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.