74R8839 MI-D
By Dukes H.B. No. 2386
Substitute the following for H.B. No. 2386:
By Dukes C.S.H.B. No. 2386
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain reporting requirements for the Texas Natural
1-3 Resource Conservation Commission.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 5.178, Water Code, is amended to read as
1-6 follows:
1-7 Sec. 5.178. ANNUAL REPORTS; ANNUAL AND BIENNIAL APPENDIXES
1-8 <REPORTS TO GOVERNOR>. (a) On or before January 1 of each year,
1-9 the <The> commission shall file with <make biennial reports in
1-10 writing to> the governor and the members of the legislature a
1-11 written report that includes<. Each report shall include> a
1-12 statement of the activities of the commission during the preceding
1-13 fiscal year. The report shall include as an annual appendix the
1-14 report required by Section 371.063, Health and Safety Code <and its
1-15 recommendations for necessary and desirable legislation>.
1-16 (b) The report due by January 1 of an odd-numbered year
1-17 shall include, in addition:
1-18 (1) the commission's recommendations for necessary and
1-19 desirable legislation; and
1-20 (2) the following biennial appendixes:
1-21 (A) an air report, to include the report
1-22 required by Section 382.141, Health and Safety Code;
1-23 (B) an industrial and hazardous waste report, to
1-24 include the assessments and reports required by Sections
2-1 361.0232(a), 361.0233(a), 361.034(a), and 361.038, Health and
2-2 Safety Code, and Section 26.349(b) of this code;
2-3 (C) a municipal solid waste report, to include
2-4 the plans required by Sections 361.020(a), (b), and (e) and
2-5 361.0201, Health and Safety Code;
2-6 (D) a pollution prevention report, to include
2-7 the reports required by Sections 361.0219(c), 361.485, and 361.510,
2-8 Health and Safety Code; and
2-9 (E) a water report, to include the reports
2-10 required by Section 26.0135(d) of this code and Section 5.02,
2-11 Chapter 133, Acts of the 69th Legislature, Regular Session, 1985.
2-12 (c) <(b)> The commission shall file annually with the
2-13 governor and the presiding officer of each house of the legislature
2-14 a complete and detailed written report accounting for all funds
2-15 received and disbursed by the commission during the preceding year.
2-16 The form of the annual report and the reporting time shall be that
2-17 provided in the General Appropriations Act.
2-18 SECTION 2. Section 26.0135(d), Water Code, is amended to
2-19 read as follows:
2-20 (d) On or before October 1 of each even-numbered year, each
2-21 river authority shall report in writing to the governor,
2-22 commission, State Soil and Water Conservation Board, and Parks and
2-23 Wildlife Department on the water quality assessment of the
2-24 authority's watershed, including an identification of any
2-25 significant regulatory or enforcement issues, and on any actions
2-26 taken by the authority and other local governments to improve water
2-27 quality within the authority's watershed. The assessment report
3-1 must identify each legal, administrative, economic, or other
3-2 impediment to further water quality efforts by the authority and
3-3 local governments. The commission shall then prepare a report that
3-4 summarizes each river authority's assessment report, describes the
3-5 commission's regional water quality assessment efforts, and lists
3-6 the commission's past and proposed actions for improving water
3-7 quality within the watersheds subject to such assessments. The
3-8 commission shall include <submit> its report, along with the
3-9 commission's comments and recommendations on regional water quality
3-10 management, in the biennial appendix to the commission's report as
3-11 required by Section 5.178(b) <to the governor, the lieutenant
3-12 governor, and the speaker of the house of representatives on or
3-13 before December 1 of each even-numbered year>.
3-14 SECTION 3. Section 26.349(b), Water Code, is amended to read
3-15 as follows:
3-16 (b) The commission shall prepare a biennial <an annual>
3-17 compilation of reported releases<, make that report available to
3-18 the public,> and include <provide> that report in the biennial
3-19 appendix to the commission's report as required by Section 5.178(b)
3-20 <to the legislature and to the governor>. The report must contain,
3-21 for each reported release:
3-22 (1) the corrective action or other response taken by
3-23 the owner, operator, commission, or any local governmental agency;
3-24 and
3-25 (2) any information or enforcement action taken by the
3-26 commission against the owner or operator responsible for the
3-27 release.
