Bill Text: TX SB536 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-02-20 - Referred to Natural Resources [SB536 Detail]
Download: Texas-2013-SB536-Introduced.html
| 83R3363 JTS-F | ||
| By: Hinojosa | S.B. No. 536 | |
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| relating to regulation of greenhouse gas emissions by the Texas | ||
| Commission on Environmental Quality. | ||
| 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 382.069 to read as follows: | ||
| Sec. 382.069. GREENHOUSE GAS EMISSIONS PERMITTING. (a) In | ||
| this section, "greenhouse gas" means: | ||
| (1) carbon dioxide; | ||
| (2) methane; | ||
| (3) nitrous oxide; and | ||
| (4) hydrofluorocarbons, perfluorocarbons, and sulfur | ||
| hexafluoride. | ||
| (b) The commission by rule shall adopt a program to allow | ||
| the commission to assume authority for issuing permits, including | ||
| preconstruction and federal operating permits, that include the | ||
| regulation of greenhouse gas emissions in accordance with federal | ||
| law. | ||
| (c) As part of the program under Subsection (b), the | ||
| commission shall develop measures to streamline the authorization | ||
| process for permits, such as the use of general permits, standard | ||
| permits, and presumptive best available control technology, that | ||
| the commission determines are warranted for certain greenhouse gas | ||
| emissions source categories. | ||
| (d) If it is determined that greenhouse gas emissions are no | ||
| longer required to be regulated under federal law, on the effective | ||
| date of the determination: | ||
| (1) the commission shall immediately cease: | ||
| (A) issuing and requiring permits that include | ||
| regulation of greenhouse gas emissions; and | ||
| (B) enforcing permit provisions regulating | ||
| greenhouse gas emissions; | ||
| (2) a person subject to permit provisions regulating | ||
| greenhouse gas emissions is no longer required to comply with those | ||
| provisions; and | ||
| (3) rules adopted by the commission to regulate | ||
| greenhouse gas emissions are invalid. | ||
| SECTION 2. (a) The Texas Commission on Environmental | ||
| Quality shall adopt the program required by Section 382.069, Health | ||
| and Safety Code, as added by this Act, as soon as possible after the | ||
| effective date of this Act. | ||
| (b) The adoption of a program under Section 382.069, Health | ||
| and Safety Code, as added by this Act, does not affect the validity | ||
| of a permit regulating greenhouse gas emissions issued by the | ||
| United States Environmental Protection Agency: | ||
| (1) before the effective date of the program; or | ||
| (2) on or after the effective date of the program if | ||
| the application for the permit was filed with that agency before the | ||
| effective date of the program. | ||
| SECTION 3. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2013. | ||
