88(R) HB 3433 - Introduced version - Bill Text

	88R12343 JRR-F
	By:  Reynolds	H.B.  No.  3433

	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, 2023.
	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, 2023.