By Chisum H.B. No. 3022
77R7720 JAT-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to public notice and hearing requirements for a permit for
1-3 multiple plants under the Clean Air Act.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 382.05194(d)-(i), Health and Safety Code,
1-6 are amended to read as follows:
1-7 (d) [The commission shall publish notice of a proposed
1-8 multiple plant permit for existing facilities in the Texas Register
1-9 and in one or more statewide or regional newspapers designated by
1-10 the commission by rule that will, in the commission's judgment,
1-11 provide reasonable notice throughout the state. If the multiple
1-12 plant permit for existing facilities will be effective for only
1-13 part of the state, the notice shall be published in a newspaper of
1-14 general circulation in the area to be affected. The commission by
1-15 rule may require additional notice to be given. The notice must
1-16 include an invitation for written comments by the public to the
1-17 commission regarding the proposed multiple plant permit and must be
1-18 published not later than the 30th day before the date the
1-19 commission issues the multiple plant permit.]
1-20 [(e) For existing facilities, the commission shall hold a
1-21 public meeting to provide an additional opportunity for public
1-22 comment. The commission shall give notice of a public meeting under
1-23 this subsection as part of the notice described in Subsection (d)
1-24 not later than the 30th day before the date of the meeting.]
2-1 [(f) If the commission receives public comment related to
2-2 the issuance of a multiple plant permit for existing facilities,
2-3 the commission shall issue a written response to the comments at
2-4 the same time the commission issues or denies the permit. The
2-5 response must be made available to the public, and the commission
2-6 shall mail the response to each person who made a comment.]
2-7 [(g)] The commission by rule shall establish the procedures
2-8 for application and approval for the use of a multiple plant
2-9 permit.
2-10 (e) [(h)] For a multiple plant permit that applies only to
2-11 existing facilities for which an application is filed before
2-12 September 1, 2001, the issuance, amendment, or revocation by the
2-13 commission of the permit is not subject to Chapter 2001, Government
2-14 Code.
2-15 (f) [(i)] The commission may adopt rules as necessary to
2-16 implement and administer this section and may delegate to the
2-17 executive director under Section 382.061 the authority to issue,
2-18 amend, or revoke a multiple plant permit.
2-19 SECTION 2. Subchapter C, Chapter 382, Health and Safety Code,
2-20 is amended by adding Section 382.051941 to read as follows:
2-21 Sec. 382.051941. MULTIPLE PLANT PERMIT: NOTICE AND HEARING.
2-22 (a) Except as provided by Subsections (b) and (c), an applicant
2-23 for a permit under Section 382.05194 shall publish notice of intent
2-24 to obtain a permit according to the procedure established by
2-25 Section 382.056 for notice by an applicant for a preconstruction
2-26 permit. The commission by rule may require additional notice to be
2-27 given.
3-1 (b) An applicant for a multiple plant permit for existing
3-2 facilities shall publish notice in one or more statewide or
3-3 regional newspapers that provide reasonable notice throughout the
3-4 state. If the multiple plant permit for existing facilities will be
3-5 effective for only part of the state, the notice shall be published
3-6 in a newspaper of general circulation in the area to be affected.
3-7 (c) The commission may authorize an applicant for a permit
3-8 for an existing facility that constitutes all or part of a small
3-9 business stationary source, as that term is defined by Section
3-10 382.0365, to provide notice by an alternative method if the
3-11 commission finds that the proposed method will be as effective or
3-12 more effective in communicating with the public. In making a
3-13 determination under this subsection, the commission shall consider:
3-14 (1) the effectiveness of the publication in reaching
3-15 persons affected by the issuance of the permit;
3-16 (2) the cost of providing notice by the alternative
3-17 method; and
3-18 (3) whether using the method will comply with federal
3-19 requirements.
3-20 (d) The commission shall provide an opportunity for a public
3-21 hearing and the submission of public comment and shall send notice
3-22 of a decision on an application for a permit under this section
3-23 according to the procedures established by Sections 382.0561 and
3-24 382.0562 for a public hearing, public comment, and notice of
3-25 decision on an application for a federal operating permit.
3-26 (e) A person affected by a decision of the commission to
3-27 issue or deny a permit under this section may move for a hearing
4-1 and is entitled to judicial review under Section 382.032.
4-2 SECTION 3. The change in law made by this Act to Section
4-3 382.05194, Health and Safety Code, applies only to an application
4-4 for a multiple plant permit received by the Texas Natural Resource
4-5 Conservation Commission on or after the effective date of this Act.
4-6 An application received by the commission before the effective date
4-7 of this Act is covered by the law in effect on the date the
4-8 application is received, and the former law is continued in effect
4-9 for that purpose.
4-10 SECTION 4. This Act takes effect immediately if it receives
4-11 a vote of two-thirds of all the members elected to each house, as
4-12 provided by Section 39, Article III, Texas Constitution. If this
4-13 Act does not receive the vote necessary for immediate effect, this
4-14 Act takes effect September 1, 2001.