Bill Text: TX SB87 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to the consideration of the cumulative effects of air contaminant emissions in the emissions permitting process.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-03-03 - Referred to Natural Resources & Economic Development [SB87 Detail]

Download: Texas-2021-SB87-Introduced.html
  87R1781 JAM-D
 
  By: Miles S.B. No. 87
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the consideration of the cumulative effects of air
  contaminant emissions in the emissions permitting process.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 382.0518, Health and Safety Code, is
  amended by adding Subsection (b-1) to read as follows:
         (b-1)  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 consider the cumulative effects
  on the public's health and physical property of expected air
  contaminant emissions from the facility or proposed facility and
  from other facilities located less than three miles from the
  facility or proposed facility.
         SECTION 2.  Section 382.055(d), Health and Safety Code, is
  amended to read as follows:
         (d)  In determining whether and under which conditions a
  preconstruction permit should be renewed, the commission shall
  consider, at a minimum:
               (1)  the performance of the owner or operator of the
  facility according to the method developed by the commission under
  Section 5.754, Water Code; [and]
               (2)  the condition and effectiveness of existing
  emission control equipment and practices; and
               (3)  the cumulative effects on the public's health and
  physical property of expected air contaminant emissions from the
  facility and from other facilities located less than three miles
  from the facility.
         SECTION 3.  The changes in law made by this Act apply only to
  the issuance or renewal of a permit for which an application is
  filed with the Texas Commission on Environmental Quality on or
  after the effective date of this Act. The issuance or renewal of a
  permit for which an application is filed with the Texas Commission
  on Environmental Quality before the effective date of this Act is
  governed by the law in effect when the application is filed, and the
  former law is continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2021.
feedback