Amend SB 12 on third reading (house committee printing) by
adding the following appropriately numbered article and
renumbering subsequent articles accordingly:
ARTICLE ____. CONSIDERATION OF CERTAIN CUMULATIVE EFFECTS
SECTION ____.01. Section 382.0518, Health and Safety Code,
is amended by adding Subsection (b-1) to read as follows:
(b-1) In making its finding under Subsection (b)(2) as to
whether emissions from the facility will contravene the intent of
this chapter, the commission shall consider the cumulative effects
on the public's health and physical property of expected air
contaminant emissions from the facility or proposed facility and
from other facilities located less than three miles from the
facility or proposed facility.
SECTION ____.02. Section 382.055(d), Health and Safety Code,
is amended to read as follows:
(d) In determining whether and under which conditions a
preconstruction permit should be renewed, the commission shall
consider, at a minimum:
(1) the performance of the owner or operator of the
facility according to the method developed by the commission under
Section 5.754, Water Code; [and]
(2) the condition and effectiveness of existing
emission control equipment and practices; and
(3) the cumulative effects on the public's health and
physical property of expected air contaminant emissions from the
facility and from other facilities located less than three miles
from the facility.
SECTION ____.03. The changes in law made by this article
apply only to the issuance or renewal of a permit the application
for which is filed with the Texas Commission on Environmental
Quality on or after the effective date of this article. The
issuance or renewal of a permit the application for which is filed
with the Texas Commission on Environmental Quality before the
effective date of this article is governed by the law in effect when
the application is filed, and the former law is continued in effect
for that purpose.
SECTION ____.04. Notwithstanding any other provision of this
Act, this article takes effect September 1, 2007.