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A BILL TO BE ENTITLED
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AN ACT
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relating to environmental permitting procedures for applications |
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filed with the Texas Commission on Environmental Quality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2003.047, Government Code, is amended by |
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adding Subsections (d-1) and (d-2) and amending Subsections (e) and |
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(e-1) to read as follows: |
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(d-1) The applicant's filing with the administrative law |
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judge of the draft permit, the executive director's preliminary |
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decision, and any other supporting documentation in the |
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administrative record is a prima facie demonstration that: |
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(1) the draft permit meets all state and federal |
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statutory, regulatory and technical requirements; and |
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(2) a permit issued in the same form of the draft |
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permit would be protective of the public's health and physical |
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property and the environment. |
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(d-2) After the applicant has made a prima facie |
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demonstration pursuant to Subsection (d-1), each protesting party |
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shall be given an opportunity to present evidence to demonstrate |
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that the draft permit does not meet the requirements of Subsection |
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(d-1) based on the number and scope of issues that have been |
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referred by the commission. After the submission of evidence by the |
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protesting parties, the applicant and the executive director may |
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present evidence to support the draft permit. |
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(e) In referring a matter for hearing pursuant to Water Code |
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Section 5.556, the commission shall provide to the administrative |
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law judge a discrete list of disputed factual issues and [. The
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commission] shall specify the date by which the] administrative law |
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judge must [is expected to] complete the proceeding and provide a |
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proposal for decision to the commission, which may not exceed 180 |
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days after the preliminary hearing. |
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(e-1) In matters referred to a hearing pursuant to Water |
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Code 5.556 or 5.557, the administrative law judge: |
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(1) may extend the proceeding only if the |
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administrative law judge determines that failure to grant an |
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extension would deprive a party of due process or another |
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constitutional right; [. The administrative law judge] |
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(2) subject to Subsection (e-1)(1), shall establish a |
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docket control order designed to complete the proceeding and |
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provide a proposal for decision no later than 180 days after the |
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preliminary hearing or by the date specified by the commission, |
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whichever is earlier. |
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SECTION 2. Section 5.556, Water Code, is amended by adding |
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Subsection (c-1) to read as follows: |
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(c-1) In determining under Subsection (c) whether a person |
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seeking a contested case hearing is an affected person, the |
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commission: |
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(1) may weigh and resolve matters relating to the |
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merits of the underlying application, including whether the |
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application meets the requirements for issuance and the likely |
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impact of the regulated activity on the health, safety, and use of |
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the property of the hearing requester; |
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(2) may evaluate the administrative record, including |
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the permit application and any supporting documentation, the |
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analysis and opinions of the executive director, and any other |
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expert reports, affidavits, opinions, or data submitted to the |
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commission by the executive director, the applicant or a hearing |
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requester within the applicable deadlines to submit hearing |
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requests and briefing to the commission; |
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(3) may not find that a group or association is an |
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affected person unless the group or association identifies, by name |
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and physical address in a timely request for a contested case |
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hearing, a member who would be an affected person in the person's |
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own right; and |
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(4) may not find that a hearing requester is an |
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affected person unless the hearing requester timely submitted |
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comments, and may only refer an issue pursuant to Subsection (d) if |
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requested by the affected person who raised the issue in a timely |
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submitted comment. |
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SECTION 3. The changes in law made by this Act apply only to |
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an application for a permit that is filed with the Texas Commission |
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on Environmental Quality on or after the effective date of this Act. |
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An application for a permit filed before the effective date of this |
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Act is governed by the law in effect on the date of filing, and that |
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law is continued in effect for that purpose. |
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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, 2015. |