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A BILL TO BE ENTITLED
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AN ACT
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relating to operating permit fees for air pollutant emissions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 382.0621, Health and Safety Code, is |
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amended by amending Subsection (d) and adding Subsections (d-1) and |
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(d-2) to read as follows: |
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(d) Except as provided by Subsections (d-1) and (d-2) [this
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section], the commission may not impose a fee for any amount of |
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emissions of an air contaminant regulated under the federal Clean |
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Air Act Amendments of 1990 (Pub.L. No. 101-549) in excess of 4,000 |
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tons per year from any source. |
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(d-1) On and after September 1, 2001, for a facility that is |
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not subject to the requirement to obtain a permit under Section |
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382.0518(g) that does not have a permit application pending, the |
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commission shall: |
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(1) impose a fee under this section for all emissions, |
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including emissions in excess of 4,000 tons; and |
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(2) treble the amount of the fee imposed for emissions |
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in excess of 4,000 tons each fiscal year. |
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(d-2) The commission by order may annually adjust the limit |
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provided by Subsection (d) on the amount of emissions on which the |
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fees under this section are imposed so that the fees are sufficient |
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to cover the costs described by Subsection (b). |
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SECTION 2. (a) The Texas Commission on Environmental |
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Quality shall adopt rules required to implement the change in law |
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made by this Act not later than December 31, 2012. |
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(b) The change in law made by Section 382.0621, Health and |
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Safety Code, as amended by this Act, applies to an annual fee |
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imposed on or after January 1, 2012. An annual fee imposed before |
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January 1, 2012, is governed by the law in effect on the date the fee |
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was imposed, and the former law is continued in effect for that |
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purpose. |
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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, 2011. |