Bad Texas Lege Bill O Day- From Phil King - About TCEQ and Nuclear Power Plants Somervell County Salon-Glen Rose, Rainbow, Nemo, Glass....Texas


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Bad Texas Lege Bill O Day- From Phil King - About TCEQ and Nuclear Power Plants
 


16 March 2009 at 1:41:22 PM
salon

Not sure why Phil King is in on this, since he doesn't have any nuclear power plants in HIS back yard! But anyway, this came from Ken Kramer of Sierra Club.

One of the more egregious bills introduced this session, HB 2721 by Rep. Flynn, was introduced last Friday (thus far, I've seen no Senate companion). This bill would "streamline" the state process for issuing wastewater discharge and water rights permits for nuclear power plants in Texas - basically requiring TCEQ to finish processing any such permit within one year after the permit application was ruled "administratively complete" (all the appropriate application paperwork filed and reviewed). More egregious, however, is the fact that the bill would PROHIBIT TCEQ from referring any such permit to the State Office for Administrative Hearings for a contested case. In other words no affected party (such as a nearby landowner or a downstream water rights holder) would be able to challenge a proposed wastewater discharge or water rights permit in a contested case before an administrative law judge. This is a blatant attempt to curtail citizen rights in raising legitimate concerns about the issuance of any of these permits for a nuclear power plant.

If you are concerned about the push for nuclear power and/or if you want to support the rights of citizens to contest pollution control and water rights permits, then please put this bill on your list of bills to monitor and oppose.

If any one has information about why Rep. Flynn (whose district includes Greenville and Commerce) is carrying this legislation, I would appreciate getting that information. His district does not include any nuclear power plants, and - as far as I know - there is no nuclear power plant proposed for his area.

and here's the bill

81R10891 SMH-D
 
 By: FlynnH.B. No. 2721
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
 relating to the procedure used by the Texas Commission on
 Environmental Quality in acting on certain applications for a
 permit, permit amendment, or permit renewal for a nuclear electric
 generation facility.
        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.  NUCLEAR ELECTRIC GENERATION FACILITY
 PERMITTING. (a) The commission by rule shall implement reasonably
 streamlined processes for acting on an application for a permit,
 permit amendment, or permit renewal under Chapter 26 for a nuclear
 electric generation facility.
        (b)  Notwithstanding Section 26.021 or any other law, the
 commission may not refer any matter before the commission relating
 to an application for a permit, permit amendment, or permit renewal
 described by Subsection (a) to the State Office of Administrative
 Hearings.
        (c)  The permit processes authorized by this section must
 provide for acting on an application for a permit, permit
 amendment, or permit renewal not later than the first anniversary
 of the date the executive director determines the application to be
 administratively complete.
        SECTION 2.  Subchapter D, Chapter 11, Water Code, is amended
 by adding Section 11.156 to read as follows:
        Sec. 11.156.  NUCLEAR ELECTRIC GENERATION FACILITY
 PERMITTING. Section 5.559 applies to an application for a permit,
 permit amendment, or permit renewal under this chapter for a
 nuclear electric generation facility in the same manner as that
 section applies to an application for a permit, permit amendment,
 or permit renewal under Chapter 26 for such a facility.
        SECTION 3.  Not later than January 1, 2010, the Texas
 Commission on Environmental Quality shall adopt rules under
 Sections 5.559 and 11.156, Water Code, as added by this Act.
        SECTION 4.  This Act takes effect immediately if it receives
 a vote of two-thirds of all the members elected to each house, as
 provided by Section 39, Article III, Texas Constitution.  If this
 Act does not receive the vote necessary for immediate effect, this
 Act takes effect September 1, 2009.


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