Bill Text: TX HB2502 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the commencement of construction of a project following the filing of a final decision to issue an air quality permit or permit amendment for the project.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2015-03-16 - Referred to Environmental Regulation [HB2502 Detail]
Download: Texas-2015-HB2502-Introduced.html
| 84R10441 SLB-F | ||
| By: Larson | H.B. No. 2502 | |
|
|
||
|
|
||
| relating to the commencement of construction of a project following | ||
| the filing of a final decision to issue an air quality permit or | ||
| permit amendment for the project. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 382.004, Health and Safety Code, is | ||
| amended by amending Subsection (a) and adding Subsection (c) to | ||
| read as follows: | ||
| (a) To the extent permissible under federal law and | ||
| notwithstanding Section 382.0518, a person who submits an | ||
| application for a permit or permit amendment [ |
||
|
|
||
| at the person's own risk, begin construction related to the | ||
| application after the application is submitted and before the | ||
| commission has issued the permit or permit amendment if: | ||
| (1) the application is for a permit or permit | ||
| amendment for a modification of or a lesser change to an existing | ||
| facility; or | ||
| (2) the executive director has filed with the chief | ||
| clerk of the commission under Section 382.056 a final decision to | ||
| issue the permit or permit amendment. | ||
| (c) Construction begun under Subsection (a)(2) may not | ||
| begin earlier than the 30th day after the date the final decision is | ||
| filed and must be consistent with the final draft permit. A | ||
| facility for which construction begins under Subsection (a)(2) may | ||
| not begin operation until the permit or permit amendment has been | ||
| finally issued. | ||
| SECTION 2. Section 382.056(l), Health and Safety Code, is | ||
| amended to read as follows: | ||
| (l) The executive director, in accordance with procedures | ||
| adopted by the commission by rule, shall file with the chief clerk | ||
| of the commission a final decision that includes a response to each | ||
| relevant and material public comment on the preliminary decision | ||
| filed during the public comment period. | ||
| SECTION 3. The changes in law made by this Act apply only to | ||
| an application for a permit or permit amendment for which a final | ||
| decision is filed with the chief clerk of the Texas Commission on | ||
| Environmental Quality on or after the effective date of this Act. | ||
| An application for a permit or permit amendment for which a final | ||
| decision was filed before the effective date of this Act is governed | ||
| by the law in effect on the date of filing, and that law is continued | ||
| in effect for that purpose. | ||
| SECTION 4. 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, 2015. | ||
