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.