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