| |
|
| |
|
|
By: Kuempel (Senate Sponsor - Creighton) |
H.B. No. 2726 |
|
|
(In the Senate - Received from the House May 7, 2019; |
|
|
May 8, 2019, read first time and referred to Committee on Natural |
|
|
Resources & Economic Development; May 16, 2019, reported favorably |
|
|
by the following vote: Yeas 8, Nays 3; May 16, 2019, sent to |
|
|
printer.) |
| Click here to see the committee vote |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the commencement of construction of a project following |
|
|
the issuance of a draft permit for a permit amendment to an air |
|
|
quality permit. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 382.004, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 382.004. CONSTRUCTION WHILE PERMIT AMENDMENT |
|
|
APPLICATION PENDING. (a) To the extent permissible under federal |
|
|
law, [and] notwithstanding Section 382.0518, and except as provided |
|
|
by Subsection (c), a person who submits an application for a permit |
|
|
amendment [for a modification of or a lesser change to an existing
|
|
|
facility under this subtitle] may, at the person's own risk, begin |
|
|
construction related to the application after the executive |
|
|
director has issued a draft permit including the permit amendment |
|
|
[the application is submitted and before the commission has issued
|
|
|
the permit]. |
|
|
(b) The commission may not consider construction begun |
|
|
under this section in determining whether to grant the permit |
|
|
amendment sought in the application. |
|
|
(c) A person may not begin construction under this section |
|
|
if the facility that is the subject of the permit amendment is a |
|
|
concrete batch plant located within 880 yards of a property that is |
|
|
used as a residence. |
|
|
(d) The commission shall adopt rules to implement this |
|
|
section. |
|
|
SECTION 2. The changes in law made by this Act apply only to |
|
|
an application for a permit amendment filed with the Texas |
|
|
Commission on Environmental Quality on or after the effective date |
|
|
of this Act. An application for a permit amendment filed before the |
|
|
effective date of this Act is governed by the law in effect on the |
|
|
date of filing, and that law is continued in effect for that |
|
|
purpose. |
|
|
SECTION 3. This Act takes effect January 1, 2020. |
|
|
|
|
|
* * * * * |