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  89R431 JRR-F     By: Reynolds H.B. No. 853       A BILL TO BE ENTITLED   AN ACT   relating to the issuance of air quality permits for certain   facilities located in a nonattainment area.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 382.0518, Health and Safety Code, is   amended by adding Subsections (b-1) and (b-2) to read as follows:           (b-1)     This subsection applies only to the construction or   major modification of a facility that is a major stationary source   and is located or proposed to be located in an area designated as a   nonattainment area under the federal Clean Air Act (42 U.S.C.   Section 7401 et seq.). In making its finding under Subsection   (b)(2) as to whether emissions from the facility will contravene   the intent of this chapter, the commission shall:                 (1)     conduct an analysis of alternative locations,   sizes, production processes, and environmental control techniques   for the facility that demonstrates that the benefits of the   facility significantly outweigh the environmental and social costs   imposed as a result of the facility's location, construction, or   modification; and                 (2)     in conducting the analysis required under   Subdivision (1), consider the cumulative impacts that would result   from the issuance of the permit without changes to the site   location, size, production processes, and environmental control   techniques.           (b-2)     For purposes of Subsection (b-1), "major stationary   source" and "major modification" have the meanings assigned by 40   C.F.R. Section 51.165, as that section existed on January 1, 2025.          SECTION 2.  The change in law made by this Act applies only   to the issuance or amendment of a permit for which an application is   pending before the Texas Commission on Environmental Quality on or   after the effective date of this Act.          SECTION 3.  This Act takes effect September 1, 2025.