4-1 SECTION 4. Section 361.020, Health and Safety Code, is
4-2 amended by adding Subsection (g) to read as follows:
4-3 (g) The commission shall include the comprehensive statewide
4-4 strategic plan, as developed under this section and Section
4-5 361.0201 and updated under Subsection (e), in the biennial appendix
4-6 to the commission's report as required by Section 5.178(b), Water
4-7 Code.
4-8 SECTION 5. Section 361.0219(c), Health and Safety Code, is
4-9 amended to read as follows:
4-10 (c) The office of waste exchange shall adopt a plan for
4-11 providing to interested persons information on waste exchange <and
4-12 shall report to the legislature on the plan and on the state's
4-13 participation in any regional or national waste exchange program>.
4-14 Biennially <Annually> the office of waste exchange shall report to
4-15 the commission <legislature> on progress in implementing this
4-16 section, including the plan to provide information on waste
4-17 exchange, the state's participation in any national or regional
4-18 waste exchange program, and information on the movement and
4-19 exchange of materials and the effect on recycling, composting, and
4-20 reuse rates in the state. The commission shall include the report
4-21 in the biennial appendix to the commission's report as required by
4-22 Section 5.178(b), Water Code.
4-23 SECTION 6. Section 361.0234, Health and Safety Code, as
4-24 amended by Chapters 1044 and 1045, Acts of the 73rd Legislature,
4-25 Regular Session, 1993, is amended to read as follows:
4-26 Sec. 361.0234. Rules; Update of Rules and Assessments;
4-27 REPORT. (a) To expedite the consideration of permits for
5-1 technologies that an assessment prepared under Section 361.0232 or
5-2 361.0233 determines to be most needed, the rules adopted by the
5-3 commission <or department> shall provide for a permitting process
5-4 that encourages the development of new and innovative disposal
5-5 technologies, grants preferences considering the hierarchies
5-6 established by Sections 361.022 and 361.023, emphasizes waste
5-7 reduction efforts, and encourages applicants for permits for
5-8 hazardous waste management facilities to include recycling and
5-9 recovery components where appropriate.
5-10 (b) The commission <and department, as appropriate,> shall
5-11 update the assessments and related rules at least every two years.
5-12 In preparing an update of the assessment, the commission <and
5-13 department> shall consider source reduction and waste minimization
5-14 plans and reports submitted under Subchapter N.
5-15 (c) The assessments and rules adopted under this section and
5-16 Section 361.0232 may not be applied retroactively to any
5-17 application that was declared administratively and technically
5-18 complete and for which public hearings had commenced before June 7,
5-19 1991.
5-20 (d) The commission shall include the assessments as prepared
5-21 under Sections 361.0232 and 361.0233 and updated under Subsection
5-22 (b) in the biennial appendix to the commission's report as required
5-23 by Section 5.178(b), Water Code.
