By Uher H.B. No. 2743
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to statutory changes to obtain National Pollutant
1-3 Discharge Elimination System permit delegation.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Amend Section 26.003, Water Code, to read as
1-6 follows:
1-7 Sec. 26.003. POLICY OF THIS SUBCHAPTER. It is the policy of
1-8 this subchapter to maintain the quality of water in the state
1-9 consistent with the public health and enjoyment, the propagation
1-10 and protection of terrestrial and aquatic life, the protection of
1-11 historical and archeological properties, the operation of existing
1-12 industries, and the economic development of the state; to encourage
1-13 and promote the development and use of regional and areawide waste
1-14 collection, treatment, and disposal systems to serve the waste
1-15 disposal needs of the citizens of the state; and to require the use
1-16 of all reasonable methods to implement this policy.
1-17 SECTION 2. Amend Subchapter D, Chapter 26, Water Code, by
1-18 adding a new Section 26.134 to read as follows:
1-19 Sec. 26.134. INTERVENTION; COMMENTS ON SETTLEMENTS.
1-20 (a) This section applies to civil suits and administrative actions
1-21 instituted pursuant to Section 26.123(b), 26.123(c), 26.123(f),
1-22 26.124, or 26.136(h) alleging a violation of an NPDES permit or the
1-23 failure to obtain an NPDES permit.
2-1 (b) In an action identified in Subsection (a), the attorney
2-2 general and the commission may not oppose intervention by a person
2-3 who has standing to intervene. In an administrative action, the
2-4 commission may align parties with common interests to be on the
2-5 same side of the docket.
2-6 (c)(1) In an action identified in Subsection (a), before the
2-7 attorney general in a civil action or the commission in an
2-8 administrative action may approve an agreed final judgment, consent
2-9 order, voluntary settlement agreement, or other voluntary agreement
2-10 that would finally settle the action against a party, the attorney
2-11 general or the commission, whichever is appropriate, shall permit
2-12 the public to comment in writing on the proposed judgment or
2-13 agreement.
2-14 (2) Notices of the opportunity to comment shall be
2-15 published not later than the 30th day before the date on which the
2-16 public comment period closes. The commission shall publish a
2-17 notice in the Texas Register. The alleged violator shall publish a
2-18 notice in a newspaper of general circulation in the county in which
2-19 the alleged violation occurred, as identified by the commission.
2-20 (3) The attorney general or commission shall promptly
2-21 consider any written comments and may withdraw or withhold consent
2-22 to the proposed judgment, order, or agreement if the comments
2-23 disclose facts or considerations which the attorney general or
2-24 commission, as appropriate, believes indicate that the proposed
2-25 judgment, order, or agreement would be inadequate to meet, or
3-1 inconsistent with, the requirements of this chapter.
3-2 (4) No further notice of changes to the proposed
3-3 judgment, order, or agreement must be published if those changes
3-4 arise from comments submitted in response to the previous notice.
3-5 (5) This section applies only to agreed judgments,
3-6 consent orders, or voluntary agreements that would finally dispose
3-7 of all the issues remaining involving a party in the civil suit.
3-8 This section does not require public comment on a proposed
3-9 temporary restraining order, temporary injunction, emergency order,
3-10 or other emergency relief that is not a final judgment or final
3-11 order of the court or the commission.
3-12 SECTION 3. Section 5.053, Water Code, is amended to read as
3-13 follows:
3-14 Sec. 5.053. (a) A person is not eligible to serve on the
3-15 commission if the person or the person's spouse:
3-16 (1) is employed by or participates in the management
3-17 of a business entity or other organization regulated by the
3-18 commission or receiving funds from the commission;
3-19 (2) owns, controls, or has, directly or indirectly,
3-20 more than 10 percent interest in a business entity or other
3-21 organization regulated by the commission or receiving funds from
3-22 the commission; <or>
3-23 (3) uses or receives a substantial amount of tangible
3-24 goods, services, or funds from the commission; or
3-25 (4) receives, or has during the two previous years,
4-1 received a significant portion of income directly or indirectly
4-2 from holders of permits or applicants for permits issued by the
4-3 commission.
