1-1 AN ACT
1-2 relating to requirements for public notice and hearing on
1-3 applications for certain permits that may have environmental
1-4 impact.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 382.05194, Health and Safety Code, is
1-7 amended to read as follows:
1-8 Sec. 382.05194. Multiple Plant Permit. (a) The commission
1-9 may issue a multiple plant permit for multiple plant sites that are
1-10 owned or operated by the same person or persons under common
1-11 control if the commission finds that:
1-12 (1) the aggregate rate of emission of air contaminants
1-13 to be authorized under the permit does not exceed the total of:
1-14 (A) for previously permitted facilities, the
1-15 rates authorized in the existing permits; and
1-16 (B) for existing unpermitted facilities not
1-17 subject to the requirement to obtain a preconstruction
1-18 authorization under Section 382.0518(g) or for facilities
1-19 authorized under Section 382.0519, the rates that would be
1-20 authorized under Section 382.0519; and
1-21 (2) there is no indication that the emissions from the
1-22 facilities will contravene the intent of this chapter, including
1-23 protection of the public's health and physical property.
1-24 (b) A permit issued under this section may not authorize
1-25 emissions from any of the facilities authorized under the permit
2-1 that exceed the facility's highest historic annual rate or the
2-2 levels authorized in the facility's most recent permit. In the
2-3 absence of records extending back to the original construction of
2-4 the facility, best engineering judgment shall be used to
2-5 demonstrate the facility's highest historic annual rate to the
2-6 commission.
2-7 (c) Emissions control equipment previously installed at a
2-8 facility permitted under this section may not be removed or
2-9 disabled unless the action is undertaken to maintain or upgrade the
2-10 control equipment or to otherwise reduce the impact of emissions
2-11 authorized by the commission.
2-12 (d) [The commission shall publish notice of a proposed
2-13 multiple plant permit for existing facilities in the Texas Register
2-14 and in one or more statewide or regional newspapers designated by
2-15 the commission by rule that will, in the commission's judgment,
2-16 provide reasonable notice throughout the state. If the multiple
2-17 plant permit for existing facilities will be effective for only
2-18 part of the state, the notice shall be published in a newspaper of
2-19 general circulation in the area to be affected. The commission by
2-20 rule may require additional notice to be given. The notice must
2-21 include an invitation for written comments by the public to the
2-22 commission regarding the proposed multiple plant permit and must be
2-23 published not later than the 30th day before the date the
2-24 commission issues the multiple plant permit.]
2-25 [(e) For existing facilities, the commission shall hold a
2-26 public meeting to provide an additional opportunity for public
3-1 comment. The commission shall give notice of a public meeting
3-2 under this subsection as part of the notice described in Subsection
3-3 (d) not later than the 30th day before the date of the meeting.]
3-4 [(f) If the commission receives public comment related to
3-5 the issuance of a multiple plant permit for existing facilities,
3-6 the commission shall issue a written response to the comments at
3-7 the same time the commission issues or denies the permit. The
3-8 response must be made available to the public, and the commission
3-9 shall mail the response to each person who made a comment.]
3-10 [(g)] The commission by rule shall establish the procedures
3-11 for application and approval for the use of a multiple plant
3-12 permit.
3-13 (e) [(h)] For a multiple plant permit that applies only to
3-14 existing facilities for which an application is filed before
3-15 September 1, 2001, the issuance, amendment, or revocation by the
3-16 commission of the permit is not subject to Chapter 2001, Government
3-17 Code.
3-18 (f) [(i)] The commission may adopt rules as necessary to
3-19 implement and administer this section and may delegate to the
3-20 executive director under Section 382.061 the authority to issue,
3-21 amend, or revoke a multiple plant permit.
3-22 SECTION 2. Subchapter C, Chapter 382, Health and Safety
3-23 Code, is amended by adding Section 382.05197 to read as follows:
3-24 Sec. 382.05197. MULTIPLE PLANT PERMIT: NOTICE AND HEARING.
3-25 (a) An applicant for a permit under Section 382.05194 shall
3-26 publish notice of intent to obtain the permit in accordance with
4-1 Section 382.056, except that the notice of a proposed multiple
4-2 plant permit for existing facilities shall be published in one or
4-3 more statewide or regional newspapers that provide reasonable
4-4 notice throughout the state. If the multiple plant permit for
4-5 existing facilities will be effective for only part of the state,
4-6 the notice shall be published in a newspaper of general circulation
4-7 in the area to be affected. The commission by rule may require
4-8 that additional notice be given.
4-9 (b) The commission may authorize an applicant for a permit
4-10 for an existing facility that constitutes or is part of a small
4-11 business stationary source as defined in Section 382.0365(h)(2) to
4-12 provide notice using an alternative means if the commission finds
4-13 that the proposed method will result in equal or better
4-14 communication with the public, considering the effectiveness of the
4-15 notice in reaching potentially affected persons, the cost, and the
4-16 consistency with federal requirements.
4-17 (c) The commission shall provide an opportunity for a public
4-18 hearing and the submission of public comment and send notice of a
4-19 decision on an application for a permit under Section 382.05194 in
4-20 the same manner as provided by Sections 382.0561 and 382.0562.
4-21 (d) A person affected by a decision of the commission to
4-22 issue or deny a multiple plant permit may move for rehearing and is
4-23 entitled to judicial review under Section 382.032.
4-24 SECTION 3. Subchapter M, Chapter 5, Water Code, is amended
4-25 by adding Section 5.557 to read as follows:
4-26 Sec. 5.557. DIRECT REFERRAL TO CONTESTED CASE HEARING.
5-1 (a) Immediately after the executive director issues a preliminary
5-2 decision on an application under Section 5.553, the commission, on
5-3 the request of the applicant or the executive director, shall refer
5-4 the application directly to the State Office of Administrative
5-5 Hearings for a contested case hearing on whether the application
5-6 complies with all applicable statutory and regulatory requirements.
5-7 (b) Sections 5.554, 5.555, and 5.556 of this code and
5-8 Sections 2003.047(e) and (f), Government Code, do not apply to an
5-9 application referred for a hearing under Subsection (a).
5-10 (c) Notwithstanding Subsection (b), the commission by rule
5-11 shall provide for public comment and the executive director's
5-12 response to public comment to be entered into the administrative
5-13 record of decision on an application.
5-14 SECTION 4. Subsection (n), Section 382.056, Health and
5-15 Safety Code, is amended to read as follows:
5-16 (n) Except as provided by Section 382.0561, the commission
5-17 shall consider a request that the commission reconsider the
5-18 executive director's decision or hold a public hearing in
5-19 accordance with the procedures provided by Sections [Section] 5.556
5-20 and 5.557, Water Code.
5-21 SECTION 5. The Texas Natural Resource Conservation
5-22 Commission shall adopt rules to implement Section 5.557, Water
5-23 Code, as added by this Act, and Subsection (n), Section 382.056,
5-24 Health and Safety Code, as amended by this Act, as soon as is
5-25 necessary for the rules to take effect on or before January 1,
5-26 2002.
6-1 SECTION 6. This Act takes effect immediately if it receives
6-2 a vote of two-thirds of the members elected to each house, as
6-3 provided by Section 39, Article III, Texas Constitution. If this
6-4 Act does not receive the vote necessary for immediate effect, this
6-5 Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 688 passed the Senate on
February 28, 2001, by the following vote: Yeas 30, Nays 0, one
present not voting; and that the Senate concurred in House
amendment on May 26, 2001, by the following vote: Yeas 30, Nays 0,
one present not voting.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 688 passed the House, with
amendment, on May 23, 2001, by the following vote: Yeas 141,
Nays 0, two present not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor