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A BILL TO BE ENTITLED
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AN ACT
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relating to the denial of certain applications for a permit or other |
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authorization under the Texas Clean Air Act on the basis of adverse |
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environmental justice impacts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 382, Health and Safety |
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Code, is amended by adding Section 382.0595 to read as follows: |
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Sec. 382.0595. DENIAL OF CERTAIN APPLICATIONS FOR PERMIT OR |
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OTHER AUTHORIZATION ON BASIS OF ADVERSE ENVIRONMENTAL JUSTICE |
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IMPACTS. Notwithstanding any other law, the commission shall deny |
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an application for a permit or other authorization under this |
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chapter that is subject to new source review if the commission |
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determines that emissions from the facility that is the subject of |
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the application will have a disproportionately adverse effect on |
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the health, property, or environment of a low-income population in |
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the vicinity of the facility as compared to the effects of those |
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emissions on other populations in the area. In making the |
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determination, the commission shall consider the facility's |
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individual effect and the overall cumulative effect of the facility |
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on a low-income population in conjunction with other proposed or |
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existing facilities in the area. |
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SECTION 2. Section 382.0595, Health and Safety Code, as |
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added by this Act, applies only to an application for a permit or |
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other authorization that is filed with the Texas Commission on |
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Environmental Quality on or after the effective date of this Act. |
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An application for a permit or other authorization filed before the |
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effective date of this Act is governed by the law in effect on the |
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date of the filing, and the former law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |