ACG H.B. 3192 75(R)BILL ANALYSIS ENVIRONMENTAL REGULATION C.S.H.B. 3192 By: Jackson 4-29-97 Committee Report (Substituted) BACKGROUND Currently, the process to obtain a Standard Exemption No. 71 for ready mix concrete plants includes the possibility of a contested case hearing. Public testimony given during the hearing's process is subjected to the stringent rules of evidence and cross examination. Therefore, to fully participate in the process, the affected persons must retain counsel to represent their interests in a trial-like public hearing. For most individuals, the financial implications associated with the hiring of a qualified environmental attorney is often too expensive for them to undertake. Furthermore, the affected persons are informed by the hearing examiner when they appear at the public hearing that their testimony is to be solely limited to issues pertaining to air emission standards. Additionally, the state is also burdened with the expense associated to complete the application process for a Standard Exemption No. 71. PURPOSE CSHB 3192 will provide for a hearings process for Standard Exemption No. 71 applications that enhances public participation at lower cost for affected persons. In addition, this legislation creates a process that is more time effective and less costly to state government. 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 382.058, Health and Safety Code by adding Subsections (d), (e) and (f) as follows: Section 382.058 (d) Provides that the commission must hold a hearing within 45 days after the commission determines that a public hearing is required. The hearing will be held in accordance with the procedure under Section 382.0561. Section 382.058 (e) Requires that all appeals of commission action relating to a facility be governed by Section 382.032. Furthermore, the record on appeal will consist of all pertinent information on which the commission has based its decision. Section 382.058 (f) Provides that the passage of this legislation shall not affect any application filed prior to September 1, 1997. SECTION 2. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The original bill prohibited dispersion modeling of emissions from being received at the hearing in question. The substitute removed the dispersion modeling language. The original bill did not have a subsection (f); the substitute added a subsection (f).