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  By: Bonnen H.B. No. 3859
 
 
A BILL TO BE ENTITLED
AN ACT
relating to certain applications filed with Texas Commission on
Environmental Quality.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 382.05185 of the Health and Safety Code
is amended to add the following new subsection (j):
       (j)  The commission may grant permits for new coal-fired
steam electric generating units utilizing conventional pulverized
coal or circulating fluidized bed technology with applications
filed after or pending as of [DATE] only if the unit meets the
following criteria:
             (1)  the unit will utilize an air-cooled condenser, or
other dry cooling technology, for the steam [alternatively, specify
limit on water usage -- i.e., the unit will utilize less than XXX
water per megawatt], and
             (2)  such other controls are proposed for the site
through new permit applications or implementing other measures such
as fuel switching, or a combination of new applications and fuel
switching, to achieve offsetting emissions for the facilities
covered by the application to result in no significant project
emissions increase under the Nonattainment New Source Review (NNSR)
or Prevention of Significant Deterioration (PSD) permitting
programs for nitrogen oxides or sulfur dioxide, nor result in a net
site increase in mercury emissions, to be achieved within two years
of commercial operation of the new generating unit.
       SECTION 2.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2007.