permit scoring: 55 percent community input

The text as introduced · 393 words

89R14310 CMO-D

By: Luther
H.B. No. 4981

A BILL TO BE ENTITLED

AN ACT

relating to a scoring system for all permit applications within the

jurisdiction of the Texas Commission on Environmental Quality.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter M-1, Chapter 5, Water Code, is

amended by adding Section 5.588 to read as follows:

Sec. 5.588. PERMIT APPLICATION SCORING SYSTEM. (a) In

addition to any criteria the commission would otherwise consider

when evaluating a permit application, the commission shall also

score each application using a point system that prioritizes

criteria regarding:

(1) quantifiable community participation as provided

by Subsection (c), evaluated on the basis of:

(A) resolutions concerning the subject of the

permit application that are voted on and adopted by the governing

body of any political subdivision in which the proposed facility or

activity to which the application relates is or will be located; and

(B) written statements from:

(i) any neighborhood organizations on

record with the state or county likely to be directly affected by

the permit application; and

(ii) each state senator and state

representative who represents the area in which the facility or

activity to which the application relates is or will be located; and

(2) any criteria otherwise required by law for the

commission to evaluate the relevant permit application.

(b) In scoring a permit application under Subsection (a),

the commission shall weigh the criteria in Subsection (a)(1) to

account for 55 percent of the score and the criteria in Subsection

(a)(2) to account for 45 percent of the score. The commission may

not approve a permit application that receives a total score of less

than 75 percent of the total points available.

(c) In evaluating the level of community support for an

application under Subsection (a)(1), the commission shall award:

(1) positive points for positive statements received;

(2) negative points for negative statements received;

and

(3) zero points for neutral statements received.

(d) The commission shall publish on its Internet website the

details of the scoring system used by the commission in accordance

with this section.

SECTION 2. Section 5.588, Water Code, as added by this Act,

applies only to a permit application submitted to the Texas

Commission on Environmental Quality on or after the effective date

of this Act.

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