4-4 (b) In this section:
4-5 (1) Income is not received "directly or indirectly"
4-6 when it is derived from mutual fund payments or from other
4-7 diversified investments for which the recipient does not know the
4-8 identity of the primary sources of income.
4-9 (2) "Income" includes retirement benefits, consultant
4-10 fees, and stock dividends.
4-11 (3) "Holders of permits or applicants for permits"
4-12 does not include any state agency.
4-13 (4) "Significant portion of income" means 10 percent
4-14 or more of gross personal income for a calendar year, except that
4-15 it means 50 percent or more of gross personal income for a calendar
4-16 year if the recipient is over 60 years of age and is receiving that
4-17 portion under retirement, pension, or similar arrangement.
4-18 SECTION 4. Amend Section 26.029, Water Code, by adding a new
4-19 subsection (f) to read as follows:
4-20 (f) If a permittee holds a permit issued by the commission
4-21 that expires before an NPDES permit for the same discharge from a
4-22 facility that is classified as a major facility by the United
4-23 States Environmental Protection Agency, then the expiration date of
4-24 the state permit is extended to the expiration date of the NPDES
4-25 permit. If the NPDES permit for such a facility expires before the
5-1 state permit, the commission may cancel the state permit when it
5-2 issues an NPDES permit for the facility.
5-3 SECTION 5. Amend Section 26.0291 (effective until delegation
5-4 of NPDES permit authority), Water Code, to read as follows:
5-5 Sec. 26.0291. WASTE TREATMENT PROGRAM <INSPECTION> FEE.
5-6 (a) An annual waste treatment program <inspection> fee is imposed
5-7 on each permittee for each waste discharge permit held by the
5-8 permittee and on each registrant for each registration of an
5-9 activity granted by the commission. The fee is to supplement any
5-10 other funds available to pay expenses of the commission in
5-11 implementing the waste discharge program <inspecting waste
5-12 treatment facilities> and enforcing the laws of the state and the
5-13 rules of the commission, governing waste discharge, <and> waste
5-14 treatment facilities, and registered activities. The fee for each
5-15 year is imposed on each permit and on each registration in effect
5-16 during any part of the year.
5-17 (b) The commission, by rule, shall adopt a fee schedule for
5-18 determining the amount of the fee to be charged. The amount of the
5-19 fee may not exceed $15,000 <$11,000> for each waste discharge
5-20 permit held by a permittee and each registration held by a
5-21 registrant. In determining the amount of a fee under this section,
5-22 the commission may consider permitting and registration factors
5-23 such as flow volume, toxic pollutant potential, level of
5-24 traditional pollutants, <and> heat load, and scope of the
5-25 registered activity. The commission also may consider the
6-1 designated uses and segment ranking classification of the water
6-2 affected by discharges or stormwater runoff from the permitted or
6-3 registered facility. Finally, the commission also may consider the
6-4 expenses necessary to obtain and administer the NPDES program.
6-5 (c) The fees collected under this section shall be deposited
6-6 in a special fund in the state treasury known as the water quality
6-7 fund <waste treatment inspection fund>. Money in the fund shall be
6-8 used as follows:
6-9 (1) to supplement any other funds available for paying
6-10 the expenses of the commission in implementing the waste treatment
6-11 program <inspecting waste treatment facilities>;
6-12 (2) to pay for the issuance and renewal of
6-13 certificates of competency and to administer Section 26.0301 of
6-14 this code; <and>
6-15 (3) to pay for processing plans or amendments to plans
6-16 and inspecting the construction of projects under those plans
6-17 pursuant to Section 26.0461 of this code and rules of the
6-18 commission adopted under Sections 26.046 and 26.0461 of this code;
6-19 and
6-20 (4) to pay for any expenses of the commission
6-21 necessary to obtain and administer the NPDES program in lieu of the
6-22 federal government.
