BILL ANALYSIS H.B. 2843 By: R.Lewis 4-3-95 Committee Report (Amended) BACKGROUND Water pollution control in Texas is a federally delegated regulatory function administered by the Texas Resource Conservation Commission. Federal requirements must be met in the state regulations adopted by TNRCC. TNRCC has proposed rules in the past that exceed federal requirements in this state administered federal program. PURPOSE To assure consistency in federal and state regulations, eliminating unnecessary burdens on permitted activities in Texas, except when TNRCC makes a finding that the federal regulations are substantially inadequate to protect the state environment. 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 5.103 of the Water Code by adding subsections (d) and (e) as follows: (d) Prohibits the TNRCC from adopting or amending a rule which is more stringent than federal regulations unless are no federal regulations applicable, the more stringent rule is necessary to address a unique state situation, or the federal regulation is substantially inadequate to ensure necessary environmental protection; (e) Requires the TNRCC to publish a detailed statement for the grounds for any proposed state rule which is more stringent than federal regulations. Section 2. (a) Requires the TNRCC to list all TNRCC rules in effect September 1, 1995 which are more stringent than federal regulations, that meet an exception, including the detailed statement under 5.103(d) as added by this bill. (b) Exempts the requirements of Sections 2001.024(4) and (5), Government Code for notice for the rule required to be adopted by subsection (a) of this section. (c) Provides that any TNRCC rule in effect, which is more stringent than federal regulation dealing with the same matter and which is not listed in the order required by subsection (a) expires on the date the final rule adopting the order takes effect. Section 3. Effective date. Section 4. Emergency clause. EXPLANATION OF AMENDMENTS At Section 2(a)(2), page 2, line 10, changes the words "Section 5.103(d)" to "Section 5.103(e)". SUMMARY OF COMMITTEE ACTION H.B.2843 was considered by the committee in a public hearing on April 3, 1995. The following persons testified in favor of the bill: Mr. Ronald E. Hudson, representing City of Houston; Mr. Monte Akers, representing the Texas Municipal League; Mr. Bill Powers, representing Texas Farm Bureau; Mr. Jack Fickessen, representing Texas Water Partnership. The following persons testified against the bill: None (0). The following persons testified on the bill: None (0). The committee considered one (1) amendment to the bill. The amendment was adopted without objection. The bill was reported favorably as amended, with the recommendation that it do pass and be printed, by a record vote of 7 ayes, 0 nays, 0 pnv, and 2 absent.