By Dukes                                              H.B. No. 2386
       74R2201 MI-D
                                 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; BIENNIAL APPENDIXES <REPORTS TO
    1-8  GOVERNOR>.  (a)  On or before January 1 of each year, the <The>
    1-9  commission shall file with <make biennial reports in writing to>
   1-10  the governor and the members of the legislature a written report
   1-11  that includes<.  Each report shall include> a statement of the
   1-12  activities of the commission during the preceding fiscal year <and
   1-13  its recommendations for necessary and desirable legislation>.
   1-14        (b)  The report due by January 1 of an odd-numbered year
   1-15  shall include, in addition:
   1-16              (1)  the commission's recommendations for necessary and
   1-17  desirable legislation; and
   1-18              (2)  the following biennial appendixes:
   1-19                    (A)  an air report, to include the report
   1-20  required by Section 382.141, Health and Safety Code;
   1-21                    (B)  an industrial and hazardous waste report, to
   1-22  include the assessments and reports required by Sections
   1-23  361.0232(a), 361.0233(a), 361.034(a), and 361.038, Health and
   1-24  Safety Code, and Section 26.349(b) of this code;
    2-1                    (C)  a municipal solid waste report, to include
    2-2  the plans required by Sections 361.020(a), (b), and (e) and
    2-3  361.0201, Health and Safety Code;
    2-4                    (D)  a pollution prevention report, to include
    2-5  the reports required by Sections 361.0219(c), 361.485, 361.510, and
    2-6  371.063, Health and Safety Code; and
    2-7                    (E)  a water report, to include the reports
    2-8  required by Section 26.0135(d) of this code and Section 5.02,
    2-9  Chapter 133, Acts of the 69th Legislature, Regular Session, 1985.
   2-10        (c) <(b)>  The commission shall file annually with the
   2-11  governor and the presiding officer of each house of the legislature
   2-12  a complete and detailed written report accounting for all funds
   2-13  received and disbursed by the commission during the preceding year.
   2-14  The form of the annual report and the reporting time shall be that
   2-15  provided in the General Appropriations Act.
   2-16        SECTION 2.  Section 26.0135(d), Water Code, is amended to
   2-17  read as follows:
   2-18        (d)  On or before October 1 of each even-numbered year, each
   2-19  river authority shall report in writing to the governor,
   2-20  commission, State Soil and Water Conservation Board, and Parks and
   2-21  Wildlife Department on the water quality assessment of the
   2-22  authority's watershed, including an identification of any
   2-23  significant regulatory or enforcement issues, and on any actions
   2-24  taken by the authority and other local governments to improve water
   2-25  quality within the authority's watershed.  The assessment report
   2-26  must identify each legal, administrative, economic, or other
   2-27  impediment to further water quality efforts by the authority and
    3-1  local governments.  The commission shall then prepare a report that
    3-2  summarizes each river authority's assessment report, describes the
    3-3  commission's regional water quality assessment efforts, and lists
    3-4  the commission's past and proposed actions for improving water
    3-5  quality within the watersheds subject to such assessments.  The
    3-6  commission shall include <submit> its report, along with the
    3-7  commission's comments and recommendations on regional water quality
    3-8  management, in the biennial appendix to the commission's report as
    3-9  required by Section 5.178 <to the governor, the lieutenant
   3-10  governor, and the speaker of the house of representatives on or
   3-11  before December 1 of each even-numbered year>.
   3-12        SECTION 3.  Section 26.349(b), Water Code, is amended to read
   3-13  as follows:
   3-14        (b)  The commission shall prepare a biennial <an annual>
   3-15  compilation of reported releases<, make that report available to
   3-16  the public,> and include <provide> that report in the biennial
   3-17  appendix to the commission's report as required by Section 5.178
   3-18  <to the legislature and to the governor>.  The report must contain,
   3-19  for each reported release:
   3-20              (1)  the corrective action or other response taken by
   3-21  the owner, operator, commission, or any local governmental agency;
   3-22  and
   3-23              (2)  any information or enforcement action taken by the
   3-24  commission against the owner or operator responsible for the
   3-25  release.
