bill denying air permits that hit low-income areas harder

The text as introduced · 293 words

89R8348 JRR-D

By: Anchía
H.B. No. 2722

A BILL TO BE ENTITLED

AN ACT

relating to the denial of certain applications for a permit or other

authorization under the Texas Clean Air Act on the basis of certain

adverse impacts.

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 382.0595 to read as follows:

Sec. 382.0595. DENIAL OF CERTAIN APPLICATIONS FOR PERMIT OR

OTHER AUTHORIZATION ON BASIS OF CERTAIN ADVERSE IMPACTS.

Notwithstanding any other law, the commission shall deny an

application for a permit or other authorization under this chapter

that is subject to new source review if the commission determines

that emissions from the facility that is the subject of the

application will have a disproportionately adverse effect on the

health, property, or environment of a low-income population in the

vicinity of the facility as compared to the effects of those

emissions on other populations in the area. In making the

determination, the commission shall consider the facility's

individual effect and the overall cumulative effect of the facility

on a low-income population in conjunction with other proposed or

existing facilities in the area.

SECTION 2. Section 382.0595, Health and Safety Code, as

added by this Act, applies only to an application for a permit or

other authorization that is filed with the Texas Commission on

Environmental Quality on or after the effective date of this Act.

An application for a permit or other authorization filed before the

effective date of this Act is governed by the law in effect on the

date of the filing, and the former law is continued in effect for

that purpose.

SECTION 3. This Act takes effect September 1, 2025.