5-24 SECTION 7. Section 361.034(a), Health and Safety Code, is
5-25 amended to read as follows:
5-26 (a) The commission shall include in the biennial appendix to
5-27 the commission's report as required by Section 5.178(b), Water
6-1 Code, a report that includes <submit a report to the presiding
6-2 officers of the legislature and the governor not later than January
6-3 1 of each odd-numbered year. The report must include>:
6-4 (1) a summary of a performance report of the imposed
6-5 industrial solid waste and hazardous waste fees authorized under
6-6 Subchapter D and related activities to determine the
6-7 appropriateness of the fee structures;
6-8 (2) an evaluation of progress made in accomplishing
6-9 the state's public policy concerning the preference of waste
6-10 management methods under Section 361.023;
6-11 (3) projections of the volume of waste by type of
6-12 waste, disposition of waste, and remaining capacity or capacity
6-13 used for the treatment and disposal of the waste;
6-14 (4) projections of the availability of adequate
6-15 capacity in this state for the management of all types of hazardous
6-16 waste generated within the state and a report of the amounts,
6-17 types, and sources of hazardous waste imported into and exported
6-18 from the state in the previous year;
6-19 (5) an evaluation of the progress made and activities
6-20 engaged in consistent with the state's municipal solid waste
6-21 management plan, in particular the progress toward meeting the
6-22 waste reduction goal established by Section 361.0201(d);
6-23 (6) an evaluation of the progress made by local
6-24 governments under the solid waste management plans;
6-25 (7) the status of state procurement under Section
6-26 361.426 of products made of recycled materials or that are
6-27 reusable, including documentation of any decision not to purchase
7-1 those products;
7-2 (8) the status of the governmental entity recycling
7-3 program established under Section 361.425, including the status of
7-4 collection and storage procedures and program evaluations required
7-5 by that section;
7-6 (9) the status of the public education program
7-7 described in Section 361.0202; and
7-8 (10) recommendations to the governor and to the
7-9 legislature for improving the management of municipal solid waste
7-10 in the state.
7-11 SECTION 8. Section 361.038, Health and Safety Code, is
7-12 amended to read as follows:
7-13 Sec. 361.038. BIENNIAL <ANNUAL> Inspection Report. (a) The
7-14 <In January of each year, the> commission shall include in the
7-15 biennial appendix to the commission's report as required by Section
7-16 5.178(b), Water Code, <publish> an <annual> inspection report that:
7-17 (1) summarizes the commission's inspection strategy
7-18 and the results of inspections conducted during the previous fiscal
7-19 year; and
7-20 (2) lists each hazardous waste treatment, storage, and
7-21 disposal facility not inspected.
7-22 (b) The report must identify each hazardous waste facility
7-23 inspected and include a list of:
7-24 (1) each facility that is in compliance with hazardous
7-25 waste regulations, including each facility with an exemplary record
7-26 of compliance over the preceding three years;
7-27 (2) each facility that has only minor or clerical
8-1 violations; and
8-2 (3) each facility that has substantive, nonclerical
8-3 violations, including each facility that has been adjudicated
8-4 during the preceding three years to have committed substantive,
8-5 nonclerical violations resulting in an actual release of hazardous
8-6 waste that presented an imminent and substantial endangerment to
8-7 the public health and safety or the environment.
8-8 (c) The report must identify the substantive, nonclerical
8-9 violations and either summarize corrective actions or describe the
8-10 status of unresolved violations.
8-11 <(d) The report shall be submitted to the governor,
8-12 lieutenant governor, and speaker of the house. The commission
8-13 shall provide notice of the report's availability by publishing
8-14 notice in the Texas Register.>
8-15 SECTION 9. Section 361.485, Health and Safety Code, is
8-16 amended to read as follows:
8-17 Sec. 361.485. Report. The <Not later than February 1 of
8-18 each odd-numbered year, the> commission shall include in the
8-19 biennial appendix to the commission's report as required by Section
8-20 5.178(b), Water Code, a report <to the governor and the
8-21 legislature> on the administration of the program established under
8-22 this subchapter and its effectiveness in cleaning up existing scrap
8-23 tire sites and in preventing new scrap tire sites.
8-24 SECTION 10. Section 361.510, Health and Safety Code, is
8-25 amended to read as follows:
8-26 Sec. 361.510. Report <TO LEGISLATURE>. Notwithstanding any
8-27 other reporting requirement, the commission <and the board> shall
9-1 <jointly> prepare a biennial report to be included in the biennial
9-2 appendix to the commission's report as required by Section
9-3 5.178(b), Water Code <the presiding officers of the legislature and
9-4 the governor concerning the implementation of this subchapter>.
9-5 The report must include:
9-6 (1) the status of the technical assistance program;
9-7 (2) a description of progress toward reducing the
9-8 volume of hazardous waste generated and the amount of pollutants
9-9 and contaminants in the state;
9-10 (3) an analysis of and recommendations for changes to
9-11 source reduction and waste minimization programs, including
9-12 consideration of additional enforcement provisions; and
9-13 (4) an identification of any other needed pollution
9-14 prevention activities.
