bill requiring an alternatives study before nonattainment air permits

The text as introduced · 292 words

89R431 JRR-F

By: Reynolds
H.B. No. 853

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, 2025.

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, 2025.