relating to the continuation and functions of the Texas Commission
on Environmental Quality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 382.05101, Health and Safety Code, is
amended to read as follows:
Sec. 382.05101. DE MINIMIS AIR CONTAMINANTS. The
commission may develop by rule the criteria to establish a de
minimis level of air contaminants for facilities or groups of
facilities below which the following types of permits are not
required:
(1) a permit under Section 382.0518 or 382.0519;
(2) [,] a standard permit under Section 382.05195,
[or] 382.05198, or 382.051985; or
(3) [, or] a permit by rule under Section 382.05196 [is
not required].
SECTION 2. Section 382.0511(c), Health and Safety Code, is
amended to read as follows:
(c) The commission may authorize changes in a federal source
to proceed before the owner or operator obtains a federal operating
permit or revisions to a federal operating permit if:
(1) the changes are de minimis under Section
382.05101; or
(2) the owner or operator:
(A) has obtained a preconstruction permit or
permit amendment required by Section 382.0518; or
(B) is operating under:
(i) a standard permit under Section
382.05195, [or] 382.05198, or 382.051985;
(ii) a permit by rule under Section
382.05196; or
(iii) an exemption allowed under Section
382.057.
SECTION 3. Subchapter C, Chapter 382, Health and Safety
Code, is amended by adding Section 382.051985 to read as follows:
Sec.382.051985.STANDARD PERMIT FOR CERTAIN TEMPORARY
CONCRETE PLANTS FOR PUBLIC WORKS. (a) The commission shall issue a
standard permit that meets the requirements of Section 382.05195
for a temporary concrete plant that performs wet batching, dry
batching, or central mixing to support a public works project. A
plant operating under the permit:
(1)may not support a project that is not related to
the public works project; and
(2)must be located in or contiguous to the
right-of-way of the public works project.
(b)A plant permitted under this section may occupy a
designated site for not more than 180 consecutive days or to supply
material for a single project, but not other unrelated projects.
SECTION 4. Section 382.056, Health and Safety Code, is
amended by adding Subsection (k-2) to read as follows:
(k-2)Notwithstanding any other law, if the commission
holds a public meeting for a permit application for which
consolidated notice was issued under this subchapter, the
commission shall hold open the public comment period and the period
for which a contested case hearing may be requested for the permit
application for at least 36 hours after the end of the meeting.
SECTION 5. Section 5.014, Water Code, is amended to read as
follows:
Sec. 5.014. SUNSET PROVISION. The Texas Commission on
Environmental Quality is subject to Chapter 325, Government Code
(Texas Sunset Act). Unless continued in existence as provided by
that chapter, the commission is abolished [and this chapter
expires] September 1, 2035 [2023].
SECTION 6. Section 5.0535, Water Code, is amended by
amending Subsection (b) and adding Subsection (d) to read as
follows:
(b) The training program must provide the person with
information regarding:
(1) the law governing [legislation that created the]
commission operations;
(2) the programs, functions, rules, and budget of
[operated by] the commission;
(3) the scope of and limitations on the rulemaking
Statutes affected: Introduced: Health and Safety Code 382.05101, Health and Safety Code 382.0511, Health and Safety Code 382.05199, Health and Safety Code 382.056, Water Code 5.014, Water Code 5.0535, Water Code 5.113, Water Code 5.129, Water Code 5.552, Water Code 5.754, Water Code 11.1471, Water Code 49.011 (Water Code 49, Water Code 11, Health and Safety Code 382, Water Code 5) Senate Committee Report: Health and Safety Code 361.0666, Health and Safety Code 361.0791, Health and Safety Code 382.05101, Health and Safety Code 382.0511, Health and Safety Code 382.056, Water Code 5.014, Water Code 5.0535, Water Code 5.113, Water Code 5.129, Water Code 5.552, Water Code 5.754, Water Code 7.052, Water Code 11.1471, Water Code 49.011 (Water Code 49, Water Code 5, Water Code 7, Water Code 11, Health and Safety Code 361, Health and Safety Code 382) Engrossed: Health and Safety Code 361.0666, Health and Safety Code 361.0791, Health and Safety Code 382.05101, Health and Safety Code 382.0511, Health and Safety Code 382.056, Water Code 5.014, Water Code 5.0535, Water Code 5.113, Water Code 5.129, Water Code 5.552, Water Code 5.754, Water Code 7.052, Water Code 11.1471, Water Code 49.011 (Water Code 49, Water Code 5, Water Code 7, Water Code 11, Health and Safety Code 361, Health and Safety Code 382) House Committee Report: Health and Safety Code 382.05101, Health and Safety Code 382.0511, Health and Safety Code 382.056, Water Code 5.014, Water Code 5.0535, Water Code 5.113, Water Code 5.129, Water Code 5.754, Water Code 7.052, Water Code 11.1471, Water Code 49.011 (Water Code 49, Water Code 5, Water Code 7, Water Code 11, Health and Safety Code 361, Health and Safety Code 382) Enrolled: Health and Safety Code 382.05101, Health and Safety Code 382.0511, Health and Safety Code 382.056, Water Code 5.014, Water Code 5.0535, Water Code 5.113, Water Code 5.129, Water Code 5.754, Water Code 7.052, Water Code 11.1471, Water Code 49.011 (Water Code 49, Wa