Bill Text: TX SB1920 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to the issuance of air quality permits for certain facilities located in a nonattainment area.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-20 - Referred to Natural Resources & Economic Development [SB1920 Detail]

Download: Texas-2023-SB1920-Introduced.html
  88R12343 JRR-F
 
  By: Miles S.B. No. 1920
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the issuance of air quality permits for certain
  facilities located in a nonattainment area.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 382.0518, Health and Safety Code, is
  amended by adding Subsections (b-1) and (b-2) to read as follows:
         (b-1)  This subsection applies only to the construction or
  major modification of a facility that is a major stationary source
  and is located or proposed to be located in an area designated as a
  nonattainment area under the federal Clean Air Act (42 U.S.C.
  Section 7401 et seq.). In making its finding under Subsection
  (b)(2) as to whether emissions from the facility will contravene
  the intent of this chapter, the commission shall:
               (1)  conduct an analysis of alternative locations,
  sizes, production processes, and environmental control techniques
  for the facility that demonstrates that the benefits of the
  facility significantly outweigh the environmental and social costs
  imposed as a result of the facility's location, construction, or
  modification; and
               (2)  in conducting the analysis required under
  Subdivision (1), consider the cumulative impacts that would result
  from the issuance of the permit without changes to the site
  location, size, production processes, and environmental control
  techniques.
         (b-2)  For purposes of Subsection (b-1), "major stationary
  source" and "major modification" have the meanings assigned by 40
  C.F.R. Section 51.165, as that section existed on January 1, 2023.
         SECTION 2.  The change in law made by this Act applies only
  to the issuance or amendment of a permit for which an application is
  pending before the Texas Commission on Environmental Quality on or
  after the effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2023.
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