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A BILL TO BE ENTITLED
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AN ACT
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relating to permitting of greenhouse gas emissions by the Texas |
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Commission on Environmental Quality; limiting the amount of a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The legislature finds that in the interest of the |
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continued vitality and economic prosperity of this state, the Texas |
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Commission on Environmental Quality, because of its technical |
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expertise and experience in processing air quality permit |
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applications, is the preferred permitting authority for emissions |
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of greenhouse gases. |
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SECTION 2. Section 382.0205, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 382.0205. SPECIAL PROBLEMS RELATED TO AIR CONTAMINANT |
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EMISSIONS. Consistent with applicable federal law, the commission |
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by rule may control air contaminants as necessary to protect |
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against adverse effects related to: |
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(1) acid deposition; and |
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(2) stratospheric changes, including depletion of |
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ozone[; and
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[(3) climatic changes, including global warming]. |
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SECTION 3. Subchapter C, Chapter 382, Health and Safety |
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Code, is amended by adding Section 382.05102 to read as follows: |
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Sec. 382.05102. PERMITTING AUTHORITY OF COMMISSION; |
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GREENHOUSE GAS EMISSIONS. (a) In this section, "greenhouse gas |
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emissions" means emissions of: |
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(1) carbon dioxide; |
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(2) methane; |
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(3) nitrous oxide; |
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(4) hydrofluorocarbons; |
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(5) perfluorocarbons; and |
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(6) sulfur hexafluoride. |
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(b) To the extent that greenhouse gas emissions require |
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authorization under federal law, the commission may authorize |
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greenhouse gas emissions in a manner consistent with Section |
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382.051. |
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(c) The commission shall: |
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(1) adopt rules to implement this section, including |
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rules specifying the procedures to transition to review by the |
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commission any applications pending with the United States |
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Environmental Protection Agency for approval under 40 C.F.R. |
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Section 52.2305; and |
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(2) prepare and submit appropriate federal program |
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revisions to the United States Environmental Protection Agency for |
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approval. |
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(d) The permit processes authorized by this section are not |
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subject to the requirements relating to a contested case hearing |
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under this chapter, Chapter 5, Water Code, or Subchapters C-G, |
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Chapter 2001, Government Code. |
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(e) If authorization to emit greenhouse gas emissions is no |
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longer required under federal law, the commission shall: |
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(1) repeal the rules adopted under Subsection (c); and |
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(2) prepare and submit appropriate federal program |
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revisions to the United States Environmental Protection Agency for |
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approval. |
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SECTION 4. Section 382.0621, Health and Safety Code, is |
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amended by adding Subsection (f) to read as follows: |
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(f) The commission may impose fees for emissions of |
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greenhouse gas only to the extent the fees are necessary to cover |
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the commission's additional reasonably necessary direct costs of |
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implementing Section 382.05102. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |