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AN ACT
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relating to the period after which a preconstruction permit issued |
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or renewed by the Texas Commission on Environmental Quality under |
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the Texas Clean Air Act is subject to review. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (a), Section 382.055, Health and |
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Safety Code, is amended to read as follows: |
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(a) A preconstruction permit issued or renewed by the |
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commission is subject to review to determine whether the authority |
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to operate should be renewed according to the following schedule: |
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(1) a preconstruction permit issued before December 1, |
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1991, is subject to review not later than 15 years after the date of |
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issuance; |
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(2) a preconstruction permit issued on or after |
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December 1, 1991, is subject to review: |
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(A) every 10 years after the date of issuance; or |
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(B) on the filing of an application for an |
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amendment to the permit, if: |
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(i) the applicant is subject to Section |
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382.056; |
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(ii) the application is filed with the |
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commission not more than three years before the date the permit is |
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scheduled to expire; and |
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(iii) the applicant does not object to |
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having the permit subjected to review at that time; and |
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(3) for cause, a preconstruction permit issued on or |
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after December 1, 1991, for a facility at a nonfederal source may |
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contain a provision requiring the permit to be renewed at a period |
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of between five and 10 years. |
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SECTION 2. 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, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1673 passed the Senate on |
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April 12, 2007, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 9, 2007, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1673 passed the House, with |
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amendment, on May 4, 2007, by the following vote: Yeas 140, |
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Nays 0, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |