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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures for certain permit applications submitted to |
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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 Subsection (d-1) and amending Subsection (e-2) to read as |
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follows: |
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(d-1) An applicant whose application has been referred for a |
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contested case hearing to be held in accordance with this section |
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may not request changes to the application after the 31st day before |
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the date scheduled for the preliminary hearing on the application. |
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If an applicant chooses to not proceed with the preliminary hearing |
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on the application on or before the 31st day before the date |
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scheduled for the preliminary hearing, the applicant must withdraw |
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the application with or without prejudice in accordance with |
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commission rule. If an applicant who has withdrawn an application |
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without prejudice subsequently resubmits a revised application, |
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the applicant must comply with applicable notice and other |
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requirements in effect on the date the revised application is |
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submitted to the commission. This subsection does not apply to a |
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change made to an application for which: |
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(1) a preliminary hearing has been held and parties to |
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the hearing have been named; |
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(2) all parties to the hearing have agreed in writing |
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to the proposed changes; and |
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(3) the applicant has complied with applicable notice |
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requirements. |
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(e-2) For a matter referred under Section 5.556 or 5.557, |
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Water Code, the administrative law judge must complete the |
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proceeding and provide a proposal for decision to the commission |
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not later than the earlier of: |
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(1) the 270th [180th] day after the date of the |
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preliminary hearing; or |
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(2) the date specified by the commission. |
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SECTION 2. Section 382.058(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) For purposes of this section, only a representative of a |
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school, place of worship, licensed day-care center, hospital, or |
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medical facility or a person [those persons actually] residing [in |
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a permanent residence] within 440 yards of the proposed plant may |
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request a hearing under Section 382.056 as a person who may be |
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affected. The commission shall adopt rules establishing who |
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qualifies as a representative of a school, place of worship, |
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licensed day-care center, hospital, or medical facility under this |
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section. |
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SECTION 3. Section 5.115(a-1), Water Code, is amended to |
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read as follows: |
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(a-1) The commission shall adopt rules specifying factors |
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which must be considered in determining whether a person is an |
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affected person in any contested case arising under the air, waste, |
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or water programs within the commission's jurisdiction and whether |
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an affected association is entitled to standing in contested case |
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hearings. For a matter referred under Section 5.556, the |
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commission: |
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(1) may consider: |
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(A) [the merits of the underlying application, |
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including whether the application meets the requirements for permit |
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issuance; |
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[(B)] the likely impact of regulated activity on |
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the health, safety, and use of the property of the hearing |
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requestor; |
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(B) [(C)] the administrative record, including |
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the permit application and any supporting documentation; |
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(C) [(D)] the analysis and opinions of the |
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executive director; and |
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(D) [(E)] any other expert reports, affidavits, |
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opinions, or data submitted on or before any applicable deadline to |
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the commission by the executive director, the applicant, or a |
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hearing requestor; and |
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(2) may not find that: |
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(A) a group or association is an affected person |
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unless the group or association identifies, by name and physical |
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address in a timely request for a contested case hearing, a member |
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of the group or association who would be an affected person in the |
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person's own right; or |
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(B) a hearing requestor is an affected person |
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unless the hearing requestor timely submitted comments on the |
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permit application. |
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SECTION 4. Section 5.552, Water Code, is amended by |
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amending Subsection (b) and adding Subsection (b-1) to read as |
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follows: |
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(b) Not later than the 30th day after the date the executive |
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director determines the application to be administratively |
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complete: |
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(1) the applicant shall publish notice of intent to |
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obtain a permit at least once in the newspaper of largest |
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circulation in the county in which the facility to which the |
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application relates is located or proposed to be located or, if the |
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facility to which the application relates is located or proposed to |
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be located in a municipality, at least once in a newspaper of |
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general circulation in the municipality; [and] |
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(2) the chief clerk of the commission shall mail |
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notice of intent to obtain a permit to: |
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(A) the state senator and representative who |
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represent the general area in which the facility is located or |
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proposed to be located; |
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(B) the mayor and health authorities of the |
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municipality in which the facility is located or proposed to be |
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located; |
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(C) the county judge and health authorities of |
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the county in which the facility is located or proposed to be |
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located; and |
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(D) the river authority in which the facility is |
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located or proposed to be located if the application is under |
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Chapter 26, Water Code; and |
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(3) the commission shall post a copy of the |
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application on a publicly accessible Internet website. |
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(b-1) The commission shall post a copy of the application as |
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provided by Subsection (b)(3) on the same day that the chief clerk |
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of the commission mails the notice as provided by Subsection |
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(b)(2). The commission: |
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(1) shall: |
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(A) post any subsequent revision or supplement to |
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the application as the revision or supplement becomes available; |
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and |
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(B) maintain the posting until the commission |
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takes final action on the application; and |
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(2) may not penalize the applicant in the application |
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process if the commission fails to post or maintain the posting of |
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the application materials. |
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SECTION 5. The following provisions are repealed: |
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(1) Sections 2003.047(i-1), (i-2), and (i-3), |
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Government Code; and |
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(2) Section 382.0291(d), Health and Safety Code. |
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SECTION 6. The changes in law made by this Act apply only to |
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an application submitted to the Texas Commission on Environmental |
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Quality on or after the effective date of this Act. An application |
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submitted to the Texas Commission on Environmental Quality before |
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the effective date of this Act is governed by the law in effect at |
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the time the application was filed, and the former law is continued |
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in effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2021. |