6-23 (d) The commission may adopt rules necessary to administer
6-24 this section.
6-25 (e) A fee collected under this section is in addition to any
7-1 other fee that may be charged under this chapter.
7-2 SECTION 6. Amend Section 26.0291 (effective on delegation of
7-3 NPDES permit authority), Water Code, to read as follows:
7-4 Sec. 26.0291. WASTE TREATMENT PROGRAM <INSPECTION> FEE.
7-5 (a) An annual waste treatment program <inspection> fee is imposed
7-6 on each permittee for each waste discharge permit held by the
7-7 permittee and on each registrant for each registration of an
7-8 activity granted by the commission. The fee is to supplement any
7-9 other funds available to pay expenses of the commission in
7-10 implementing the waste discharge program <inspecting waste
7-11 treatment facilities> and enforcing the laws of the state and the
7-12 rules of the commission, governing waste discharge, <and> waste
7-13 treatment facilities, and registered activities. The fee for each
7-14 year is imposed on each permit and on each registration in effect
7-15 during any part of the year.
7-16 (b) The commission by rule shall adopt a fee schedule for
7-17 determining the amount of the fee to be charged. The amount of the
7-18 fee may not exceed $25,000 <$15,000> for each waste discharge
7-19 permit held by a permittee and each registration held by a
7-20 registrant. In determining the amount of a fee under this section,
7-21 the commission may consider permitting and registration factors
7-22 such as flow volume, toxic pollutant potential, level of
7-23 traditional pollutants, <and> heat load, and scope of the
7-24 registered activity. The commission also may consider the
7-25 designated uses and segment ranking classification of the water
8-1 affected by discharges or stormwater runoff from the permitted or
8-2 registered facility. Finally, the commission also may consider the
8-3 expenses necessary to obtain and administer the NPDES program.
8-4 (c) The fees collected under this section shall be deposited
8-5 in a special fund in the state treasury known as the water quality
8-6 fund <waste treatment inspection fund>. Money in the fund shall be
8-7 used as follows:
8-8 (1) to supplement any other funds available for paying
8-9 the expenses of the commission in implementing the waste treatment
8-10 program <inspecting waste treatment facilities>;
8-11 (2) to pay for the issuance and renewal of
8-12 certificates of competency and to administer Section 26.0301 of
8-13 this code;
8-14 (3) to pay for processing plans or amendments to plans
8-15 and inspecting the construction of projects under those plans
8-16 pursuant to Section 26.0461 of this code and rules of the
8-17 commission adopted under Section 26.046 and 26.0461 of this code;
8-18 and
8-19 (4) to pay for any expenses of the commission
8-20 necessary to obtain and administer the NPDES program in lieu of the
8-21 federal government.
8-22 (d) The commission may adopt rules necessary to administer
8-23 this section.
8-24 (e) A fee collected under this section is in addition to any
8-25 other fee that may be charged under this chapter.
9-1 SECTION 7. (a) Except as provided by this section, this Act
9-2 takes effect only upon delegation to the state by the Administrator
9-3 of the United States Environmental Protection Agency of authority
9-4 to issue National Pollutant Discharge Elimination System permits.
9-5 (b) This Act operates prospectively. Section 2 does not
9-6 apply to civil suits or administrative actions instituted before
9-7 the effective date of this Act. Section 3 does not apply to a
9-8 person who was appointed to the commission or its predecessor
9-9 agency and confirmed by the senate prior to the effective date of
9-10 this Act.
9-11 (c) Section 5 of this Act takes effect on September 1, 1993.
9-12 SECTION 8. EMERGENCY. The importance of this legislation
9-13 and the crowded condition of the calendars in both houses create an
9-14 emergency and an imperative public necessity that the
9-15 constitutional rule requiring bills to be read on three several
9-16 days in each house be suspended, and this rule is hereby suspended.