88R10998 JXC-F

By: Landgraf H.B. No. 2761

A BILL TO BE ENTITLED

AN ACT

relating to the issuance of a standard permit for the emission of air contaminants from a facility providing material for a public work project.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter C, Chapter 382, Health and Safety Code, is amended by adding Section 382.069 to read as follows:

Sec. 382.069. STANDARD PERMIT FOR CERTAIN PUBLIC WORK PROJECTS. (a) In this section, "public work project" means a project to construct, alter, or repair a civil engineering project, including a road, street, bridge, underground utility, water supply project, water plant, wastewater plant, or airport runway or taxiway, under a contract entered into by a governmental entity under Chapter 2269, Government Code.

(b) The commission shall issue a standard permit, if the commission finds that the permit is enforceable, for a facility that:

(1) is dedicated solely to the provision of material for a public work project conducted under:

(A) a single contract; or

(B) one of multiple contracts for related project segments by the same contractor;

(2) is not covered by an individual permit;

(3) is located in or contiguous to the right-of-way of a public work project;

(4) can adequately monitor compliance with the terms of the standard permit; and

(5) will use control technology at least as effective as that described in Section 382.0518(b).

(c) The commission shall publish notice of a standard permit proposed under this section in the Texas Register and in one or more statewide or regional newspapers designated by the commission that will, in the commission's judgment, provide reasonable notice throughout the state. The notice must include an invitation for written comments by the public to the commission regarding the proposed standard permit and must be published not later than the 30th day before the date the commission issues the standard permit.

(d) The commission may hold a public meeting to provide an additional opportunity for public comment. The commission shall give notice of a public meeting under this subsection as part of the notice described in Subsection (c) not later than the 30th day before the date of the meeting.

(e) The commission by rule shall establish procedures for the amendment of a standard permit and for the issuance and revocation of an authorization to use a standard permit. The procedures must:

(1) provide that an applicant may obtain an authorization to use the standard permit issued under this section for a facility by submitting to the commission a written notice of intent to use the permit;

(2) specify the deadline for submitting and the information required to be included in a notice of intent under Subdivision (1); and

(3) authorize an applicant to specify a date or period of time after the commission receives the notice of intent under Subdivision (1) on which the emission of air contaminants from the facility may begin unless the executive director notifies the applicant that the facility is not authorized to use the standard permit.

(f) A facility authorized to use a standard permit issued under this section shall comply with an amendment to the standard permit beginning on the date the facility's authorization to use the permit is renewed or the date the commission otherwise provides. Before the date the facility is required to comply with the amendment, the standard permit, as it read before the amendment, applies to the facility.

(g) A standard permit issued under this section must:

(1) provide that an operator of a facility authorized to use the standard permit may use the standard permit for the duration of the public work project, unless the executive director notifies the operator that the facility is not authorized to use the standard permit;

(2) require an authorization to use a standard permit issued under this section to terminate on the date the public work project is completed;

(3) require an operator of a facility authorized to use a standard permit issued under this section to notify the commission of the operator's intent to cease operations by submitting a written notice of termination to the commission; and

(4) specify the deadline for submitting and the information to be included in a notice of termination under Subdivision (3).

(h) Sections 382.0516 and 382.056 do not apply to an application for an authorization to use a standard permit issued under this section.

(i) The issuance or amendment of a standard permit or the issuance, renewal, or revocation of an authorization to use a standard permit is not subject to Chapter 2001, Government Code.

SECTION 2. This Act takes effect September 1, 2023.