ACG H.B. 3221 75(R)BILL ANALYSIS ENVIRONMENTAL REGULATION C.S.H.B. 3221 By: Walker 4-18-97 Committee Report (Substituted) BACKGROUND In the previous session, legislation was passed which enabled the Texas Natural Resource Conservation Commission (commission) to apply for delegation to the federal Used Oil Management program. However, the aspects relating to registration, reporting and financial assurance provisions in the bill were more excessive than the federal tenants of the Used Oil program. These extraneous rules create an economical hardship on small and rural oil handlers while producing no significant improvement to public health, to the environment, or to efforts to recycle more used oil. PURPOSE CSHB 3221 will codify, with existing federal requirements, state regulations regarding registration, reporting, and financial assurance requirements of used oil facilitators. 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 371.026, Health and Safety Code as follows: Section 371.026 (a) deletes biennial requirement for registration with the commission, and deletes annual reporting requirement. Section 371.026 (b) is added to specify that subsection (a)(3) does not apply to a used oil generator or a person who has certain affiliations with a used oil generator. Section 371.026 (c) requires a used oil processor or rerefiner to report to the commission not later than December 1 of each odd-numbered year on quantity of oil accepted and the specific process used. SECTION 2: Effective date: September 1, 1997. SECTION 3: Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE HB 3221 stipulated that proof of liability insurance be for liability in handling used oil consistent with and not more stringent than federal standards. CSHB 3221 does not include this stipulation. CSHB 3221 exempts used oil generators and persons owned or controlled by or under common ownership or control with a used oil generator from Subsection 371.026(a)(3) of the code. HB 3221 does not have this exemption. CSHB changes the date of the reporting requirement from the filed version.