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A BILL TO BE ENTITLED
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AN ACT
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relating to permit application review and contested case procedures |
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for environmental permits involving a project to construct or |
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modify a liquefied natural gas export terminal; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter M, Chapter 5, Water Code, is amended |
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by adding Section 5.559 to read as follows: |
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Sec. 5.559. PROCEDURES FOR PERMIT APPLICATION REVIEW AND |
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CONTESTED CASES INVOLVING PROJECT TO CONSTRUCT OR MODIFY LIQUEFIED |
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NATURAL GAS EXPORT TERMINAL. (a) This section applies only to a |
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permit application filed with the commission for a project to |
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construct or modify a liquefied natural gas export terminal. |
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(b) The commission by rule shall establish an expedited |
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permit application review process for permit applications |
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described by Subsection (a). Rules adopted under this subsection |
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must require an applicant who elects the expedited permit |
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application review process to pay an additional fee in an amount the |
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commission determines is necessary to cover the costs of the |
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expedited review. |
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(c) Not later than the 120th day after the close of the |
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public comment period for a permit application described by |
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Subsection (a), the executive director shall issue a written |
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response to any relevant and material public comments received |
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during the public comment period. |
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(d) Notwithstanding any other law, if a party requests a |
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contested case hearing involving a permit application described by |
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Subsection (a), the commission shall delegate to the State Office |
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of Administrative Hearings the responsibility to conduct the |
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contested case hearing. The provisions of Chapter 2001, Government |
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Code, and Section 2003.047 of that code apply to a contested case |
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hearing held under this subsection to the extent not inconsistent |
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with this section or rules adopted under this section. |
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(e) In a request for a contested case hearing under this |
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section, the party requesting the hearing must specify each reason |
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the party is an affected person as defined by Section 5.115(a). In |
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determining whether a party is an affected person, the |
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administrative law judge may only consider the reasons specified by |
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the party in the party's request for a contested case hearing. |
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(f) In a contested case under this section, an |
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administrative law judge shall hold a preliminary hearing for the |
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case not later than the 30th day after the date the commission |
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refers the case to the administrative law judge, provided that the |
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judge may grant one extension of the time, not to exceed 15 days, on |
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request of any party. |
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(g) The commission shall adopt rules as necessary to |
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implement this section. |
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(h) To the extent of a conflict between this section and |
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another law, this section controls. |
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SECTION 2. The change in law made by this Act applies only |
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to a permit application described by Section 5.559(a), Water Code, |
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as added by this Act, that is filed with the Texas Commission on |
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Environmental Quality on or after the effective date of this Act. A |
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permit application described by Section 5.559(a), Water Code, as |
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added by this Act, that is pending on the effective date of this Act |
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is governed by the law in effect at the time the application was |
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filed, and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2025. |