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