79R3109 SLO-D

By:  Barrientos, Ellis                                            S.B. No. 484



A BILL TO BE ENTITLED

AN ACT

relating to restrictions on the imposition of the operating permit 
fee under the Clean Air Act.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 382.0621(d),  Health and Safety Code, is 
amended to read as follows:
	(d)  Except as provided by this section, the commission may 
not impose a fee for any amount of emissions of an air contaminant 
regulated under the federal Clean Air Act Amendments of 1990 
(Pub.L. No. 101-549) in excess of 8,000 [4,000] tons per year from 
any source.  [On and after September 1, 2001, for a facility that is 
not subject to the requirement to obtain a permit under Section 
382.0518(g) that does not have a permit application pending, the 
commission shall:
		[(1)  impose a fee under this section for all 
emissions, including emissions in excess of 4,000 tons; and
		[(2)  treble the amount of the fee imposed for 
emissions in excess of 4,000 tons each fiscal year.]
	SECTION 2.  The Texas Commission on Environmental Quality 
shall examine the desirability of reducing by rule the amount of the 
operating permit fee authorized by Section 382.0621, Health and 
Safety Code, provided that the requirements of Section 382.0621(b), 
Health and Safety Code, can still be met, because of the additional 
revenue that should be generated by the change in law made by this 
Act to Section 382.0621(d), Health and Safety Code.
	SECTION 3.  This Act takes effect September 1, 2005.