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A BILL TO BE ENTITLED
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AN ACT
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relating to the commencement of construction of a project following |
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the filing of a final decision to issue an air quality permit or |
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permit amendment for the project. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 382.004, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsection (c) to |
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read as follows: |
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(a) To the extent permissible under federal law and |
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notwithstanding Section 382.0518, a person who submits an |
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application for a permit or permit amendment [for a modification of
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or a lesser change to an existing facility] under this subtitle may, |
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at the person's own risk, begin construction related to the |
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application after the application is submitted and before the |
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commission has issued the permit or permit amendment if: |
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(1) the application is for a permit or permit |
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amendment for a modification of or a lesser change to an existing |
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facility; or |
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(2) the executive director has filed with the chief |
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clerk of the commission under Section 382.056 a final decision to |
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issue the permit or permit amendment. |
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(c) Construction begun under Subsection (a)(2) may not |
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begin earlier than the 30th day after the date the final decision is |
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filed and must be consistent with the final draft permit. A |
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facility for which construction begins under Subsection (a)(2) may |
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not begin operation until the permit or permit amendment has been |
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finally issued. |
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SECTION 2. Section 382.056(l), Health and Safety Code, is |
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amended to read as follows: |
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(l) The executive director, in accordance with procedures |
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adopted by the commission by rule, shall file with the chief clerk |
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of the commission a final decision that includes a response to each |
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relevant and material public comment on the preliminary decision |
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filed during the public comment period. |
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SECTION 3. The changes in law made by this Act apply only to |
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an application for a permit or permit amendment for which a final |
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decision is filed with the chief clerk of 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 permit amendment for which a final |
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decision was filed before the effective date of this Act is governed |
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by the law in effect on the date of filing, and that law is continued |
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in effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |