BILL ANALYSIS C.S.H.B. 2386 By: Dukes 4-11-95 Committee Report (Substituted) BACKGROUND Reporting requirements for the Texas Natural Resource Conservation Commission (TNRCC) are varied, and in some cases incomplete. Eight reports are due biennially in odd-numbered years, three biennially in even-numbered years, and eight annually. Some reports do not specify recipients; some have no specific due date. In addition, there are reporting requirements for agencies that no longer exist. In its Interim Report to the 74th Legislature, the House Committee on Environmental Regulation recommended that the reporting requirements for TNRCC be cleaned up and consolidated. PURPOSE HB 2386 will consolidate reporting requirements for the TNRCC and delete from statute reporting requirements that are obsolete. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1: Amends Section 5.178, Water Code, as follows: (a) Requires a written annual report including an annual appendix detailing the income, expenditures, and programs funded by the used oil recycling fund. (b) Requires that in odd-numbered years the annual report shall include recommendations for necessary legislation and certain appendixes which replace current various reports. SECTION 2: Section 26.0135 (d), Water Code, is amended to change due date of the report that summarizes each river authority's assessment report from December 1, even-numbered years to January 1, odd-numbered years and calls for it to be included in the biennial appendix to the annual report. SECTION 3: Section 26.349 (b), Water Code, is amended to change the annual compilation of reported releases from an annual report to a biennial appendix in the annual report. SECTION 4: Section 361.020, Health and Safety Code, is amended by adding subsection (g) which calls for the comprehensive statewide strategic plan to be included in the biennial appendix. SECTION 5: Section 361.0219 (c), Health and Safety Code, is amended to change the waste exchange plan report from annual to a part of the biennial appendix. SECTION 6. Section 361.0234, Health and Safety Code is amended to provide that the update of assessments and related rules be included in the biennial appendix. SECTION 7. Section 361.034 (a), Health and Safety Code, is amended to include the report on municipal solid waste in the biennial appendix. SECTION 8. Section 361.038, Health and Safety Code, is amended to change the annual inspection report to be a part of the biennial appendix. SECTION 9. Section 361.485, Health and Safety Code, is amended to include the scrap tire report in the biennial appendix. SECTION 10. Section 361.510, Health and Safety, is amended to include the report on source reduction and waste minimization programs in the biennial appendix. SECTION 11. Section 371.063, Health and Safety Code, is amended to include the report on the used oil recycling fund as an annual appendix. SECTION 12. Section 382.141, Health and Safety Code, is amended to include the alternative fuels report in the biennial appendix. SECTION 13. Section 5.02, Chapter 133, Acts of the 69th Legislature, Regular Session, 1985, is amended to include the report on the activities relating to the creation of underground water districts in the biennial appendix. SECTION 14. The first annual report is due January 1, 1997. SECTION 15. Effective date: September 1, 1995. SECTION 16. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE HB 2386, as filed, included the used oil recycling fund report in the biennial appendix. The Committee substitute changes it to an annual appendix. The committee substitute also deletes references to "compressed natural gas" in the alternative fuels appendix in SECTION 12, in order to conform with SB 200 which is already passed. SUMMARY OF COMMITTEE ACTION HB 2386 was considered by the House Committee on Environmental Regulation in a public hearing on March 21, 1995. Without objection, HB 2386 was left pending. HB 2386 was considered by the House Committee on Environmental Regulation in a public hearing on April 11, 1995. The committee considered a complete substitute for the bill. HB 2386 was reported favorably as substituted with the recommendation that it do pass and be printed and sent to the Committee on Local and Consent Calendars, by a record vote of nine (9) ayes, no (0) nays, no (0) pnv, and no (0) absent.