BILL ANALYSIS



C.S.S.B. 1683
By: Nixon (Howard)
May 15, 1995
Committee Report (Substituted)


BACKGROUND


The Used Oil Recycling program was created by Acts 1991, 72nd Leg.,
ch. 303, eff. Sept. 1, 1991 and amended by Acts 1993, 73rd Leg.,
ch. 899, eff. Oct. 1, 1993.  At the time the program was
established, the Environmental Protection Agency (EPA) had not
promulgated their final rules related to used oil or oil filters. 
The rules, once adopted, were inconsistent with Texas' law and with
the rules adopted by the Texas Natural Resource Conservation
Commission (TNRCC).  The original legislation addressed used oil;
no provisions were made for used oil filters.  Subsequent to the
enactment of legislation, the TNRCC adopted rules regarding used
oil and used oil filters (18 TexReg 6493, effective Oct. 6, 1993)
that are among the most stringent in the nation.

The current eight cent per gallon fee attached to the sale of oil
has raised approximately 
$8 million per year.  The fund has returned an average of $2.6
million per year, for the past four years, to the state's general
revenue fund.  The TNRCC has used up to 20 percent of the fund for
administrative costs.  There have been 60 direct grants made to
local governments for a total of $2,474,212 since the beginning of
the grant program in 1992.  In 1993 additional grants were made to
Councils of Government for a total of $1,518,940 of which 62% of
the total was re-distributed to local communities for used oil
collection.

PURPOSE

SB 1683 will make Texas' regulations consistent with federal
standards, provide more specific legislative direction for the
management of used oil filters, and create an incentive program for
private industry through which more used oil collection centers
will be established.  SB 1683 will also cap administrative costs,
reduce available funds through a lower fee on motor oil, and
provide for a fee sunset.


RULEMAKING AUTHORITY

It is the committee's opinion that this bill expressly grants
rulemaking authority to the Texas Natural Resource Conservation
Commission (TNRCC) in SECTION 4 [Sec. 371.028, Health & Safety
Code] and SECTION 10 [Sec. 361.432, Health & Safety Code] of the
bill.

It is also the committee's opinion that this bill does not
expressly grant rulemaking authority, but modifies existing
rulemaking authority of the TNRCC in SECTION 4 of the bill [Sec.
371.023, Sec. 371.024, and Sec. 371.026, Health & Safety Code].


SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 371.001 and 371.002, Health & Safety
Code, as follows:

Sec. 371.001 amends the short title of this act from Used Oil
Collection, Management, and Recycling Act to Texas Used Oil
Collection, Management, and Recycling Act.

Amends Section 371.002, Health and Safety, by deleting existing
findings and adding new findings as follows:
     (1) when properly managed and recycled, used oil is a valuable
energy resource
     (2) used oil can be recycled into a number of different
     products
     (3) improper disposal of used oil is a significant
     environmental problem
     (4) there is a need for an expanded statewide network of used
     oil collection sites
     (5) the private sector, with incentives, is best equipped to
     establish and operate used oil collection centers
     (6) the need for publicly operated used oil collection centers
     is greatest in more sparsely populated areas and the need
     should diminish
     (7) the Environmental Protection Agency (EPA) has issued final
     regulations classifying and regulating used oil and used oil
     filters
     (8) the current Texas used oil and used oil filter program
     imposes more stringent requirements than the EPA rules
     (9) limited public money is needed to finance infrastructure
     investments to collect, manage and recycle used motor oil 
     (10) the federal standards establish a balanced approach

SECTION 2.  Amends Subchapter A, Chapter 371, Health and Safety
Code, by adding 371.0025 as follows:
     (a) States that the purposes of this chapter are to ensure
     that the Texas used oil program is consistent with and not
     more stringent than the federal program, and to establish a
     program to promote public and private do-it-yourselfer used
     oil collection centers and used oil collection centers.
     (b) This chapter does not apply to used oil generated in
     connection with activities regulated by the Railroad
     Commission of Texas, exempted under 40 C.F.R. §279.10(g), or
     generated through other exempted activities.
     (c) This chapter does not apply to a used oil filter generated
     in connection with certain activities regulated by the
     Railroad Commission.