   3-26        SECTION 4.  Section 361.020, Health and Safety Code, is
   3-27  amended by adding Subsection (g) to read as follows:
    4-1        (g)  The commission shall include the comprehensive statewide
    4-2  strategic plan, as developed under this section and Section
    4-3  361.0201 and updated under Subsection (e), in the biennial appendix
    4-4  to the commission's report as required by Section 5.178, Water
    4-5  Code.
    4-6        SECTION 5.  Section 361.0219(c), Health and Safety Code, is
    4-7  amended to read as follows:
    4-8        (c)  The office of waste exchange shall adopt a plan for
    4-9  providing to interested persons information on waste exchange <and
   4-10  shall report to the legislature on the plan and on the state's
   4-11  participation in any regional or national waste exchange program>.
   4-12  Biennially <Annually> the office of waste exchange shall report to
   4-13  the commission <legislature> on progress in implementing this
   4-14  section, including the plan to provide information on waste
   4-15  exchange, the state's participation in any national or regional
   4-16  waste exchange program, and information on the movement and
   4-17  exchange of materials and the effect on recycling, composting, and
   4-18  reuse rates in the state.  The commission shall include the report
   4-19  in the biennial appendix to the commission's report as required by
   4-20  Section 5.178, Water Code.
   4-21        SECTION 6.  Section 361.0234, Health and Safety Code, as
   4-22  amended by Chapters 1044 and 1045, Acts of the 73rd Legislature,
   4-23  Regular Session, 1993, is amended to read as follows:
   4-24        Sec. 361.0234.  Rules; Update of Rules and Assessments;
   4-25  REPORT.  (a)  To expedite the consideration of permits for
   4-26  technologies that an assessment prepared under Section 361.0232 or
   4-27  361.0233 determines to be most needed, the rules adopted by the
    5-1  commission <or department> shall provide for a permitting process
    5-2  that encourages the development of new and innovative disposal
    5-3  technologies, grants preferences considering the hierarchies
    5-4  established by Sections 361.022 and 361.023, emphasizes waste
    5-5  reduction efforts, and encourages applicants for permits for
    5-6  hazardous waste management facilities to include recycling and
    5-7  recovery components where appropriate.
    5-8        (b)  The commission <and department, as appropriate,> shall
    5-9  update the assessments and related rules at least every two years.
   5-10  In preparing an update of the assessment, the commission <and
   5-11  department> shall consider source reduction and waste minimization
   5-12  plans and reports submitted under Subchapter N.
   5-13        (c)  The assessments and rules adopted under this section and
   5-14  Section 361.0232 may not be applied retroactively to any
   5-15  application that was declared administratively and technically
   5-16  complete and for which public hearings had commenced before June 7,
   5-17  1991.
   5-18        (d)  The commission shall include the assessments as prepared
   5-19  under Sections 361.0232 and 361.0233 and updated under Subsection
   5-20  (b) in the biennial appendix to the commission's report as required
   5-21  by Section 5.178, Water Code.
   5-22        SECTION 7.  Section 361.034(a), Health and Safety Code, is
   5-23  amended to read as follows:
   5-24        (a)  The commission shall include in the biennial appendix to
   5-25  the commission's report as required by Section 5.178, Water Code, a
   5-26  report that includes <submit a report to the presiding officers of
   5-27  the legislature and the governor not later than January 1 of each
    6-1  odd-numbered year.  The report must include>:
    6-2              (1)  a summary of a performance report of the imposed
    6-3  industrial solid waste and hazardous waste fees authorized under
    6-4  Subchapter D  and related activities to determine the
    6-5  appropriateness of the fee structures;
    6-6              (2)  an evaluation of progress made in accomplishing
    6-7  the state's public policy concerning the preference of waste
    6-8  management methods under Section 361.023;
    6-9              (3)  projections of the volume of waste by type of
   6-10  waste, disposition of waste, and remaining capacity or capacity
   6-11  used for the treatment and disposal of the waste;
   6-12              (4)  projections of the availability of adequate
   6-13  capacity in this state for the management of all types of hazardous
   6-14  waste generated within the state and a report of the amounts,
   6-15  types, and sources of hazardous waste imported into and exported
   6-16  from the state in the previous year;
   6-17              (5)  an evaluation of the progress made and activities
   6-18  engaged in consistent with the state's municipal solid waste
   6-19  management plan, in particular the progress toward meeting the
   6-20  waste reduction goal established by Section 361.0201(d);
   6-21              (6)  an evaluation of the progress made by local
   6-22  governments under the solid waste management plans;
   6-23              (7)  the status of state procurement under Section
   6-24  361.426 of products made of recycled materials or that are
   6-25  reusable, including documentation of any decision not to purchase
   6-26  those products;
   6-27              (8)  the status of the governmental entity recycling
    7-1  program established under Section 361.425, including the status of
    7-2  collection and storage procedures and program evaluations required
    7-3  by that section;
    7-4              (9)  the status of the public education program
    7-5  described in Section 361.0202; and
    7-6              (10)  recommendations to the governor and to the
    7-7  legislature for improving the management of municipal solid waste
    7-8  in the state.
