79R939 SMH-D
By: Gattis H.B. No. 680
A BILL TO BE ENTITLED
AN ACT
relating to procedures for providing notice of intent to obtain
certain permits issued by the Texas Commission on Environmental
Quality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 5.552, Water Code, is amended by
amending Subsection (b) and adding Subsections (b-1) and (b-2) to
read as follows:
(b) Not later than the 30th day after the date the executive
director determines the application to be administratively
complete:
(1) the applicant shall publish notice of intent to
obtain a permit at least once in the newspaper of largest
circulation in the county in which the facility to which the
application relates is located or proposed to be located or, if the
facility to which the application relates is located or proposed to
be located in a municipality, at least once in a newspaper of
general circulation in the municipality;
(1-a) the applicant shall mail by certified mail
notice of intent to obtain a permit to each person who owns land
adjacent to the location or proposed location of the facility; and
(2) the chief clerk of the commission shall mail
notice of intent to obtain a permit to:
(A) the state senator and representative who
represent the general area in which the facility is located or
proposed to be located;
(B) the mayor and health authorities of the
municipality in which the facility is located or proposed to be
located;
(C) the county judge and health authorities of
the county in which the facility is located or proposed to be
located; and
(D) the river authority in which the facility is
located or proposed to be located if the application is under
Chapter 26[, Water Code].
(b-1) Notice under Subsection (b)(1) may not be published on
a legal state or national holiday or on a weekend if the weekend is
preceded or followed by a legal state or national holiday.
(b-2) If in the exercise of reasonable diligence the
applicant is unable to determine the name or address of a person who
owns land adjacent to the location or proposed location of the
facility, the applicant may satisfy the requirements of Subsection
(b)(1-a) with respect to that person by filing an affidavit with the
commission attesting to that fact. Notice must be mailed under
Subsection (b)(1-a) or an affidavit must be filed under this
subsection on or before the date notice is published under
Subsection (b)(1).
SECTION 2. Section 26.028, Water Code, is amended by adding
Subsection (i) to read as follows:
(i) Notice under Subsection (h)(1) may not be published on a
legal state or national holiday or on a weekend if the weekend is
preceded or followed by a legal state or national holiday.
SECTION 3. Section 361.0665, Health and Safety Code, is
amended by adding Subsection (c-1) to read as follows:
(c-1) Notice under Subsection (a) or (c) may not be
published on a legal state or national holiday or on a weekend if
the weekend is preceded or followed by a legal state or national
holiday.
SECTION 4. Section 382.05199, Health and Safety Code, is
amended by adding Subsections (b-1) and (c-1) and amending
Subsection (d) to read as follows:
(b-1) The notice may not be published on a legal state or
national holiday or on a weekend if the weekend is preceded or
followed by a legal state or national holiday.
(c-1) The applicant shall mail notice by certified mail to
each person who owns land adjacent to the proposed location of the
plant. If in the exercise of reasonable diligence the applicant is
unable to determine the name or address of a person who owns land
adjacent to the proposed location of the plant, the applicant may
satisfy the requirements of this subsection with respect to that
person by filing an affidavit with the commission attesting to that
fact. Notice must be mailed or an affidavit must be filed under
this subsection on or before the date notice is published under
Subsection (b).
(d) Notice under Subsection (b) or (c-1) [The notice] must
include:
(1) a brief description of the proposed location and
nature of the proposed plant;
(2) a description, including a telephone number, of
the manner in which the executive director may be contacted for
further information;
(3) a description, including a telephone number, of
the manner in which the applicant may be contacted for further
information;
(4) the location and hours of operation of the
commission's regional office at which a copy of the application is
available for review and copying; and
(5) a brief description of the public comment process,
including the time and location of the public hearing, and the
mailing address and deadline for filing written comments.
SECTION 5. Section 382.056, Health and Safety Code, is
amended by amending Subsections (a) and (b) and adding Subsection
(a-1) to read as follows:
(a) Except as provided by Section 382.0518(h), an applicant
for a permit or permit amendment under Section 382.0518 or a permit
renewal review under Section 382.055 shall publish notice of intent
to obtain the permit, permit amendment, or permit review not later
than the 30th day after the date the commission determines the
application to be administratively complete. The commission by
rule shall require an applicant for a federal operating permit
under Section 382.054 to publish notice of intent to obtain a
permit, permit amendment, or permit review consistent with federal
requirements and with the requirements of Subsection (b). The
applicant shall publish the notice at least once in a newspaper of
general circulation in the municipality in which the facility or
federal source is located or is proposed to be located or in the
municipality nearest to the location or proposed location of the
facility or federal source. If the elementary or middle school
nearest to the facility or proposed facility provides a bilingual
education program as required by Subchapter B, Chapter 29,
Education Code, the applicant shall also publish the notice at
least once in an additional publication of general circulation in
the municipality or county in which the facility is located or
proposed to be located that is published in the language taught in
the bilingual education program. This requirement is waived if
such a publication does not exist or if the publisher refuses to
publish the notice. The commission by rule shall prescribe the form
and content of the notice and when notice must be published. Notice
may not be published on a legal state or national holiday or on a
weekend if the weekend is preceded or followed by a legal state or
national holiday. The commission may require publication of
additional notice. The commission by rule shall prescribe
alternative procedures for publication of the notice in a newspaper
if the applicant is a small business stationary source as defined by
Section 5.135, Water Code, [382.0365] and will not have a
significant effect on air quality. The alternative procedures must
be cost-effective while ensuring adequate notice. Notice required
to be published under this section shall only be required to be
published in the United States.
(a-1) The applicant shall mail by certified mail notice of
intent to obtain the permit, permit amendment, or permit review to
each person who owns land adjacent to the location or proposed
location of the facility or federal source. If in the exercise of
reasonable diligence the applicant is unable to determine the name
or address of a person who owns land adjacent to the location or
proposed location of the facility or federal source, the applicant
may satisfy the requirements of this subsection with respect to
that person by filing an affidavit with the commission attesting to
that fact. Notice must be mailed or an affidavit must be filed
under this subsection on or before the date notice is published
under Subsection (a).
(b) Notice under Subsection (a) or (a-1) [The notice] must
include:
(1) a description of the location or proposed location
of the facility or federal source;
(2) the location at which a copy of the application is
available for review and copying as provided by Subsection (d);
(3) a description, including a telephone number, of
the manner in which the commission may be contacted for further
information;
(4) a description, including a telephone number, of
the manner in which the applicant may be contacted for further
information;
(5) a description of the procedural rights and
obligations of the public, printed in a font style or size that
clearly provides emphasis and distinguishes it from the remainder
of the notice, that includes a statement that a person who may be
affected by emissions of air contaminants from the facility,
proposed facility, or federal source is entitled to request a
hearing from the commission;
(6) a description of the procedure by which a person
may be placed on a mailing list in order to receive additional
information about the application;
(7) the time and location of any public meeting to be
held under Subsection (e); and
(8) any other information the commission by rule
requires.
SECTION 6. The changes in law made by this Act apply only to
an application for a permit, permit amendment, or permit renewal
that is filed with the Texas Commission on Environmental Quality on
or after September 1, 2005. An application for a permit, permit
amendment, or permit renewal that is filed before that date is
governed by the law in effect on the date the application is filed,
and that law is continued in effect for that purpose.
SECTION 7. This Act takes effect September 1, 2005.