Bill Text: TX HB2370 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to procedures for certain permit applications submitted to the Texas Commission on Environmental Quality.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-15 - Referred to Environmental Regulation [HB2370 Detail]
Download: Texas-2021-HB2370-Introduced.html
87R3658 SLB-F | ||
By: Morales Shaw | H.B. No. 2370 |
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relating to procedures for certain permit applications submitted to | ||
the Texas Commission on Environmental Quality. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2003.047, Government Code, is amended by | ||
adding Subsection (d-1) and amending Subsection (e-2) to read as | ||
follows: | ||
(d-1) An applicant whose application has been referred for a | ||
contested case hearing to be held in accordance with this section | ||
may not request changes to the application after the 31st day before | ||
the date scheduled for the preliminary hearing on the application. | ||
If an applicant chooses to not proceed with the preliminary hearing | ||
on the application on or before the 31st day before the date | ||
scheduled for the preliminary hearing, the applicant must withdraw | ||
the application with or without prejudice in accordance with | ||
commission rule. If an applicant who has withdrawn an application | ||
without prejudice subsequently resubmits a revised application, | ||
the applicant must comply with applicable notice and other | ||
requirements in effect on the date the revised application is | ||
submitted to the commission. This subsection does not apply to a | ||
change made to an application for which: | ||
(1) a preliminary hearing has been held and parties to | ||
the hearing have been named; | ||
(2) all parties to the hearing have agreed in writing | ||
to the proposed changes; and | ||
(3) the applicant has complied with applicable notice | ||
requirements. | ||
(e-2) For a matter referred under Section 5.556 or 5.557, | ||
Water Code, the administrative law judge must complete the | ||
proceeding and provide a proposal for decision to the commission | ||
not later than the earlier of: | ||
(1) the 270th [ |
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preliminary hearing; or | ||
(2) the date specified by the commission. | ||
SECTION 2. Section 382.058(c), Health and Safety Code, is | ||
amended to read as follows: | ||
(c) For purposes of this section, only a representative of a | ||
school, place of worship, licensed day-care center, hospital, or | ||
medical facility or a person [ |
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request a hearing under Section 382.056 as a person who may be | ||
affected. The commission shall adopt rules establishing who | ||
qualifies as a representative of a school, place of worship, | ||
licensed day-care center, hospital, or medical facility under this | ||
section. | ||
SECTION 3. Section 5.115(a-1), Water Code, is amended to | ||
read as follows: | ||
(a-1) The commission shall adopt rules specifying factors | ||
which must be considered in determining whether a person is an | ||
affected person in any contested case arising under the air, waste, | ||
or water programs within the commission's jurisdiction and whether | ||
an affected association is entitled to standing in contested case | ||
hearings. For a matter referred under Section 5.556, the | ||
commission: | ||
(1) may consider: | ||
(A) [ |
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[ |
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the health, safety, and use of the property of the hearing | ||
requestor; | ||
(B) [ |
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the permit application and any supporting documentation; | ||
(C) [ |
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executive director; and | ||
(D) [ |
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opinions, or data submitted on or before any applicable deadline to | ||
the commission by the executive director, the applicant, or a | ||
hearing requestor; and | ||
(2) may not find that: | ||
(A) a group or association is an affected person | ||
unless the group or association identifies, by name and physical | ||
address in a timely request for a contested case hearing, a member | ||
of the group or association who would be an affected person in the | ||
person's own right; or | ||
(B) a hearing requestor is an affected person | ||
unless the hearing requestor timely submitted comments on the | ||
permit application. | ||
SECTION 4. Section 5.552, Water Code, is amended by | ||
amending Subsection (b) and adding Subsection (b-1) to read as | ||
follows: | ||
(b) Not later than the 30th day after the date the executive | ||
director determines the application to be administratively | ||
complete: | ||
(1) the applicant shall publish notice of intent to | ||
obtain a permit at least once in the newspaper of largest | ||
circulation in the county in which the facility to which the | ||
application relates is located or proposed to be located or, if the | ||
facility to which the application relates is located or proposed to | ||
be located in a municipality, at least once in a newspaper of | ||
general circulation in the municipality; [ |
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(2) the chief clerk of the commission shall mail | ||
notice of intent to obtain a permit to: | ||
(A) the state senator and representative who | ||
represent the general area in which the facility is located or | ||
proposed to be located; | ||
(B) the mayor and health authorities of the | ||
municipality in which the facility is located or proposed to be | ||
located; | ||
(C) the county judge and health authorities of | ||
the county in which the facility is located or proposed to be | ||
located; and | ||
(D) the river authority in which the facility is | ||
located or proposed to be located if the application is under | ||
Chapter 26, Water Code; and | ||
(3) the commission shall post a copy of the | ||
application on a publicly accessible Internet website. | ||
(b-1) The commission shall post a copy of the application as | ||
provided by Subsection (b)(3) on the same day that the chief clerk | ||
of the commission mails the notice as provided by Subsection | ||
(b)(2). The commission: | ||
(1) shall: | ||
(A) post any subsequent revision or supplement to | ||
the application as the revision or supplement becomes available; | ||
and | ||
(B) maintain the posting until the commission | ||
takes final action on the application; and | ||
(2) may not penalize the applicant in the application | ||
process if the commission fails to post or maintain the posting of | ||
the application materials. | ||
SECTION 5. The following provisions are repealed: | ||
(1) Sections 2003.047(i-1), (i-2), and (i-3), | ||
Government Code; and | ||
(2) Section 382.0291(d), Health and Safety Code. | ||
SECTION 6. The changes in law made by this Act apply only to | ||
an application submitted to the Texas Commission on Environmental | ||
Quality on or after the effective date of this Act. An application | ||
submitted to the Texas Commission on Environmental Quality before | ||
the effective date of this Act is governed by the law in effect at | ||
the time the application was filed, and the former law is continued | ||
in effect for that purpose. | ||
SECTION 7. This Act takes effect September 1, 2021. |