H.B. No. 853 amends the Health and Safety Code by adding new subsections to Section 382.0518, which pertains to the issuance of air quality permits for facilities located in nonattainment areas. The new provisions, specifically Subsections (b-1) and (b-2), require that for the construction or major modification of a major stationary source in a nonattainment area, the Texas Commission on Environmental Quality (TCEQ) must conduct a thorough analysis of alternative locations, sizes, production processes, and environmental control techniques. This analysis must demonstrate that the benefits of the facility significantly outweigh the environmental and social costs associated with its location and construction. Additionally, the TCEQ is required to consider the cumulative impacts of issuing the permit without changes to the facility's characteristics.

The bill also defines "major stationary source" and "major modification" according to federal regulations as they existed on January 1, 2025. The changes introduced by this Act will apply only to permit applications pending before the TCEQ on or after the effective date of the Act, which is set for September 1, 2025. This legislation aims to enhance environmental protection by ensuring that the potential impacts of new or modified facilities in nonattainment areas are carefully evaluated.

Statutes affected:
Introduced: Health and Safety Code 382.0518 (Health and Safety Code 382)