SECTION 3.  Amends Section 371.003, Health and Safety Code, by
deleting the existing definition of "public used oil collection
center," "generator," and "reclaiming" and adding new findings as
follows:
     (1) "Aboveground tank" means a tank used to store or process
     used oil that is not an underground storage tank.
     (2) "Automotive oil" means any lubricating oils intended for
     use in an internal combustion engine for an automobile, bus,
     or truck.
     (3) "Commission" means the Texas Natural Resource Conservation
     Commission.
     (4) "Container" means a portable device in which material is
     stored, transported, treated, disposed of, or otherwise
     handled.
     (5) "Do-it-yourselfer used oil collection center" means a site
     that accepts or aggregates and stores used oil collected from
     household do-it-yourselfers.  If the registered do-it-yourselfer used oil collection center is also a used oil
     generator, the center may commingle household do-it-yourselfer
     used oil with its own self-generated used oil.
     (6) "Existing tank" means a tank that is used for the storage
     or processing of used oil and that as of September 1, 1995, is
     in operation or being installed.
     (7) "Household do-it-yourselfer (DIY) used oil" means oil that
     is derived from a household, including used oil generated
     through the maintenance of a personal vehicle or equipment.
     (8) "Household do-it-yourselfer used oil generator" means an
     individual who generates household do-it-yourselfer used oil.
     (9) "New tank" means a tank that will be used to store or
     process used oil.
     (10) "Petroleum refining facility" means an establishment
     primarily engaged in producing gasoline, etc. through
     fractionation or other processes.
     (11) "Processing" means chemical or physical operations
     designed to produce from used oil fuel oils, lubricants, or
     other oil-derived products.
     (12) "Reclaiming" means processing material to recover a
     usable product or regenerating material, rather than used oil.
     (13) "Recycling" adds subsection (C) to the current definition
     to include burning used oil for energy recovery.
     (14) "Rerefining" means applying processes to material
     composed primarily of used oil to produce high-quality base
     stocks for lubricants or other petroleum products.
     (15) "Rerefining distillation bottoms" means the heavy
     fraction of filtered and dehydrated used oil produced by
     vacuum distillation.
     (16) "Tank" means a stationary device designed to contain an
     accumulation of used oil that is constructed primarily of
     nonearthen materials.
     (17) "Used oil" means any oil that has been refined from crude
     oil, that as a result is contaminated; deletes language
     calling "used oil" unsuitable for its original purpose.
     (18) "Used oil aggregation point" means a site that accepts,
     aggregates or stores used oil collected from other used oil
     sites owned by the owner of the aggregation point, or from
     household do-it-yourselfers.
     (19) "Used oil burner" means a facility where used oil not
     meeting specific requirements is burned for energy recovery in
     specified devices.
     (20) "Used oil collection center" means a site or facility
     registered by the commission to manage used oil and accepts
     oil from used oil generators who transport used oil in
     shipments of not more than 55 gallons and household do-it-yourselfers.
     (21) "Used oil filter" means a non-terne-plated oil filter
     that as a result of use, storage, or handling has become
     contaminated by physical or chemical impurities.
     (22) "Used oil fuel marketer" means a person who directs a
     shipment of off-specification used oil or first claims that
     used oil to be burned for energy recovery meets used oil
     specifications.
     (23) "Used oil generator" means any person, by site, who
     produces used oil or first causes used oil to become subject
     to regulation.
     (24) "Used oil processor or rerefiner" means a facility that
     processes used oil.
     (25) "Used oil transfer facility" means a transportation-related facility where shipments of used oil are held for more
     than 24 hours and not longer than 35 days.
     (26) "Used oil transporter" means a person who transports used
     oil or owns or operates a used oil transfer facility.  

SECTION 4.  Chapter 371, Subchapter B, Health and Safety Code, is
amended as follows:

Sec. 371.021 adds used oil filters to the public education program. 
 
