Bill Text: TX HB4785 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the denial of certain applications for a permit or other authorization under the Texas Clean Air Act on the basis of adverse environmental justice impacts.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2023-05-04 - Left pending in committee [HB4785 Detail]
Download: Texas-2023-HB4785-Introduced.html
88R9277 JRR-D | ||
By: Anchía | H.B. No. 4785 |
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relating to the denial of certain applications for a permit or other | ||
authorization under the Texas Clean Air Act on the basis of adverse | ||
environmental justice impacts. | ||
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 382.0595 to read as follows: | ||
Sec. 382.0595. DENIAL OF CERTAIN APPLICATIONS FOR PERMIT OR | ||
OTHER AUTHORIZATION ON BASIS OF ADVERSE ENVIRONMENTAL JUSTICE | ||
IMPACTS. Notwithstanding any other law, the commission shall deny | ||
an application for a permit or other authorization under this | ||
chapter that is subject to new source review if the commission | ||
determines that emissions from the facility that is the subject of | ||
the application will have a disproportionately adverse effect on | ||
the health, property, or environment of a low-income population in | ||
the vicinity of the facility as compared to the effects of those | ||
emissions on other populations in the area. In making the | ||
determination, the commission shall consider the facility's | ||
individual effect and the overall cumulative effect of the facility | ||
on a low-income population in conjunction with other proposed or | ||
existing facilities in the area. | ||
SECTION 2. Section 382.0595, Health and Safety Code, as | ||
added by this Act, applies only to an application for a permit or | ||
other authorization that is filed with the Texas Commission on | ||
Environmental Quality on or after the effective date of this Act. | ||
An application for a permit or other authorization filed before the | ||
effective date of this Act is governed by the law in effect on the | ||
date of the filing, and the former law is continued in effect for | ||
that purpose. | ||
SECTION 3. This Act takes effect September 1, 2023. |