1-1 By: Geren (Senate Sponsor - Lucio) H.B. No. 3040 1-2 (In the Senate - Received from the House May 3, 2001; 1-3 May 4, 2001, read first time and referred to Committee on Natural 1-4 Resources; May 11, 2001, reported favorably by the following vote: 1-5 Yeas 6, Nays 0; May 11, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to air pollutant emissions permitting requirements for 1-9 shipyard facilities. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subchapter C, Chapter 382, Health and Safety Code, 1-12 is amended by adding Section 382.065 to read as follows: 1-13 Sec. 382.065. SHIPYARD FACILITIES. (a) In this section, 1-14 "shipyard" means a shipbuilding or ship repair operation. 1-15 (b) In determining whether to issue, or in conducting a 1-16 review of, a permit or other authorization issued or adopted under 1-17 this chapter for a shipyard, the commission: 1-18 (1) may not require and may not consider air 1-19 dispersion modeling results predicting ambient concentrations of 1-20 noncriteria pollutants over coastal waters of the state; and 1-21 (2) shall determine compliance with noncriteria 1-22 ambient air pollutant standards and guidelines according to the 1-23 land-based off-property concentrations of air contaminants. 1-24 (c) This section does not limit the commission's authority 1-25 to take an enforcement action in response to a condition that 1-26 constitutes a nuisance. 1-27 SECTION 2. This Act takes effect September 1, 2001, and 1-28 applies to a permit or authorization issued under Chapter 382, 1-29 Health and Safety Code, on, before, or after that date and to 1-30 applications for such a permit or authorization filed on, before, 1-31 or after that date. 1-32 * * * * *