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| | 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. |