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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. Section 5.555, Water Code, is amended by adding |
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Subsection (a-1) to read as follows: |
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(a-1) With respect to a permit application filed with the |
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commission for a project to construct or modify a liquefied natural |
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gas export terminal or a renewal of that permit, the executive |
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director shall provide each response required by Subsection (a) not |
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later than the 120th day after the close of the public comment |
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period. |
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SECTION 2. 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. The additional fee collected pursuant to this |
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subsection is considered part of the application fee and shall be |
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deposited and used in the manner provided for the application fee |
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under Section 5.701. |
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(c) In a request for a contested case hearing involving a |
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permit application described by Subsection (a), the party |
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requesting the hearing must specify each reason the party is an |
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affected person as defined by Section 5.115(a). |
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(d) In a contested case involving a permit application |
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described by Subsection (a), an administrative law judge shall |
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conduct a preliminary hearing not later than the 60th day after the |
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date the executive director refers the application to the State |
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Office of Administrative Hearings, provided that the judge may |
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grant one extension of the time, not to exceed 15 days, on request |
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of any party. |
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(e) The commission shall adopt rules as necessary to |
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implement this section. |
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SECTION 3. Section 382.056, Health and Safety Code, is |
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amended by amending Subsection (n) and adding Subsection (n-1) to |
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read as follows: |
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(n) Except as provided by Section 382.0561, the commission |
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shall consider a request that the commission reconsider the |
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executive director's decision or hold a contested case [public] |
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hearing in accordance with the procedures provided by Sections |
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5.556 and 5.557, Water Code. |
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(n-1) With respect to a permit application filed with the |
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commission under Section 382.0518 for a project to construct or |
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modify a liquefied natural gas export terminal or for renewal of a |
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permit issued to a liquefied natural gas export terminal under |
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Section 382.055: |
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(1) the requirements of Section 5.559, Water Code, |
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apply; |
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(2) the commission shall adopt rules as necessary to |
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implement Subdivision (1); and |
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(3) the executive director shall provide each response |
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required by Subsection (l) not later than the 120th day after the |
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close of the public comment period. |
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SECTION 4. The change in law made by this Act applies only |
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to a permit application for a project to construct or modify a |
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liquefied natural gas export terminal or a renewal of that permit |
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that is filed with the Texas Commission on Environmental Quality on |
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or after the effective date of this Act. A permit application for a |
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project to construct or modify a liquefied natural gas export |
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terminal or a renewal of that permit that is pending on the |
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effective date of this Act is governed by the law in effect at the |
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time the application was filed, and the former law is continued in |
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effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2025. |