ACG H.B. 1936 75(R)BILL ANALYSIS ENVIRONMENTAL REGULATION C.S.H.B. 1936 By: Tillery 4-18-97 Committee Report (Substituted) BACKGROUND Persons applying for a hazardous waste permit from the Texas Natural Resource Conservation Commission (commission) are required to publish notice of intent in a newspaper of the largest general circulation published in the county in which the facility is proposed to be located. On receiving an application, the commission is required to notify the state senator and representative who represent the area in which the facility will be located. When a permit application is determined to be administratively complete, the commission is required to mail a summary of the application to the mayor and health authority of a municipality in which the facility is to be located and to the county judge and the health authority of the county in which the facility is located. Officials of a county or municipality that is within 1,000 feet of the proposed site, but not actually host to the site, may not be included in the notification process. PURPOSE CSHB 1936 would require notice to a municipality within 1000ft. of a site for which a person is seeking a hazardous waste permit, a solid waste permit, or certain air permits. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is inherently granted to the Texas Natural Resource Conservation Commission in SECTION 1 of the bill [Section 361.0642(c)(5), Health and Safety Code], and in SECTION 2 of the bill [Section 382.05165(c)(5), Health and Safety Code.] SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter C, Chapter 361, Health and Safety Code, by adding Section 361.0642 as follows: Section 361.0642 (a) Requires a person who files certain solid waste or hazardous solid waste applications with the commission, to send notice of the application to the governing body of a municipality if the perimeter of the proposed facility is less than 1,000 feet outside the corporate limits of the municipality. Section 361.0642 (b) Requires notice to be sent at the same time notice of intent to file is submitted. Section 361.0642 (c) Notice must describe location and proposed activities, contact and other information. Section 361.0642 (c) This notice requirement is in addition to any other notice required. SECTION 2. Amends Subchapter C, Chapter 382, Health and Safety Code, by adding Section 382.05165 as follows: Section 382.05165(a) Requires a person who files an application with the commission for certain permits for facilities that may emit air contaminants, to send notice of the application to the governing body of a municipality if the perimeter of the proposed facility is less than 1,000 feet outside the corporate limits of the municipality. Section 382.05165(b) Requires notice to be sent at the same time notice of intent to file is submitted. Section 382.05165(c) Notice must describe location and proposed activities, contact and other information. Section 382.05165(d) This notice requirement is in addition to any other notice required. SECTION 3. Effective date: September 1, 1997; prospective. SECTION 4. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE HB 1936 included counties and municipalities; CSHB does not include counties. HB 1936 applied only to a person who filed with the commission certain solid waste or hazardous solid waste applications. CSHB includes persons who file with the commission certain solid waste or hazardous solid waste applications and adds a person who files with the commission certain applications for a facility that may emit air contaminants.