HB3997 - 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.

  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.