    7-9        SECTION 8.  Section 361.038, Health and Safety Code, is
   7-10  amended to read as follows:
   7-11        Sec. 361.038.  BIENNIAL <ANNUAL> Inspection Report.  (a)  The
   7-12  <In January of each year, the> commission shall include in the
   7-13  biennial appendix to the commission's report as required by Section
   7-14  5.178, Water Code, <publish> an <annual> inspection report that:
   7-15              (1)  summarizes the commission's inspection strategy
   7-16  and the results of inspections conducted during the previous fiscal
   7-17  year; and
   7-18              (2)  lists each hazardous waste treatment, storage, and
   7-19  disposal facility not inspected.
   7-20        (b)  The report must identify each hazardous waste facility
   7-21  inspected and include a list of:
   7-22              (1)  each facility that is in compliance with hazardous
   7-23  waste regulations, including each facility with an exemplary record
   7-24  of compliance over the preceding three years;
   7-25              (2)  each facility that has only minor or clerical
   7-26  violations; and
   7-27              (3)  each facility that has substantive, nonclerical
    8-1  violations, including each facility that has been adjudicated
    8-2  during the preceding three years to have committed substantive,
    8-3  nonclerical violations resulting in an actual release of hazardous
    8-4  waste that presented an imminent and substantial endangerment to
    8-5  the public health and safety or the environment.
    8-6        (c)  The report must identify the substantive, nonclerical
    8-7  violations and either summarize corrective actions or describe the
    8-8  status of unresolved violations.
    8-9        <(d)  The report shall be submitted to the governor,
   8-10  lieutenant governor, and speaker of the house.  The commission
   8-11  shall provide notice of the report's availability by publishing
   8-12  notice in the Texas Register.>
   8-13        SECTION 9.  Section 361.485, Health and Safety Code, is
   8-14  amended to read as follows:
   8-15        Sec. 361.485.  Report.  The <Not later than February 1 of
   8-16  each odd-numbered year, the> commission shall include in the
   8-17  biennial appendix to the commission's report as required by Section
   8-18  5.178, Water Code, a report <to the governor and the legislature>
   8-19  on the administration of the program established under this
   8-20  subchapter and its effectiveness in cleaning up existing scrap tire
   8-21  sites and in preventing new scrap tire sites.
   8-22        SECTION 10.  Section 361.510, Health and Safety Code, is
   8-23  amended to read as follows:
   8-24        Sec. 361.510.  Report <TO LEGISLATURE>.  Notwithstanding any
   8-25  other reporting requirement, the commission <and the board> shall
   8-26  <jointly> prepare a biennial report to be included in the biennial
   8-27  appendix to the commission's report as required by Section 5.178,
    9-1  Water Code <the presiding officers of the legislature and the
    9-2  governor concerning the implementation of this subchapter>.  The
    9-3  report must include:
    9-4              (1)  the status of the technical assistance program;
    9-5              (2)  a description of progress toward reducing the
    9-6  volume of hazardous waste generated and the amount of pollutants
    9-7  and contaminants in the state;
    9-8              (3)  an analysis of and recommendations for changes to
    9-9  source reduction and waste minimization programs, including
   9-10  consideration of additional enforcement provisions; and
   9-11              (4)  an identification of any other needed pollution
   9-12  prevention activities.
