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A BILL TO BE ENTITLED
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AN ACT
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relating to air contaminant emissions permits for coal-fired or |
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lignite-fired electric generating facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 382.0518, Health and Safety Code, is |
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amended by adding Subsection (b-1) to read as follows: |
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(b-1) This subsection applies only to an application for a |
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permit for a proposed coal-fired or lignite-fired electric |
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generating facility that is or was subject to an order to expedite |
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the permit hearings process that is applicable to applications for |
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more than one such facility by the same applicant. In making its |
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finding under Subsection (b)(2) as to whether emissions from the |
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facility will contravene the intent of this chapter, the commission |
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shall consider: |
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(1) the cumulative effects on the public's health and |
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physical property of the expected emissions from the proposed |
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facility together with the expected emissions from the other |
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proposed facilities subject to the order; and |
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(2) the expected positive and negative effects issuing |
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the permit for the facility and for the other proposed facilities |
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subject to the order may have on natural resources in this state, |
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including effects on: |
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(A) game, fish, and forests; |
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(B) water, in terms of availability and quality; |
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(C) land from emissions and discharges; and |
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(D) the use of Texas natural gas. |
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SECTION 2. Subchapter C, Chapter 382, Health and Safety |
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Code, is amended by adding Section 382.067 to read as follows: |
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Sec. 382.067. PERMIT CONDITIONS FOR ELECTRIC GENERATING |
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FACILITIES. (a) The commission may consider as an appropriate |
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permit condition for a permit to be issued under this chapter for a |
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coal- or lignite-fired electric generating facility any |
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representation made to the public, the commission, or a hearings |
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officer regarding: |
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(1) emissions reductions from the proposed facility or |
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other facilities; or |
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(2) improvements in ambient air quality. |
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(b) In evaluating representations described by Subsection |
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(a), the commission shall assess any emissions associated with the |
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transportation of the fuel proposed for the facility. |
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(c) If the representations regarding reducing emissions |
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involve emissions reductions that may be eligible for an emissions |
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credits trading program, the commission as a permit condition shall |
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prohibit the owner or operator of the facility from earning or |
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trading credits earned for the emissions reductions or impose |
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reasonable conditions regarding the earning and trading of such |
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credits, including a condition that ensures that related emissions |
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reductions occur inside this state. |
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(d) If the permit is issued with the agreed reductions as a |
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permit condition, the commission shall include in the permit |
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reporting and monitoring requirements as necessary to enforce the |
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condition. |
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(e) The commission shall consider a failure of a permit |
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holder to achieve an emissions reduction on which the permit is |
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conditioned as provided by this section to be a violation of the |
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permit and shall initiate an appropriate enforcement action. |
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(f) In addition to the authority provided under Subsection |
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(a), if the commission notes that an applicant for a permit under |
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this subchapter publicly represents that the applicant will reduce |
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emissions from other sources owned or operated by the applicant in |
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this state, the commission may offer to enter corresponding |
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conditions into the permit and require the applicant to respond to |
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the offer. |
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SECTION 3. The Texas Commission on Environmental Quality as |
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soon as is practicable shall adopt rules to implement Section |
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382.0518(b-1) and Section 382.067, Health and Safety Code, as added |
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by this Act. The rules must be adopted not later than December 1, |
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2007. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |