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A BILL TO BE ENTITLED
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AN ACT
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relating to regulation of greenhouse gas emissions by the Texas |
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Commission on Environmental Quality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 382, Health and Safety |
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Code, is amended by adding Section 382.069 to read as follows: |
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Sec. 382.069. GREENHOUSE GAS EMISSIONS PERMITTING. (a) In |
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this section, "greenhouse gas" means: |
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(1) carbon dioxide; |
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(2) methane; |
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(3) nitrous oxide; and |
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(4) hydrofluorocarbons, perfluorocarbons, and sulfur |
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hexafluoride. |
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(b) The commission by rule shall adopt a program to allow |
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the commission to assume authority for issuing permits, including |
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preconstruction and federal operating permits, that include the |
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regulation of greenhouse gas emissions in accordance with federal |
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law. |
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(c) As part of the program under Subsection (b), the |
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commission shall develop measures to streamline the authorization |
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process for permits, such as the use of general permits, standard |
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permits, and presumptive best available control technology, that |
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the commission determines are warranted for certain greenhouse gas |
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emissions source categories. |
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(d) If it is determined that greenhouse gas emissions are no |
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longer required to be regulated under federal law, on the effective |
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date of the determination: |
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(1) the commission shall immediately cease: |
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(A) issuing and requiring permits that include |
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regulation of greenhouse gas emissions; and |
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(B) enforcing permit provisions regulating |
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greenhouse gas emissions; |
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(2) a person subject to permit provisions regulating |
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greenhouse gas emissions is no longer required to comply with those |
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provisions; and |
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(3) rules adopted by the commission to regulate |
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greenhouse gas emissions are invalid. |
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SECTION 2. (a) The Texas Commission on Environmental |
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Quality shall adopt the program required by Section 382.069, Health |
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and Safety Code, as added by this Act, as soon as possible after the |
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effective date of this Act. |
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(b) The adoption of a program under Section 382.069, Health |
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and Safety Code, as added by this Act, does not affect the validity |
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of a permit regulating greenhouse gas emissions issued by the |
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United States Environmental Protection Agency: |
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(1) before the effective date of the program; or |
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(2) on or after the effective date of the program if |
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the application for the permit was filed with that agency before the |
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effective date of the program. |
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SECTION 3. 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. |