Sec. 371.022 requires high volume automobile oil retailers to
include instructions for disposal of used oil filters on the
already required sign posted in a prominent place.
Sec. 371.023 is amended as follows:
     (a) adds private entities to the list of possible recipients
     of grants for used oil collection programs.  Stipulates that
     the grant program is for the purpose of encouraging the
     collection, reuse, and recycling of household do-it-yourselfer
     used oil.
     (b) Allows the commission to approve a grant for curbside
     pickup of containers of household do-it-yourselfer used oil,
     retrofitting of municipal solid waste equipment to facilitate
     curbside pickup, establishment of do-it-yourselfer used oil
     collection centers and used oil collection centers at
     locations accessible to the public, provision of containers
     and other materials and supplies that can be used to store
     household do-it-yourselfer used oil, and any other activity
     the advisory committee established in Subsection (c)
     determines will encourage the proper recycling of household
     do-it-yourselfer used oil.
     (c) Is added to require the commission to appoint an advisory
     committee for the used oil grant program.
     (d) The commission is required to establish procedures for the
     application for and criteria for the award of grants under
     this section, and to adopt guidelines for allowable
     administrative expenditures in accordance with guidelines
     established by the advisory committee.
Sec. 371.024 is amended as follows:
     (a) Encourages all appropriate businesses and government
     agencies to serve as do-it-yourselfer used oil or used oil
     collection centers.
     (b) Requires a do-it-yourselfer used oil collection center and
     a used oil collection center to register with the commission
     biannually and report to the commission annually.
     (c) Requires the commission to govern the registration of and
     reporting by do-it-yourselfer used oil and used oil collection
     centers.
     (d) Requires the commission to adopt standards for managing
     and operating a do-it-yourselfer used oil collection center or
     a used oil collection center.
     (e) Allows the commission to impose a fee to cover the actual
     cost of registering do-it-yourselfer and used oil collection
     centers.  Adds a requirement that private entities which serve
     voluntarily as do-it-yourselfer used oil collection centers
     are exempt from registration fee.
Sec. 371.0245 is amended as follows:
     (a) Requires the commission to reimburse do-it-yourselfer or
     used oil collection centers for costs associated with the
     center's disposal of household do-it-yourselfer used oil
     collected that, unknown to the collection center, is unfit for
     recycling or has been commingled with other oils and is
     unsuitable for recycling, or contaminated used oil left at the
     collection center after posted business hours.
     (b)  A registered do-it-yourselfer or used oil collection
     center or used oil collection center is eligible for
     reimbursement if it demonstrates that the center has
     established procedures to minimize the risk that the center
     will mix used oil the center generates or collects from the
     public with hazardous wastes, the center accepts not more than
     five gallons of used oil from any person at one time, or 55
     gallons of used oil from any person at one time if the center
     is a registered used oil collection center; and that the
     center can document the volume of used oil the center collects
     from the public during any period or length of time under
     review by requiring individuals who leave do-it-yourselfer oil
     to provide their names, addresses, and approximate amount of
     oil left.  Deletes requirement that do-it-yourself oil be kept
     in a separate container.
     (c) The owner or operator of a registered do-it-yourselfer
     used oil collection center may presume that an amount of no
     more than the applicable limit of used oil collected from a
     member of the public is not mixed with a hazardous substance.
     (d) A registered do-it-yourselfer used oil collection center
     may not be reimbursed for more than $7,500 in any state fiscal
     year.
     (e) Requires all reimbursements made under this section to be
     paid out of the used oil recycling fund which shall not exceed
     an aggregate amount of $500,000 each fiscal year.
Sec. 371.0246 is amended as follows:
     (a) An owner or operator of a do-it-yourselfer used oil
     collection center or used oil collection center may apply for
     reimbursement from the commission.
     (b) An application for reimbursement shall be submitted on an
     approved form.
     (c) In addition to already existing requirements, an
     application for reimbursement must contain a copy of any
     shipping documents that accompanied the transportation of the
     shipment of used oil, and documentation required before
     acceptance of a hazardous waste by the disposal facility that
     accepted the contaminated used oil for treatment and/or
     disposal.
     (d) Claims for reimbursements are subject to funds available
     for reimbursement.
Sec. 371.025 is amended by changing "public used oil collection
center" to "do-it-yourselfer used oil collection center" and adding
"or used oil collection center."
Sec. 371.026 is amended as follows: 
     (a) The commission is required to govern registration and
     reporting of used oil handlers other than generators.  The
     rules shall require the handler to register biannually, report
     annually, provide evidence of familiarity with applicable
     state laws and rules applicable to used oil handling, and
     provide proof of financial responsibility for liability that
     may be incurred in handling used oil.
     (b) Requires the commission to adopt reasonable management and
     safety standards for the handling of used oil.
     (c) Allows the commission to impose a registration fee in an
     amount sufficient to cover the actual cost of registering used
     oil handlers.
     (d) Is added to allow a used oil transporter to consolidate or
     aggregate loads of used oil for the purposes of
     transportation.  Also allows a used oil transporter to conduct
     incidental processing operations not designed to produce used-oil-derived products or used oil fuel.
Sec. 371.027 changes "department" to "commission".
Sec. 371.028 is amended to require the commission to establish, not
later than January 1, 1996, rules, standards and procedures as
necessary to implement the used oil program.  They must be
consistent with and not more stringent than federal used oil
management standards.

