ACG H.B. 1133 75(R)BILL ANALYSIS ENVIRONMENTAL REGULATION H.B. 1133 By: Dukes 3-11-97 Committee Report (Substituted) BACKGROUND Reporting requirements for the Texas Natural Resource Conservation Commission (TNRCC) are varied, and in some cases incomplete. Eight reports are due biennially in odd-numbered years, three biennially in even-numbered years, and eight annually. Some reports do not specify recipients; some have no specific due date. In addition, there are outdated reporting requirements. PURPOSE HB 1133 will consolidate reporting requirements for the TNRCC and delete from statute reporting requirements that are obsolete. 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 5.178, Water Code, as follows: Section 5.178 (a) Requires the commission to submit a written report on or before December 1 of each even-numbered year to the governor and legislature on agency activities during the previous biennium. Section 5.178 (b) The report shall include the commission's recommendation for necessary and desirable legislation and the reports found in the following Sections: 361.0219, Health and Safety (progress in implementing a plan to inform interested persons on waste exchange); 361.0232, Health and Safety (on assessment of commercial hazardous waste management capacities); 361.034, Health and Safety (which includes a number of summaries, evaluations and status reports); 361.485, Health and Safety (waste tire recycling); 361.510, Health and Safety (source reduction and waste minimization programs); 371.063, Health and Safety (on the oil recycling fund) 382.141, Health and Safety (on alternative fuels); and the reports required by: 26.0135, Water Code (water quality assessment); and Section 5.02, Chapter 133, Acts of the 69th Legislature, Regular Session, (underground water districts). Section 5.178 (c) Starting on December 1, 2000 and every four years after that date, the commission is required to file a municipal solid waste report to include the plans required by the following sections: 361.020, Health and Safety (strategic solid waste plan); and 361.0201, Health and Safety, (comprehensive municipal solid waste management strategic plan); and 361.0233 (commercial non-hazardous waste management capacities) Section 5.178 (d) Renumbered to conform to changes. SECTION 2. Amends Section 26.0135(d), Water Code, to include the summary of the regional water quality assessment reports as part of the biennial report due by December 1 of each evennumbered year. SECTION 3. Amends Section 361.020, Health and Safety Code as follows: 361.020 (e) a strategic plan is required to be updated every four years (instead of two) 361.020 (g) is added to require the commission to submit the statewide comprehensive strategic plan by December 1, 2000 and every four years thereafter. SECTION 4. Amends Section 361.0219(c), Health and Safety Code, to require the Office of Waste Exchange to submit a biennial report to the commission to include the plan to provide information on waste exchange and the state's participation in waste exchange programs. The commission is required to submit the report by December 1 of each even-numbered year. SECTION 5. Amends Section 361.0234, Health and Safety Code as follows: Section 361.0234 Title inserts "REPORT" in the title. This is a conforming change. Section 361.0234 (b) Requires the commission to update the assessment of commercial hazardous waste management capacity and related rules at least every two years. The commission is also required to update the assessment of commercial non- hazardous waste management capacity and related rules at least every four years. Section 361.0234 (c) Changes the word "assessments" to "assessment"; a conforming change. Section 361.0234 (d) is added to require the commission to submit the assessment of commercial hazardous waste management capacity and related rules by December 1 of each evennumbered year. The commission is also required to submit the assessment of commercial nonhazardous waste management capacity and related rules by December 1, 2000 and every four years after that date. SECTION . Amends Section 361.034(a), Health and Safety Code, to include the report required by Section 5.178(b), Water Code (which includes a summary of a performance report of the industrial and hazardous waste fees, an evaluation of progress made in the state's policy concerning preference of waste management methods, projection of volumes of waste, projections of adequate capacity, an evaluation of the state's municipal solid waste plan, the status of procurement of products made of recycled materials that are useable, the status of the governmental entity recycling program, the status of the public education program, and recommendations for improving the management of municipal solid waste. SECTION . Amends Section 361.038, Health and Safety Code, to change the annual report the hazardous waste facility inspection report to being part of the biennial appendix. Removes requirement to publish notice of availability in the Texas Register. SECTION 6. Amends Section 361.485(a), Health and Safety Code, to change the date of the submission of the report on the tire recycling program from February 1 of odd-numbered years to December 1 of even-numbered years. SECTION 7. Amends Section 361.510, Health and Safety Code, to include the pollution prevention report