ACG C.S.H.B. 2701 75(R)BILL ANALYSIS ENVIRONMENTAL REGULATION C.S.H.B. 2701 By: Talton 4-15-97 Committee Report (Substituted) BACKGROUND A review of existing statutes reveals substantial differences between programs in the procedures for amending or modifying permits. For example the notice requirements for modifications differ from the municipal solid waste division to the industrial and hazardous waste program, and there are no provisions for modifications of water quality permits. These procedures also are set out in different areas of the statutes, making it difficult to locate the controlling law. These problems may cause confusion on the part of applicants and the general public. PURPOSE The legislation will make it easier for permit applicants and the public to locate and understand the requirements for amending a permit. The bill would allow the Texas Natural Resource Conservation Commission to adopt rules making the process for changing a permit as consistent as possible between all state programs and with federal requirements for delegated programs. RULEMAKING AUTHORITY Rulemaking authority is granted to the Texas Natural Resources Conservation Commission under SECTION 1 of the bill (Section 5.401(b), Water Code). SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 5 of the Water Code by adding a new Subchapter J as follows: Sec. 5.401. Authorizes the commission to amend or modify permits or licenses; requires the commission to adopt rules for amendment and modification procedures; incorporates by reference Section 5.312 of the Water Code; excludes water rights permits issued under Section 11.122 from the requirements of Subchapter J; stipulates that the lists in this subchapter that apply to an application to amend or modify are not exclusive. Sec. 5.402. Establishes requirements applicable to of a permit for solid waste facilities under Chapter 361 of the Health and Safety Code; incorporates by reference Section 361.067, Health and Safety Code; requires the commission to publish notice and hold a public meeting consistent with Section 361.0791, Health and Safety Code, and to provide an opportunity for a hearing to the applicant and affected persons; incorporates by reference Sections 361.084, 361.085, 361.0871, 361.0885, 361.089 and 361.137, Health and Safety Code, for applications for amendment; incorporates by reference Sections 361.0791 and 361.137, Health and Safety Code, for applications for modification. Sec. 5.403. Establishes requirements specifically applicable to modifications and amendments of air permits under Chapter 382 of the Health and Safety Code; authorizes the commission to issue permits for modification of existing facilities; incorporates by reference Sections 382.051, 382.0511, 382.0512, 382.0518, 382.052, 382.056, 382.0563, 382.059,382.0591 and 382.062, Health and Safety Code. Sec. 5.404. Establishes requirements specifically applicable to amendments to water quality permits issued under Chapter 26; authorizes the commission to issue amendments to water quality permits; incorporates by reference Sections 26.027, 26.028, 26.0281, 26.0282, 26.2083, 26.029 and 26.048. Sec. 5.405. Applies this section to a license issued under Chapter 401, Health and Safety Code; incorporates by reference Sections 401.107, 401.116, and 401.118, Health and Safety Code. SECTION 2. Effective date: September 1, 1997. SECTION 3. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute does not have provision for the consolidated permit being reopened for consideration as found in Section 5.403 of the original. HB 2701, Section 5.404 allows the commission to amend a permit issued by the commission under Chapter 26, Water Code. The original bill also contains requirements for the content of the application, permission for the commission to set for consideration and act on the application without holding a public hearing, and requirements for mailing notice of the application to certain officials who may present information to the commission . CSHB 2701, Section 5.404 allows the commission to amend a permit issued by the commission under Chapter 26, Water Code, but does not contain the additional provisions contained in the original bill. HB 2701, Section 5.405 stipulates that this section applies to a license issued by the commission under Chapter 401, Health and Safety Code. In addition, the original bill allows an amendment to take effective immediately, and gives notice and hearing requirements. CSHB 2701, Section 5.405 stipulates that this section applies to a license issued by the commission under Chapter 401, Health and Safety Code, but does not contain the additional provisions contained in the original bill. SECTIONS 2 and 3 of the original bill are not contained in the substitute.