SECTION 5.     Section 371.041, Health and Safety Code, is amended
as follows:
     (b) A person commits an offense if the person:
           (1) not amended
           (2) knowingly mixes or commingles used oil with waste
           that is to be disposed of in landfills or directly
           disposes of used oil on land
           (3) knowingly transports, treats, stores, disposes,
           recycles, causes to be transported, or otherwise handles
           any used oil in violation of standards or rules, or
           without complying with registration requirements.
           (4) intentionally applies used oil to roads or land
           (5) violates an order of the commission to cease and
           desist
           (6) intentionally makes any false statement or
           representation in any document filed, maintained, or
           used for program compliance
     (c) It is an exception to the application of Subsection (b) if
     a person unknowingly disposes into the environment any used
     oil not properly segregated from other solid wastes.
     (d) Reference to "solid waste" is changed to "waste".


SECTION 6.  Amends Section 371.042, Health and Safety Code, as
follows:
     (a) Except as provided by Subsection (b), an offense under
     371.041 is punishable by a fine of not less than $100 or more
     than $10,000 for each act of violation or each day of a
     continuing violation, imprisonment for a term not to exceed
     five years, or both.
     (b) If the defendant has been previously convicted, the
     offense is punishable by a fine of not less than $200 or more
     than $20,000 for each act of violation or each day of a
     continuing violation, imprisonment for a term not to exceed 10
     years, or both.

SECTION 7.  Section 371.043, Health and Safety Code, is amended as
follows:
     (c) Reference to "Section 371.026" is deleted.
     (d) Changes "department" to "commission".

SECTION 8.  Sec. 371.061, Health and Safety Code, is amended as
follows:
     (b)(3) Changes "department" to "commission".
     (c) The commission may use money in the fund only for the
     purposes authorized by this chapter.  Adds grants to public
     and private do-it-yourselfer used oil collection centers;
     registration of do-it-yourselfer used oil centers, used oil
     collection centers, and used oil handlers; and administrative
     costs as authorized purposes.  
     (d) Requires the commission to set aside 25 percent of the
     fees collected under Section 371.062 for the sole purpose of
     restoring environmental quality that have been contaminated
     through improper used oil management.  This subsection expires
     on 
     January 1, 1997.

SECTION 9.  Sec. 371.062, Health and Safety Code, is amended as
follows:
     (a) Definitions are amended as follows:
           (1) "Distributor" is added to mean a distributor who
           maintains a distribution center or warehouse in this
           state and annually sells more than 25,000 gallons of
           automotive oil. 
           (2) "First sale" means the first actual sale of
           automotive oil delivered to a location in this state and
           sold to a purchaser who is not an automotive oil
           manufacturer or distributor.  A stipulation is added to
           the current definition that the term does not include
           the sales of automotive oil to any subsequent purchaser
           who maintains a registered do-it-yourselfer used oil
           collection center at the location where the oil is
           changed, or to the United States government.  
     Other definitions are renumbered accordingly.
     (b) A distributor, as well as an oil manufacturer, who makes
     a first sale of oil is liable for a fee.
     (f) A distributor, as well as an oil manufacturer, is
     obligated to follow the requirements of this subsection.
     (j) The fee imposed under this section is one cent per quart
     or four cents per gallon of automotive oil. 
     (m) A distributor must obtain a permit from the comptroller;
     the comptroller is required to adopt an application form for
     the permit which must include the business name, the location,
     the names of principal officers of the corporation or members
     of the partnership (if applicable), any other information
     required by the comptroller.
     (n) Allows the comptroller to deny or revoke a permit under
     Subsection (m) if false information is submitted.
     (o) A permit under Subsection (m) may not be assigned.

SECTION 10. Amends Subchapter N, Chapter 361, Health and Safety
Code, by adding Section 361.432 as follows:
     (a) Prohibits used oil filters from being intentionally or
     knowingly placed in or accepted for disposal in a landfill
     permitted by the commission.
     (b) Allows the commission by rule to adopt reasonable
     standards for the management of used oil filters and to
     encourage the recycling of used oil filters.

SECTION 11. (a) The change in law made by this Act to Section
371.042, Health and Safety, applies only to an offense committed on
or after the effective date of this Act.
     (b) An offense committed before the effective date of this Act
     is covered by the law in effect when the offense was
     committed.

SECTION 12. (a) Effective date: September 1, 1995, except as
provided by Subsection (b).
     (b) Effective date for Section 371.062(j), Health and Safety,:
January 1, 1997.

SECTION 13.  Emergency clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

The substantial differences between the committee substitute for SB
1683 and the engrossed version are as follows:


SB 1683 as Engrossed
Committee Substitute for SB
1683


SECTION 2, §371.002 FINDINGS
is included in SECTION 1 of
the substitute.
SECTION 1 includes §371.002
FINDINGS, which is in SECTION
2 of the engrossed version.


SECTION 3 of the engrossed
version corresponds to SECTION
2 of the substitute.
SECTION 2 of the substitute
corresponds to SECTION 3 of
the engrossed version.


SECTION 4 of the engrossed
version corresponds with
SECTION 3 of the
substitute.§371.003

(5) "Do-it-yourselfer used oil
collection center" means a
site that accepts or
aggregates and stores used oil
collected from household do-it-yourselfers.







(6)(B) the definition for
"existing tank" includes a
stipulation that the
contractual obligation is for
installation of the tank to be
completed within a reasonable
time.


26 "Used oil transporter"
includes (A) collects used oil
from more than one generator
and transports the collected
used oil.
SECTION 3 of the substitute
corresponds to SECTION 4 of
the engrossed version.
§371.003

(5) "Do-it-yourselfer used oil
collection center" means a
site that accepts or
aggregates and stores used oil
collected from household do-it-yourselfers.  The
substitute adds the following:
If the registered do-it-yourselfer used oil collection
center is also a used oil
generator, the center may
commingle household do-it-yourselfer used oil with its
own self-generated used oil.

(6)(B) the definition for
"used tank" does not include
the stipulation that the
contractual obligation is for
installation of the tank to be
completed within a reasonable
time.

(26) omits the engrossed
letter (A) and renumbers (B)
and (C) to become (A) and (B).


SECTION 5 of the engrossed
version corresponds to SECTION
4 of the substitute.
SECTION 4 of the substitute
corresponds to SECTION 5 of
the engrossed version.



§371.023(b)(3) refers to
establishment of do-it-yourselfer used oil collection
centers.

§371.023(b)(3) refers to
establishment of do-it-yourselfer used oil collection
centers and used oil
collection centers.


§371.023(b)(5) references
Subsection (e).
§371.023(b)(5) references
Subsection (c).


§371.023(c) The advisory
committee consists of 9
members.
   Part of the advisory
committee represents used oil
collection centers.
   The advisory committee
recommends guidelines for
allowable administrative
expenditures.
§371.023(c) The advisory
committee consists of 7
members.
   Part of the advisory
committee represents operators
of used oil collection
centers.
   The advisory committee
establishes guidelines for
allowable administrative
expenses.


§371.023(d) The commission is
required to adopt guidelines
for allowable administrative
expenditures.
§371.023(d) The commission is
required to adopt guidelines
for allowable administrative
expenses.


§371.024(e) A private entity
that serves voluntarily as a
do-it-yourselfer used oil
collection center is exempt
from the registration fee.
§371.024(e) A private entity
that serves voluntarily as a
do-it-yourselfer used oil
collection center or a used
oil collection center is
exempt from the registration
fee.


§371.0245(a)(1)&(2) and
(b)(3)(A) include DIY in
language.
§371.0245(a)(1)&(2) and
(b)(3)(A) do not include DIY
in language.


§371.0245(b)(2) the center
accepts not more than five
gallons of used oil from any
person at any one time.

§371.0245(b)(2) is divided
into (A) the center accepts
not more than five gallons of
used oil from any person at
any one time if the center is
a registered do-it-yourselfer
used oil center; or (B) 55
gallons of used oil from any
person at one time if the
center is a registered used
oil collection center.


§371.0245(c) A collection
center may presume that a
quantity of not more than five
gallons of used oil collected
from a member of the public is
not mixed with a hazardous
substance . . .
§371.0245(c) A collection
center may presume that a
quantity of used oil collected
from a member of the public
that does not exceed the
applicable collection limit
established by that subsection
is not mixed with a hazardous
substance . . .


§371.0246 (c)(2) refers to do-it-yourselfer used oil
collection center.
§371.0246 (c)(2) refers to do-it-yourselfer used oil
collection center or used oil
collection center.


§371.0246 (c)(4) application
must include copy of manifest.
§371.0246 (c)(4) application
does not include copy of
manifest.


§371.025 (a),(b) and (c) refer
to do-it-yourselfer used oil
collection center.

