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