Enrolled Bill Summary

            House Bill 2912 changes the name of the Texas Natural Resource Conservation Commission to the Texas Commission on Environmental Quality, continues the commission until September 1, 2013, and includes sunset across-the-board recommendations. The bill includes other sunset recommendations, including the following:

• establishes a performance regulatory structure based on compliance history
• strengthens agency actions to reduce emissions from emissions events
• establishes a laboratory accreditation program
• establishes a mechanism for providing environmental research to support the commission's environmental regulatory policies
• requires greater public interest representation before the commission
• clarifies the executive director's role in contested cases
• expands the commission's ability to investigate and respond to complaints
• provides the commission with funding flexibility to better support its activities
• strengthens the commission's revenue management practices
• requires the commission to review solid waste disposal permits to assess compliance performance
• clarifies the commission's authority to certify water treatment specialists

            In addition to implementing sunset recommendations, the bill clarifies the commission's mission statement regarding economic development; establishes specific time frames for grandfathered facilities to become permitted and to reduce emissions; establishes the Texas Environmental Health Institute; prohibits the storage and disposal of hazardous waste in certain geological formations; and tightens the regulation of concrete and rock crushing facilities. The bill authorizes remedial action at a scrap tire site that threatens to release a hazardous substance; clarifies regulatory and operational requirements for solid waste facilities; requires a permit, instead of registration, to land apply Class B sewage sludge; requires secondary containment for certain underground storage tank systems; and establishes a regulatory approach for dealing with runoff and managing waste from dairy operations in the Lake Waco Watershed. The bill also makes changes relating to public hearings, public protection from cumulative risks, procurement contracts, and certain other administrative aspects of the commission's operation.