§371.025 (c) This section does
not apply to grossly negligent
activities related to the
operation of a used oil
collection center.
§371.025 (a),(b) and (c) refer
to do-it-yourselfer used oil
collection center or used oil
collection center.
§371.025 (c) This section does
not apply to grossly negligent
activities related to the
operation of a do-it-yourselfer used oil collection
center or a used oil
collection center.


§371.028 Rules must be
consistent with and no more
stringent than the used oil
management standards under 40
C.F.R. Part 279.
§371.028 Rules must be
consistent with and not more
stringent than the used oil
management standards under the
Resource Conservation and
Recovery Act of 1976 (42
U.S.C. Section 6901 et seq.)


SECTION 6 of the engrossed
version corresponds to SECTION
5 of the substitute.
SECTION 5 of the substitute
corresponds to SECTION 6 of
the engrossed version.


§371.041(b)(3) refers to used
oil regulated by the
commission in violation of
standards or regulations.
§371.041(b)(3) is divided into
(A) & (B) and refers to used
oil within the state in
violation of standards or
rules.


§371.041(b)(6) A person
commits an offense if the
person makes any false
statement . . .
§371.041(b)(6) A person
commits an offense if the
person intentionally makes any
false statement . . .


SECTION 7 of the engrossed
version corresponds to SECTION
6 of the substitute.
SECTION 6 of the substitute
corresponds to SECTION 7 of
the engrossed version.


SECTION 8 of the engrossed
version corresponds to SECTION
7 of the substitute.
SECTION 7 of the substitute
corresponds to SECTION 8 of
the engrossed version.


SECTION 9 of the engrossed
version corresponds to SECTION
8 of the substitute.
SECTION 8 of the substitute
corresponds to SECTION 9 of
the engrossed version.


§371.061(c)(4) is deleted.
§371.061(c)(4) is not deleted.


§371.061(d) This subsection
expires on January 1, 1998.
§371.061(d) This subsection
expires on January 1, 1997.


SECTION 10 of the engrossed
version corresponds to SECTION
9 of the substitute.
SECTION 9 of the substitute
corresponds to SECTION 10 of
the engrossed version.


§371.062(a)(1) "Distributor"
means a person who maintains a
distribution center or
warehouse in this state and
annually exports from this
state to a location outside
the state more than 25,000
gallons of automotive oil.
§371.062(a)(1) "Distributor"
means a person who maintains a
distribution center or
warehouse in this state and
annually sells more than
25,000 gallons of automotive
oil.


§371.062(a)(2)(C) The term
does not include the sale of
automotive oil to a subsequent
purchaser who maintains a do-it-yourselfer used oil
collection center. . .
§371.062(a)(2)(C) The term
does not include the sale of
automotive oil to a subsequent
purchaser who maintains a do-it-yourselfer used oil
collection center or used oil
collection center. . .


§371.062(a)(2)(D)  The term
does not include sale of
automotive oil to the United
States government.
§371.062(a)(2)(D)  The term
does not include sale of
automotive oil to the United
States.


§371.062(j) The fee is two
cents per quart or eight cents
per gallon.  Fee is reduced as
of September 1, 1997.
§371.062(j) The fee is one
cent per quart or four cents
per gallon.  There is no
reduction for this fee, but
the effective date is
September 1, 1997 [see SECTION
12(b)].


SECTION 11 of the engrossed
version corresponds to SECTION
10 of the substitute.
SECTION 10 of the substitute
corresponds to SECTION 11 of
the engrossed version.


§361.432(a) uses "shall".
§361.432(a) uses "may".


SECTION 12 of the engrossed
version corresponds to SECTION
11 of the substitute.
SECTION 11 of the substitute
corresponds to SECTION 12 of
the engrossed version.


SECTION 13 of the engrossed
version corresponds to SECTION
12 of the substitute.
SECTION 12 of the substitute
corresponds to SECTION 13 of
the engrossed version.


Effective date for §371.062(j)
is January 1, 1996.
Effective date for §371.062(j)
is January 1, 1997.


SECTION 14 of the engrossed
version corresponds to SECTION
13 of the substitute.
SECTION 13 of the substitute
corresponds to SECTION 14 of
the engrossed version.



SUMMARY OF COMMITTEE ACTION

SB 1683 was considered by the House Committee on Environmental
Regulation in a public hearing on May 15, 1995.  The committee
considered a complete substitute for the bill.  The substitute was
adopted without objection.  SB 1683 was reported favorably as
substituted with the recommendation that it do pass and be printed,
by a record vote of eight (8) ayes, no (0) nays, no (0) pnv, and
one (1) absent.