legislators can force public comment on air permits

The text as introduced · 472 words

89R10011 KRM-D

By: Alvarado
S.B. No. 1176

A BILL TO BE ENTITLED

AN ACT

relating to a request by a member of the legislature for an

opportunity for public comment on certain air permits.

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

SECTION 1. Section 382.056, Health and Safety Code, is

amended by amending Subsections (g) and (g-1) and adding

Subsections (g-2) and (g-3) to read as follows:

(g) If, in response to the notice published under Subsection

(a) for a permit or permit amendment under Section 382.0518 or a

permit renewal review under Section 382.055, a person requests

during the period provided by commission rule that the commission

hold a public hearing and the request is not withdrawn before the

date the preliminary decision is issued, the applicant shall

publish notice of the preliminary decision in a newspaper, and the

commission shall seek public comment on the preliminary decision.

The commission shall consider the request for public hearing under

the procedures provided by Subsections (i)-(n).

(g-1) Except as provided by Subsection (g-2), the [ The ]

commission may not seek further public comment or hold a public

hearing under the procedures provided by Subsections (i)-(n) in

response to a request for a public hearing on an amendment,

modification, or renewal that would not result in an increase in

allowable emissions and would not result in the emission of an air

contaminant not previously emitted.

(g-2) The commission shall seek public comment under the

procedures provided by Subsections (i)-(l) regarding an amendment,

modification, or renewal described by Subsection (g-1) if the

commission receives a request for a public comment period from a

member of the legislature who represents the general area in which

the facility is located or proposed to be located.

(g-3) [ (g-1) ] The notice of intent required by Subsection

(a) and the notice of the preliminary decision described by

Subsection (g) may be consolidated into one notice if:

(1) not later than the 15th day after the date the

application for which the notice is required is received, the

commission determines the application to be administratively

complete; and

(2) the preliminary decision and draft permit related

to the application are available at the time of the commission's

determination under Subdivision (1).

SECTION 2. Section 382.056(g-2), Health and Safety Code, as

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

permit amendment, or permit renewal that is filed with the Texas

Commission on Environmental Quality on or after the effective date

of this Act. An application for a permit, permit amendment, or

permit renewal filed before the effective date of this Act is

governed by the law in effect on the date of filing, and that law is

continued in effect for that purpose.

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