79R7632 SMH-F

By:  Geren                                                        H.B. No. 2949



A BILL TO BE ENTITLED

AN ACT

relating to the authority of the Texas Commission on Environmental 
Quality to issue an emergency order authorizing certain action in 
the event of a catastrophe.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 5.515(a), (b), (d), and (e), Water 
Code, are amended to read as follows:
	(a)  The commission may issue an emergency order authorizing 
immediate action for the addition, replacement, or repair of 
facilities or control equipment or the repair or replacement of 
roads, bridges, or other infrastructure improvements necessitated 
by a catastrophe occurring in this state and the emission of air 
contaminants during the addition, replacement, or repair of those 
facilities, that equipment, or those improvements if the actions 
and emissions are otherwise precluded under Chapter 382, Health and 
Safety Code.
	(b)  An order issued under this section:                                       
		(1)  may authorize action only [on]:                         
			(A)  on property on which a catastrophe has 
occurred; [or]
			(B)  on other property that is owned by the owner 
or operator of the damaged facility and that produces the same 
intermediates, products, or by-products; or
			(C)  for a public works project needed to repair 
or replace a damaged road, bridge, or other infrastructure 
improvement destroyed during a catastrophe; and
		(2)  must contain a schedule for submitting a complete 
application for a permit under Section 382.0518, Health and Safety 
Code.
	(d)  An applicant desiring an emergency order under this 
section must submit an application under Section 5.502 that, in 
addition to complying with that section:
		(1)  describes the catastrophe;                                               
		(2)  states that:                                                             
			(A)  the construction and emissions are essential 
to prevent loss of life, serious injury, severe property damage, 
loss of a critical transportation thoroughfare, or severe economic 
loss not attributable to the applicant's actions and are necessary 
for the addition, replacement, or repair of a facility or control 
equipment or the repair or replacement of a road, bridge, or other 
infrastructure improvement necessitated by the catastrophe;
			(B)  there is no practicable alternative to the 
proposed construction and emissions; and
			(C)  the emissions will not cause or contribute to 
air pollution;          
		(3)  estimates the dates on which the proposed 
construction or emissions, or both, will begin and end;
		(4)  estimates the date on which the facility, 
equipment, or infrastructure improvement will begin operation; and
		(5)  describes the quantity and type of air 
contaminants proposed to be emitted.
	(e)  In this section, "catastrophe" means an unforeseen 
event, including an act of God, an act of war, severe weather, 
explosions, fire, or similar occurrences beyond the reasonable 
control of the applicant [operator], that makes a facility or its 
related appurtenances or a road, bridge, or other infrastructure 
improvement inoperable.
	SECTION 2.  This Act takes effect September 1, 2005.