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.