(a) Notice of proposed stationary CNG installations.
  (1) For a proposed installation with an aggregate storage capacity of 84,500 standard cubic feet or more, an applicant shall send a copy of the filings required under §13.25 of this title (relating to Filings Required for Stationary CNG Installations) by certified mail, return receipt requested or otherwise delivered, to all owners of real property situated within 500 feet of any proposed container location at the same time the originals are filed with AFS.
    (A) AFS shall consider the notice to be sufficient when the applicant has provided evidence that copies of a complete application have been mailed or otherwise delivered to all real property owners.
    (B) The applicant or licensee may obtain names and addresses of owners from current county tax rolls.
  (2) An applicant shall notify owners of real property situated within 500 feet of the proposed container location if:
    (A) the current aggregate storage capacity of the installation is more than doubled in a 12-month period; or
    (B) the resulting aggregate storage capacity of the installation will be more than 1,014,000 standard cubic feet.
(b) Objections to proposed stationary CNG installations.
  (1) Each owner of real property receiving notice of a proposed installation pursuant to subsection (a) of this section shall have 18 calendar days from the date the notice is postmarked to file a written objection with AFS using the CNG Form 1500A sent to them by the applicant. An objection is considered timely filed when it is actually received by the Commission. AFS shall review all objections within 10 business days of receipt. An objection shall be in writing and shall include a statement of facts showing that the proposed installation:
    (A) does not comply with the rules in this chapter, specifying which rules are violated;
    (B) does not comply with the statutes of the State of Texas, specifying which statutes are violated; or
    (C) constitutes a danger to the public health, safety, and welfare, specifying the exact nature of the danger. For purposes of this section, "danger" means an imminent threat or an unreasonable risk of bodily harm, but does not mean diminished property or esthetic values in the area.
  (2) Upon review of the objection, AFS shall:
    (A) request a public hearing as specified in §13.71 of this title (relating to Hearing for Denial, Suspension, or Revocation of Licenses, Manufacturer Registrations, or Certificates); or
    (B) notify the objecting party in writing within 10 business days of receipt requesting further information for clarification and stating why the objection is not valid. The objecting entity shall have 10 calendar days from the postmark of AFS' letter to file its corrected objection. Clarification of incomplete or non-substantive objections shall be limited to two opportunities. If new objections are raised in the objecting party's clarification, the new objections shall be limited to one notice of correction.
(c) Hearings on stationary CNG installations.
  (1) Reason for hearing. AFS shall call a public hearing if:
    (A) AFS receives an objection that complies with subsection (b) of this section; or
    (B) AFS determines that a hearing is necessary to investigate the impact of the installation.
  (2) Notice of public hearing. The Hearings Division shall give notice of the public hearing at least 21 calendar days prior to the date of the hearing to the applicant and to all real property owners who were required to receive notice of the proposed installation under subsection (a) of this section.
  (3) Procedure at hearing. The public hearing shall be conducted pursuant to Chapter 1 of this title (relating to Practice and Procedure).
  (4) Hearing findings. If the Railroad Commission finds after a public hearing that the proposed installation complies with the rules in this chapter and the statutes of the State of Texas, and does not constitute a danger to the public health, safety, and welfare, the Railroad Commission shall issue an interim approval order. The construction of the installation and the setting of the container shall not proceed until the applicant has received written notification of the interim approval order. Any interim approval order shall include a provision that such approval may be suspended or revoked if:
    (A) the applicant has introduced CNG into the system prior to final approval; or
    (B) a physical inspection of the installation indicates that it is not installed in compliance with the submitted plat drawing for the installation, the rules in this chapter, or the statutes of the State of Texas; or
    (C) the installation constitutes a danger to the public health, safety, and welfare.

Source Note: The provisions of this §13.26 adopted to be effective February 15, 2021, 46 TexReg 1035