9-15 SECTION 11. Section 371.063, Health and Safety Code, is
9-16 amended to read as follows:
9-17 Sec. 371.063. ANNUAL Reporting Requirement. The commission
9-18 shall monitor the balance of the used oil recycling fund and shall
9-19 provide in the annual appendix to the commission's report as
9-20 required by Section 5.178(a), Water Code, a detailed report of all
9-21 income, expenditures, and programs funded <to the Texas Legislature
9-22 on an annual basis>.
9-23 SECTION 12. Section 382.141, Health and Safety Code, is
9-24 amended to read as follows:
9-25 Sec. 382.141. Report Required. The commission <board> shall
9-26 report biennially its evaluations and determinations on the use of
9-27 <compressed natural gas or other> alternative fuels and recommend
10-1 legislative changes necessary to implement an effective and
10-2 feasible program for the use of <compressed natural gas and other>
10-3 alternative fuels. The report shall be included in the biennial
10-4 appendix to the commission's report as required by Section
10-5 5.178(b), Water Code <submitted to the governor and the legislature
10-6 not later than the 30th day before the commencement of each regular
10-7 legislative session>.
10-8 SECTION 13. Section 5.02, Chapter 133, Acts of the 69th
10-9 Legislature, Regular Session, 1985, is amended to read as follows:
10-10 Sec. 5.02. (a) The <Not later than January 1, of each
10-11 odd-numbered year, the> Texas Natural Resource Conservation
10-12 Commission <Department of Water Resources> shall include in the
10-13 biennial appendix to the commission's report required by Section
10-14 5.178(b), Water Code, <submit to the governor, the lieutenant
10-15 governor, and the speaker of the house of representatives> a
10-16 comprehensive report concerning activities during the preceding two
10-17 years relating to the creation of underground water districts under
10-18 Chapter 52, Water Code.
10-19 (b) The report must include:
10-20 (1) the names and locations of all underground water
10-21 districts created or attempted to be created on or after the
10-22 effective date of H.B. No. 2, Acts of the 69th Legislature, Regular
10-23 Session, 1985;
10-24 (2) the subchapter of Chapter 52, Water Code, under
10-25 which each district was proposed for creation;
10-26 (3) a detailed analysis of each election held to
10-27 create a district, including analysis of election results, possible
11-1 reasons for the success or failure to create a district, and the
11-2 possibility for future voter approval of districts in areas in
11-3 which attempts to create districts failed;
11-4 (4) a detailed analysis of the activities of each
11-5 district created on or after the effective date of H.B. No. 2, Acts
11-6 of the 69th Legislature, Regular Session, 1985;
11-7 (5) recommendations for changes in Chapter 52, Water
11-8 Code, that will facilitate the creation and operation of
11-9 underground water districts; and
11-10 (6) any other information and recommendations that the
11-11 commission <department> considers necessary.
11-12 SECTION 14. (a) The first annual report required by Section
11-13 5.178, Water Code, as amended by this Act, is for the fiscal year
11-14 beginning September 1, 1995, and is due January 1, 1997.
11-15 (b) The Texas Natural Resource Conservation Commission shall
11-16 include in the biennial appendix to that report:
11-17 (1) the initial version of a plan or assessment
11-18 required under Sections 361.020, 361.0201, and 361.0232-361.0234,
11-19 Health and Safety Code, if the initial plan or assessment is not
11-20 adopted before September 1, 1995; or
11-21 (2) an updated plan or assessment if the initial plan
11-22 or assessment is adopted before September 1, 1995.
11-23 SECTION 15. This Act takes effect September 1, 1995.
11-24 SECTION 16. The importance of this legislation and the
11-25 crowded condition of the calendars in both houses create an
11-26 emergency and an imperative public necessity that the
11-27 constitutional rule requiring bills to be read on three several
12-1 days in each house be suspended, and this rule is hereby suspended.