| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the consideration of the cumulative effects of |
|
|
emissions from proposed facilities in actions by the Texas |
|
|
Commission on Environmental Quality on applications for certain air |
|
|
contaminant emissions permits or permit amendments. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. 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 a proposed facility will contravene the |
|
|
intent of this chapter, the commission shall consider the |
|
|
cumulative effects on the public's health and physical property of |
|
|
the expected emissions from the proposed facility together with the |
|
|
expected emissions from any other proposed facilities for which an |
|
|
application for a permit or permit amendment under this section is |
|
|
pending with the commission. |
|
|
SECTION 2. The change in law made by this Act applies to an |
|
|
application for a permit or permit amendment under Section |
|
|
382.0518, Health and Safety Code, 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, 2009. |