as part of the biennial appendix. SECTION 8. Amends Section 371.063, Health and Safety Code, to change the used oil recycling fund report from annual to biennial, due by December 1 of each even-numbered year. SECTION 9. Amends Section 382.141, Health and Safety Code, to change the due date for the report on the alternative fuels program from not later than the 30th day before the commencement of each regular session to being due by December 1 of each even-numbered year. SECTION 10. Amends Section 2155.448 (b), Government Code to delete the governor, lieutenant governor, and speaker of the house from the list of those who are required to receive the report on expenditures for recycled materials from each state agency. SECTION 11. Amends Section 5.02, Water Code, to require the commission, by December 1 of each even-numbered year, to submit a comprehensive report concerning the creation of groundwater conservation districts under Chapters 35 and 36, Water Code. Other amendments are made as conforming changes. SECTION 12. Repeals: Sec. 361.034, H&S (an annual report which includes a summary of a performance report of the imposed industrial & hazardous waste fees under Subchapter D, the status of the public education program, and several others); Sec. 361.038, H&S (the annual inspection report); and Sec. 26.349, Water (an annual report of releases and corrective action). SECTION 13. The first annual report under this Act is for the fiscal biennium beginning September 1, 1996, and is due December 1, 1998. SECTION 14. Effective date: September 1, 1997. SECTION 15. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE HB 1133 CSHB 1133 SECTION 1. (5.178 Water Code) Format of reporting system: Annual Report with annual appendixes (due on January 1, each year) and biennial appendixes (due on January 1 of an oddnumbered year) SECTION 1. (5.178 Water Code) Format of reporting system: Biennial report (due on December 1 of each even numbered year) with annual reports (due on December 1 every year) and biennial reports (due on December 1 of each even numbered year) Annual Report includes a statement of activities of the commission during the preceding fiscal year. Biennial Report includes a statement of the activities of the commission during the preceding fiscal biennium. The Annual Report includes as an annual appendix the oil recycling report. The oil recycling report is addressed in SECTION 8 of CSHB 1133. The Annual Report due on January 1 of an oddnumbered year includes the commission's recommendations for necessary and desirable legislation. The Biennial Report due on December 1 of an even-numbered year includes the commission's recommendations for necessary and desirable legislation. The Annual Report due on January 1 of an oddnumbered year also includes the following biennial appendixes: A) an air report to include the alternative fuels report B) an industrial and solid waste report to include the reports required by the following Sections of the Health and Safety Code: _ 361.0232(a) ( the commercial hazardous waste management assessment of capacity); _ 361.0233(a) (the commercial nonhazardous waste management assessment of capacity); _ 361.034(a) (includes a number of summaries, evaluations and status reports); _ 361.038 (annual inspection report); and _ Section 26.349(b), Water Code (compilation of reported releases from an underground or aboveground storage tank; currently an annual report) C) a municipal solid waste report to include the updated solid waste plan D) a pollution prevention report to include the reports required by the following Sections of the Health and Safety Code: _ 361.0219(c) (Office of waste exchange progress report; currently an annual report) _ 361.485 (Administration of the waste tire recycling program) _ 361.510 (source reduction and minimization E) a water report to include the reports required by Section 26.0135(d), Water Code (water quality assessment) and Section 5.02, Chapter 133, Acts of 69th, Regular, 1968 (Activities relating to the creation of underground water districts) The report due by December 1 of even-numbered years also includes the assessments and reports required by the following sections of Health & Safety: 361.0219, Health and Safety (progress in implementing a plan to inform interested persons on waste exchange); 361.0232 (on assessment of commercial hazardous waste management capacities); 361.034 (which includes a number of summaries, evaluations and status reports); 361.485 (waste tire recycling); 361.510 (source reduction and waste minimization programs); 371.063 (on the oil recycling fund) 382.141 (on alternative fuels); and the reports required by: and these reports: 26.0135, Water Code (water quality assessment); and Section 5.02, Chapter 133, Acts of the 69th Legislature, Regular Session, (underground water districts). Requires the commission to file an annual complete and detailed report accounting for all funds received and disbursed by the commission during the preceding year. This is the same as CSHB 1133. Requires the commission to file an annual complete and detailed report accounting for all funds received and disbursed by the commission during the preceding year. This is the same as HB 1133. SECTION 2. The summary of each river authority's assessment report required by Section 26.0135(d), Water Code is included in the