| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the authority of the Texas Commission on Environmental |
|
|
Quality to grant or deny an air contaminant emissions permit. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Sections 382.0518(d) and (e), Health and Safety |
|
|
Code, are amended to read as follows: |
|
|
(d) If the commission finds that the emissions from the |
|
|
proposed facility will contravene the standards under Subsection |
|
|
(b) or will contravene the intent of this chapter, the commission |
|
|
shall deny [may not grant] the permit, permit amendment, or special |
|
|
permit. However, if the application for the permit, permit |
|
|
amendment, or special permit has not been the subject of a contested |
|
|
case hearing and the commission makes the finding described by this |
|
|
subsection, the commission [and] shall set out in a report to the |
|
|
applicant its specific objections to the submitted plans of the |
|
|
proposed facility and may grant or deny the application as provided |
|
|
by Subsection (e). |
|
|
(e) If the person applying for a permit, permit amendment, |
|
|
or special permit makes the alterations in the person's plans and |
|
|
specifications to meet the commission's specific objections, the |
|
|
commission shall grant the permit, permit amendment, or special |
|
|
permit. If the person fails or refuses to alter the plans and |
|
|
specifications, the commission shall deny [may not grant] the |
|
|
permit, permit amendment, or special permit. The commission may |
|
|
refuse to accept a person's new application until the commission's |
|
|
objections to the plans previously submitted by that person are |
|
|
satisfied. |
|
|
SECTION 2. The change in law made by this Act applies to an |
|
|
application for a permit, permit amendment, or special permit that |
|
|
is pending with the Texas Commission on Environmental Quality on |
|
|
the effective date of this Act or is filed with the commission on or |
|
|
after the effective date of this Act. |
|
|
SECTION 3. 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. |