|
|
|
|
AN ACT
|
|
relating to permitting of greenhouse gas emissions by the Texas |
|
Commission on Environmental Quality; limiting the amount of a fee. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. The legislature finds that in the interest of the |
|
continued vitality and economic prosperity of this state, the Texas |
|
Commission on Environmental Quality, because of its technical |
|
expertise and experience in processing air quality permit |
|
applications, is the preferred permitting authority for emissions |
|
of greenhouse gases. |
|
SECTION 2. Subchapter C, Chapter 382, Health and Safety |
|
Code, is amended by adding Section 382.05102 to read as follows: |
|
Sec. 382.05102. PERMITTING AUTHORITY OF COMMISSION; |
|
GREENHOUSE GAS EMISSIONS. (a) In this section, "greenhouse gas |
|
emissions" means emissions of: |
|
(1) carbon dioxide; |
|
(2) methane; |
|
(3) nitrous oxide; |
|
(4) hydrofluorocarbons; |
|
(5) perfluorocarbons; and |
|
(6) sulfur hexafluoride. |
|
(b) To the extent that greenhouse gas emissions require |
|
authorization under federal law, the commission may authorize |
|
greenhouse gas emissions in a manner consistent with Section |
|
382.051. |
|
(c) The commission shall: |
|
(1) adopt rules to implement this section, including |
|
rules specifying the procedures to transition to review by the |
|
commission any applications pending with the United States |
|
Environmental Protection Agency for approval under 40 C.F.R. |
|
Section 52.2305; and |
|
(2) prepare and submit appropriate federal program |
|
revisions to the United States Environmental Protection Agency for |
|
approval. |
|
(d) The permit processes authorized by this section are not |
|
subject to the requirements relating to a contested case hearing |
|
under this chapter, Chapter 5, Water Code, or Subchapters C-G, |
|
Chapter 2001, Government Code. |
|
(e) If authorization to emit greenhouse gas emissions is no |
|
longer required under federal law, the commission shall: |
|
(1) repeal the rules adopted under Subsection (c); and |
|
(2) prepare and submit appropriate federal program |
|
revisions to the United States Environmental Protection Agency for |
|
approval. |
|
SECTION 3. Section 382.0621, Health and Safety Code, is |
|
amended by adding Subsection (f) to read as follows: |
|
(f) The commission may impose fees for emissions of |
|
greenhouse gas only to the extent the fees are necessary to cover |
|
the commission's additional reasonably necessary direct costs of |
|
implementing Section 382.05102. |
|
SECTION 4. 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, 2013. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 788 was passed by the House on April |
|
19, 2013, by the following vote: Yeas 114, Nays 23, 1 present, not |
|
voting; and that the House concurred in Senate amendments to H.B. |
|
No. 788 on May 20, 2013, by the following vote: Yeas 139, Nays 5, 2 |
|
present, not voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 788 was passed by the Senate, with |
|
amendments, on May 17, 2013, by the following vote: Yeas 31, Nays |
|
0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: __________________ |
|
Date |
|
|
|
__________________ |
|
Governor |