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89(R) SB 2037 - Enrolled version - Bill Text
S.B. No. 2037
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. Section 5.555, Water Code, is amended by adding
Subsection (a-1) to read as follows:
(a-1)
With respect to a permit application filed with the
commission for a project to construct or modify a liquefied natural
gas export terminal or a renewal of that permit, the executive
director shall provide each response required by Subsection (a) not
later than the 120th day after the close of the public comment
period.
SECTION 2. 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. The additional fee collected pursuant to this
subsection is considered part of the application fee and shall be
deposited and used in the manner provided for the application fee.
(c)
The commission may authorize the use of overtime,
full-time equivalent commission employees to support the expedited
processing of permit applications under Subsection (b), or contract
labor to process those expedited applications. The overtime,
full-time equivalent commission employees, or contract labor
authorized under this subsection is not included in the calculation
of the number of full-time equivalent commission employees allotted
under other law.
(d)
The commission may pay for compensatory time, overtime,
full-time equivalent commission employees supporting the expedited
processing of permit applications under Subsection (b), or contract
labor used to implement that subsection. The commission is
authorized to set the rate for overtime compensation for full-time
equivalent commission employees supporting the expedited
processing of permit applications under Subsection (b).
(e)
In a request for a contested case hearing involving a
permit application described by Subsection (a), the party
requesting the hearing must specify each reason the party is an
affected person as defined by Section 5.115(a).
(f)
In a contested case involving a permit application
described by Subsection (a), an administrative law judge shall
conduct a preliminary hearing not later than the 60th day after the
date the executive director refers the application to the State
Office of Administrative Hearings, 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.
SECTION 3. Section 382.056, Health and Safety Code, is
amended by amending Subsection (n) and adding Subsection (n-1) to
read as follows:
(n) Except as provided by Section 382.0561, the commission
shall consider a request that the commission reconsider the
executive director's decision or hold a
contested case
[
public
]
hearing in accordance with the procedures provided by Sections
5.556 and 5.557, Water Code.
(n-1)
With respect to a permit application filed with the
commission under Section 382.0518 for a project to construct or
modify a liquefied natural gas export terminal or for renewal of a
permit issued to a liquefied natural gas export terminal under
Section 382.055:
(1)
the requirements of Section 5.559, Water Code,
apply;
(2)
the commission shall adopt rules as necessary to
implement Subdivision (1); and
(3)
the executive director shall provide each response
required by Subsection (l) not later than the 120th day after the
close of the public comment period.
SECTION 4. The change in law made by this Act applies only
to a permit application for a project to construct or modify a
liquefied natural gas export terminal or a renewal of that permit
that is filed with the Texas Commission on Environmental Quality on
or after the effective date of this Act. A permit application for a
project to construct or modify a liquefied natural gas export
terminal or a renewal of that permit 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 5. This Act takes effect September 1, 2025.
______________________________
______________________________
President of the Senate
Speaker of the House
I hereby certify that S.B. No. 2037 passed the Senate
on April 24, 2025, by the following vote: Yeas 29, Nays 2; and
that the Senate concurred in House amendments on May 26, 2025, by
the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2037 passed the House, with
amendments, on May 21, 2025, by the following vote: Yeas 109,
Nays 29, three present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor