The bill, S.B. No. 429, amends Section 382.0518 of the Health and Safety Code to establish new requirements for the issuance of air quality permits for major stationary sources located in nonattainment areas, as defined by the federal Clean Air Act. It introduces two new subsections, (b-1) and (b-2). Subsection (b-1) mandates that the Texas Commission on Environmental Quality (TCEQ) conduct a thorough analysis of alternative locations, sizes, production processes, and environmental control techniques for proposed facilities. This analysis must demonstrate that the benefits of the facility significantly outweigh the environmental and social costs associated with its construction or modification. Additionally, the TCEQ is required to consider the cumulative impacts of issuing the permit without changes to the facility's proposed characteristics.

Subsection (b-2) clarifies the definitions of "major stationary source" and "major modification" by referencing the relevant federal regulations as they existed on January 1, 2025. The bill specifies that the new requirements 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 legislative change aims to enhance environmental protection in areas struggling to meet air quality standards while balancing the need for industrial development.

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