biennial appendix to the Annual Report. SECTION 2. The summary of each river authority's assessment report required by Section 26.0135(d), Water Code is submitted by December 1 of each even-numbered year. SECTION 3. Amends Section 26.349(b), Water Code, changing the report on releases from underground petroleum storage tank sites from an annual report to being included in the biennial appendix. Section 26.349(b), Water Code, is repealed in SECTION 12 of the CSHB 1133. SECTION 4. Amends Section 361.020, Health and Safety Code, to include the statewide comprehensive strategic plan part of the biennial appendix. SECTION 3. The statewide strategic plan shall be updated every four years. The updated plan shall be submitted by December 1, 2000 and every four years thereafter. (This is currently biennial) SECTION 5. Amends Section 361.0219(c), Health and Safety Code, to change the Office of Waste Exchange report from an annual report to being included in the biennial appendix. SECTION 4. The Office of Waste Exchange report is changed from an annual report to a biennial report due by December 1 of each evennumbered year. SECTION 6. Amends Section 361.0234, Health and Safety Code, to include the assessment of commercial hazardous waste management capacity and the assessment of commercial nonhazardous waste management capacity as part of the biennial report. SECTION 5. The assessment of commercial hazardous waste management capacity is updated every two years and the report is due on December 1 of each even-numbered year. The assessment of commercial nonhazardous waste management capacity is updated every four years, and the report is due on December 1, 2000 and every four years thereafter. SECTION 7. Amends Section 361.034(a), Health and Safety Code, to include the report required by Section 5.178(b), Water Code (which includes a summary of a performance report of the industrial and hazardous waste fees, an evaluation of progress made in the state's policy concerning preference of waste management methods, projection of volumes of waste, projections of adequate capacity, an evaluation of the state's municipal solid waste plan, the status of procurement of products made of recycled materials that are useable, the status of the governmental entity recycling program, the status of the public education program, and recommendations for improving the management of municipal solid waste. Section 361.034(a), Health and Safety Code is repealed in SECTION 12 of CSHB 1133. SECTION 8. Amends Section 361.038, Health and Safety Code, to change the annual report the hazardous waste facility inspection report to being part of the biennial appendix. Removes requirement to publish notice of availability in the Texas Register. Section 361.038, Health and Safety Code is repealed in SECTION 12 of CSHB 1133. SECTION 9. Amends Section 361.485(a), Health and Safety Code, to include the report on the tire recycling program as part of the biennial appendix. SECTION 6. Amends Section 361.485(a), Health and Safety Code, to include the report on the tire recycling program as a biennial report due on December 1 of even-numbered years. SECTION 10. Amends Section 361.510, Health and Safety Code, to include the pollution prevention report as part of the biennial appendix. SECTION 7. Amends Section 361.510, Health and Safety Code, to include the pollution prevention report as a biennial report due on December 1 of even-numbered years. SECTION 11. Amends Section 371.063, Health and Safety Code, to include the used oil recycling fund report as part of the annual appendix. SECTION 8. Amends Section 371.063, Health and Safety Code, to include the used oil recycling fund report as a biennial report due on September 1 of even-numbered years. SECTION 12. Amends Section 382.141, Health and Safety Code, to include the report on the alternative fuels program as part of the biennial appendix. SECTION 9. Amends Section 382.141, Health and Safety Code, to include the report on the alternative fuels program as a biennial report due on December 1 of each even-numbered year. No similar provision in HB 1133. SECTION 10. Section 2155.448(b), Government Code, is amended to require the report on Expenditures for recycled materials to be delivered to the LBB only. SECTION 13. Amends Section 5.02, Water Code, to include the report on groundwater conservation districts as part of the biennial report. SECTION 11. Amends Section 5.02, Water Code, to include the report on groundwater conservation districts as a biennial report due on December 1 of each even-numbered year. SECTION 12. Repeals the following: Sec. 361.034, H&S (an annual report which includes a summary of a performance report of the imposed industrial & hazardous waste fees under Subchapter D, the status of the public education program, and several others); Sec. 361.038, H&S (the annual inspection report); and Sec. 26.349, Water (an annual report of releases and corrective action). SECTION 14. The first annual report under this Act is for the fiscal year starting September 1, 1997, and is due January 1, 1999. SECTION 13. The first biennial report required is for the fiscal biennium beginning September 1, 1996 and is due December 1, 1998. SECTION 15. Effective date: September 1, 1997. SECTION 14. Effective date: September 1, 1997. SECTION 16. Emergency clause. SECTION 15. Emergency clause.