BILL ANALYSIS
Senate Research Center S.B. 1740
By: Staples
AUTHOR'S/SPONSOR'S STATEMENT OF INTENT
Current Texas law requires applicants seeking an air permit amendment to obtain a final decision on the permit from the Texas Commission on Environmental Quality (TCEQ) before beginning construction. At times, applicants need to alter or replace equipment on a deadline. Waiting for a final decision on an amendment application places companies on tight schedules and jeopardizes continued operations.
As proposed, S.B. 1740 authorizes applicants seeking a permit amendment to begin construction prior to a final decision by TCEQ. It specifies that the applicant assumes responsibility by proceeding before receiving a final decision, and prohibits TCEQ from considering construction efforts when evaluating the merits of the amendment application.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subchapter A, Chapter 382, Health and Safety Code, by adding Section 382.004, as follows:
Sec. 382.004. CONSTRUCTION WHILE PERMIT APPLICATION PENDING. (a) Authorizes a person who submits an application for a permit to modify an existing facility under this subtitle, notwithstanding Section 385.0518 [code not specified, but the statute does not currently contain Section 385.0518, Health and Safety Code], at the person's own risk, to being construction related to the application after the application is submitted and before the Texas Commission on Environmental Quality (TCEQ) has issued the permit.
(b) Prohibits TCEQ from considering construction begun under this section in determining whether to grant the permit modification sought in the application.
SECTION 2. Makes application of Section 382.004, Health and Safety Code, as added by this Act, prospective.
SECTION 3. Effective date: September 1, 2005.