BILL ANALYSIS C.S.S.B. 271 By: Ratliff Natural Resources 03-08-95 Committee Report (Substituted) BACKGROUND Current Texas law requires surface coal mining and reclamation permit applicants to report violations received only for operations within this state. Suspension and rescission occur only after a notice and opportunity for a hearing. Current federal law requires violations in any state to be reported when applying for the permit, and states are required to automatically suspend or rescind a permit if a violation remains unabated or penalty remains unpaid. PURPOSE As proposed, C.S.S.B. 271 requires the Railroad Commission of Texas to review its permit application process, and requires the commission to suspend or rescind, with notice, the permit of any violator of a state or federal surface coal mining regulations. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is granted to the Railroad Commission of Texas under SECTION 2 (Section 21a, Article 5920-11, V.T.C.S.). SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 6(b), Article 5920-11, V.T.C.S., to require the process of making and amending rules and issuing permits to be pursuant to the Administrative Procedure Act, Chapter 2001, Government Code. Provides that the Administrative Procedure Act does not apply to actions by the Railroad Commission of Texas (commission) relating to automatically suspending or rescinding a surface coal mining and reclamation permit (permit). Authorizes a permittee who is the subject of a suspension or rescission notice issued by the commission to file an appeal for administrative review of the notice as provided by commission rules. Requires the review to be governed by the Administrative Procedure Act. SECTION 2. Amends Section 21(c), Article 5920-11, V.T.C.S., to require the applicant to file, with the application, a schedule listing violations of any state or federal regulations in connection with environmental protection in connection with any surface coal mining operation, rather than only within the state. Requires the schedule to include all notices of violations of federal or state regulations and programs adopted under the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. 1201. Prohibits the permit from being issued if the applicant is still in violation of any state or federal surface coal mining regulations until proof of correction has been submitted. SECTION 3. Amends Article 5920-11, V.T.C.S., by adding Section 21a, as follows: Sec. 21a. SUSPENSION OR RESCISSION OF IMPROVIDENTLY ISSUED PERMITS. Authorizes the commission to adopt and enforce rules relating to suspension or rescission of improvidently issued permits that are consistent with and no less effective than federal regulations adopted under the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. 1201. SECTION 3. Effective date: September 1, 1995. SECTION 4. Emergency clause.