By Geren                                              H.B. No. 3040
         77R7715 JJT-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to air pollutant emissions permitting requirements for
 1-3     shipyard facilities.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subchapter C, Chapter 382, Health and Safety Code,
 1-6     is amended by adding Section 382.065 to read as follows:
 1-7           Sec. 382.065.  SHIPYARD FACILITIES. (a)  In this section,
 1-8     "shipyard" means a shipyard or shipyard repair facility located
 1-9     over or adjacent to waters of this state.
1-10           (b)  In determining whether to issue, or in conducting a
1-11     review of, a permit or other authorization issued or adopted under
1-12     this chapter for a shipyard, the commission:
1-13                 (1)  may not require and may not consider air
1-14     dispersion modeling results predicting ambient concentrations of
1-15     noncriteria pollutants over waters of the state; and
1-16                 (2)  shall determine compliance with noncriteria
1-17     ambient air pollutant standards and guidelines from the shipyard at
1-18     the nearest land-based permanent occupied structure.
1-19           (c)  This section does not limit the commission's authority
1-20     to take an enforcement action in response to a condition that
1-21     constitutes a nuisance.
1-22           SECTION 2. This Act takes effect September 1, 2001, and
1-23     applies to a permit or authorization issued under Chapter 382,
1-24     Health and Safety Code, on, before, or after that date and to
 2-1     applications for such a permit or authorization filed on, before,
 2-2     or after that date.