Relating to permit application review and contested case procedures for environmental permits involving a project to construct or modify a liquefied natural gas export terminal; authorizing a fee.

89(R) HB 3997 - Introduced version - Bill Text

89R15089 JRR-D

By: Patterson

H.B. No. 3997

A BILL TO BE ENTITLED

AN ACT

relating to permit application review and contested case procedures

for environmental permits involving a project to construct or

modify a liquefied natural gas export terminal; authorizing a fee.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter M, Chapter 5, Water Code, is amended

by adding Section 5.559 to read as follows:

Sec.

5.559.

PROCEDURES FOR PERMIT APPLICATION REVIEW AND

CONTESTED CASES INVOLVING PROJECT TO CONSTRUCT OR MODIFY LIQUEFIED

NATURAL GAS EXPORT TERMINAL. (a) This section applies only to a

permit application filed with the commission for a project to

construct or modify a liquefied natural gas export terminal.

(b)

The commission by rule shall establish an expedited

permit application review process for permit applications

described by Subsection (a).

Rules adopted under this subsection

must require an applicant who elects the expedited permit

application review process to pay an additional fee in an amount the

commission determines is necessary to cover the costs of the

expedited review.

(c)

Not later than the 120th day after the close of the

public comment period for a permit application described by

Subsection (a), the executive director shall issue a written

response to any relevant and material public comments received

during the public comment period.

(d)

Notwithstanding any other law, if a party requests a

contested case hearing involving a permit application described by

Subsection (a), the commission shall delegate to the State Office

of Administrative Hearings the responsibility to conduct the

contested case hearing.

The provisions of Chapter 2001, Government

Code, and Section 2003.047 of that code apply to a contested case

hearing held under this subsection to the extent not inconsistent

with this section or rules adopted under this section.

(e)

In a request for a contested case hearing under this

section, the party requesting the hearing must specify each reason

the party is an affected person as defined by Section 5.115(a). In

determining whether a party is an affected person, the

administrative law judge may only consider the reasons specified by

the party in the party's request for a contested case hearing.

(f)

In a contested case under this section, an

administrative law judge shall hold a preliminary hearing for the

case not later than the 30th day after the date the commission

refers the case to the administrative law judge, provided that the

judge may grant one extension of the time, not to exceed 15 days, on

request of any party.

(g)

The commission shall adopt rules as necessary to

implement this section.

(h)

To the extent of a conflict between this section and

another law, this section controls.

SECTION 2. The change in law made by this Act applies only

to a permit application described by Section 5.559(a), Water Code,

as added by this Act, that is filed with the Texas Commission on

Environmental Quality on or after the effective date of this Act. A

permit application described by Section 5.559(a), Water Code, as

added by this Act, that is pending on the effective date of this Act

is governed by the law in effect at the time the application was

filed, and the former law is continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2025.