
1-23     commission with a plan to reduce the emissions of air contaminants
1-24     from the facility by incorporating the best available control
 2-1     technology into the facility.  The commission shall adopt the rules
 2-2     not later than January 1, 2000.  The plan must provide for
 2-3     incorporation of the emissions control technology into the facility
 2-4     not later than January 1, 2003.  The owners shall deliver the plan
 2-5     not later than January 1, 2001.  The commission shall establish
 2-6     criteria for evaluating the plans and may reject a plan that does
 2-7     not conform to the criteria.  The owners of a facility for which a
 2-8     plan is rejected shall revise the plan to conform to the criteria
 2-9     and deliver the revisions to the commission not later than the
2-10     120th day after the date the plan is rejected.  The commission may
2-11     impose, as provided by Subchapter C, Chapter 7, Water Code, an
2-12     administrative penalty on an owner who fails to deliver a plan or
2-13     revision as provided by this subsection in an amount not to exceed
2-14     $2,500 for each day.  The commission by rule shall require each
2-15     facility located within two miles of a school that is operating
2-16     under the exemption under Subsection (g) to cease, not later than
2-17     January 1, 2003, all emissions of air contaminants except as
2-18     authorized by a permit the commission has issued for the facility
2-19     under this chapter.  This subsection expires January 1, 2003.
2-20           (i) [(h)]  A reference to a permit in this section includes
2-21     an amendment to a permit.
2-22           SECTION 2.  The importance of this legislation and the
2-23     crowded condition of the calendars in both houses create an
2-24     emergency and an imperative public necessity that the
2-25     constitutional rule requiring bills to be read on three several
2-26     days in each house be suspended, and this rule is hereby suspended,
2-27     and that this Act take effect and be in force from and after its
 3-1     passage, and it is so enacted.