   9-13        SECTION 11.  Section 371.063, Health and Safety Code, is
   9-14  amended to read as follows:
   9-15        Sec. 371.063.  BIENNIAL <ANNUAL> Reporting Requirement.  The
   9-16  commission shall monitor the balance of the used oil recycling fund
   9-17  and shall provide in the biennial appendix to the commission's
   9-18  report as required by Section 5.178, Water Code, a detailed report
   9-19  of all income, expenditures, and programs funded <to the Texas
   9-20  Legislature on an annual basis>.
   9-21        SECTION 12.  Section 382.141, Health and Safety Code, is
   9-22  amended to read as follows:
   9-23        Sec. 382.141.  Report Required.  The commission <board> shall
   9-24  report biennially its evaluations and determinations on the use of
   9-25  compressed natural gas or other alternative fuels and recommend
   9-26  legislative changes necessary to implement an effective and
   9-27  feasible program for the use of compressed natural gas and other
   10-1  alternative fuels.  The report shall be included in the biennial
   10-2  appendix to the commission's report as required by Section 5.178,
   10-3  Water Code <submitted to the governor and the legislature not later
   10-4  than the 30th day before the commencement of each regular
   10-5  legislative session>.
   10-6        SECTION 13.  Section 5.02, Chapter 133, Acts of the 69th
   10-7  Legislature, Regular Session, 1985, is amended to read as follows:
   10-8        Sec. 5.02.  (a)  The <Not later than January 1, of each
   10-9  odd-numbered year, the> Texas Natural Resource Conservation
  10-10  Commission <Department of Water Resources> shall include in the
  10-11  biennial appendix to the commission's report required by Section
  10-12  5.178, Water Code, <submit to the governor, the lieutenant
  10-13  governor, and the speaker of the house of representatives> a
  10-14  comprehensive report concerning activities during the preceding two
  10-15  years relating to the creation of underground water districts under
  10-16  Chapter 52, Water Code.
  10-17        (b)  The report must include:
  10-18              (1)  the names and locations of all underground water
  10-19  districts created or attempted to be created on or after the
  10-20  effective date of H.B. No. 2, Acts of the 69th Legislature, Regular
  10-21  Session, 1985;
  10-22              (2)  the subchapter of Chapter 52, Water Code, under
  10-23  which each district was proposed for creation;
  10-24              (3)  a detailed analysis of each election held to
  10-25  create a district, including analysis of election results, possible
  10-26  reasons for the success or failure to create a district, and the
  10-27  possibility for future voter approval of districts in areas in
   11-1  which attempts to create districts failed;
   11-2              (4)  a detailed analysis of the activities of each
   11-3  district created on or after the effective date of H.B. No. 2, Acts
   11-4  of the 69th Legislature, Regular Session, 1985;
   11-5              (5)  recommendations for changes in Chapter 52, Water
   11-6  Code, that will facilitate the creation and operation of
   11-7  underground water districts; and
   11-8              (6)  any other information and recommendations that the
   11-9  commission <department> considers necessary.
  11-10        SECTION 14.  (a)  The first annual report required by Section
  11-11  5.178, Water Code, as amended by this Act, is for the fiscal year
  11-12  beginning September 1, 1995, and is due January 1, 1997.
  11-13        (b)  The Texas Natural Resource Conservation Commission shall
  11-14  include in the biennial appendix to that report:
  11-15              (1)  the initial version of a plan or assessment
  11-16  required under Sections 361.020, 361.0201, and 361.0232-361.0234,
  11-17  Health and Safety Code, if the initial plan or assessment is not
  11-18  adopted before September 1, 1995; or
  11-19              (2)  an updated plan or assessment if the initial plan
  11-20  or assessment is adopted before September 1, 1995.
  11-21        SECTION 15.  This Act takes effect September 1, 1995.
  11-22        SECTION 16.  The importance of this legislation and the
  11-23  crowded condition of the calendars in both houses create an
  11-24  emergency and an imperative public necessity that the
  11-25  constitutional rule requiring bills to be read on three several
  11-26  days in each house be suspended, and this rule is hereby suspended.