SRC-HRD H.B. 3019 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 3019
By: Allen (Sponsor)
Natural Resources
5-16-97
Engrossed


DIGEST 

The Texas Clean Air Act currently requires a person to obtain a permit
from the Texas Natural Resource Conservation Commission (commission)
before beginning work on the construction of a new facility or
modification of an existing facility which may emit air contaminants.  The
Texas Clean Air Act also currently allows the commission to grant
exemptions if there will not be a significant contribution of air
contaminants to the atmosphere.  The commission and its predecessor
agency, the Texas Air Control Board, interpreted this section to apply to
both changes at existing facilities as well as construction of new
facilities, such as small businesses with  insignificant air emissions.
However, recent reviews of the language in Section 382.057 by the
commission have raised the question whether it, in fact, does apply to
both existing facilities as well as new facilities.     

H.B. 3019 would clarify that the commission may grant an exemption for
changes made to an existing facility and may grant an exemption for
construction of a new facility until September 1, 1999, provided that
there will not be a significant contribution of air contaminants to the
atmosphere.
PURPOSE

As proposed, H.B. 3019 clarifies that the Texas Natural Resource
Conservation Commission may grant an exemption for changes made to an
existing facility and may grant an exemption for construction of a new
facility until September 1, 1999, provided that there will not be a
significant contribution of air contaminants to the atmosphere.  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 382.057, Health and Safety Code, to authorize
the commission, if it is found on investigation that such changes or types
of facilities will not make a significant contribution of air contaminants
to the atmosphere and consistent with Section 382.0511, by rule, to exempt
from the requirements of Section 382.0518 changes to another facility
requested under or authorized by commission rule before September 1, 1999.
Prohibits anything in this section, rather than this subsection, from
being construed to limit the commission's general power to control the
state's air quality under Section 382.011(a).  Makes conforming changes.   

SECTION 2. Effective date: September 1, 1997.

SECTION 3. Emergency clause.