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A BILL TO BE ENTITLED
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AN ACT
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relating to a request by a member of the legislature for an |
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opportunity for public comment on certain air permits. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 382.056, Health and Safety Code, is |
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amended by amending Subsections (g) and (g-1) and adding |
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Subsections (g-2) and (g-3) to read as follows: |
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(g) If, in response to the notice published under Subsection |
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(a) for a permit or permit amendment under Section 382.0518 or a |
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permit renewal review under Section 382.055, a person requests |
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during the period provided by commission rule that the commission |
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hold a public hearing and the request is not withdrawn before the |
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date the preliminary decision is issued, the applicant shall |
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publish notice of the preliminary decision in a newspaper, and the |
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commission shall seek public comment on the preliminary decision. |
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The commission shall consider the request for public hearing under |
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the procedures provided by Subsections (i)-(n). |
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(g-1) Except as provided by Subsection (g-2), the [The] |
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commission may not seek further public comment or hold a public |
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hearing under the procedures provided by Subsections (i)-(n) in |
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response to a request for a public hearing on an amendment, |
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modification, or renewal that would not result in an increase in |
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allowable emissions and would not result in the emission of an air |
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contaminant not previously emitted. |
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(g-2) The commission shall seek public comment under the |
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procedures provided by Subsections (i)-(l) regarding an amendment, |
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modification, or renewal described by Subsection (g-1) if the |
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commission receives a request for a public comment period from a |
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member of the legislature who represents the general area in which |
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the facility is located or proposed to be located. |
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(g-3) [(g-1)] The notice of intent required by Subsection |
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(a) and the notice of the preliminary decision described by |
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Subsection (g) may be consolidated into one notice if: |
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(1) not later than the 15th day after the date the |
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application for which the notice is required is received, the |
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commission determines the application to be administratively |
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complete; and |
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(2) the preliminary decision and draft permit related |
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to the application are available at the time of the commission's |
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determination under Subdivision (1). |
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SECTION 2. Section 382.056(g-2), Health and Safety Code, as |
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added by this Act, applies only to an application for a permit, |
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permit amendment, or permit renewal that is filed with the Texas |
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Commission on Environmental Quality on or after the effective date |
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of this Act. An application for a permit, permit amendment, or |
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permit renewal filed before the effective date of this Act is |
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governed by the law in effect on the date of filing, and that law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2025. |