SRC-SLL S.B. 803 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 803
By: Lucio
Natural Resources
3-11-97
As Filed


DIGEST 

Currently, the Texas Natural Resource Conservation Commission (TNRCC) is
responsible for issuing permits for solid waste management facilities.  In
the early 1980s, the Texas Air Control Board (TACB) ruled that a permitted
solid waste management facility was also required to obtain an air permit.
Legislation passed in 1985 contained a concept called one-stop permitting
whereby provisions of the TACB permit could added to the Texas Water
Commission (TWC) industrial or hazardous waste permits or to the Texas
Department of Health (TDH) municipal solid waste permits so that
applicants could make a single application and be granted a single permit
covering all relevant agencies.  In 1991, the legislature abolished TACB
effective September 1, 1993, and changed the name of TWC to TNRCC.
Additionally, the TDH responsibility for municipal solid waste facilities
was transferred to TNRCC.  Because all affected program areas involved in
the onestop permitting option were consolidated into one agency, the
provisions were repealed as unnecessary.  However, there is now confusion
over the existence of sufficient legal authority within TNRCC to continue
to accomplish the intent of those provisions.  This bill will provide for
one-stop permitting by TNRCC and would allow TNRCC flexibility to exempt
solid waste management facilities from requirements to have air provisions
in permits when appropriate. 

PURPOSE

As proposed, S.B. 803 provides for one-stop permitting for solid waste
management facilities by Texas Natural Resource Conservation Commission
(TNRCC) and allows TNRCC flexibility to exempt solid waste management
facilities from requirements to have air provisions in permits when
appropriate. 

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 Chapter 361C, Health and Safety Code, by adding Section
361.0865, as follows: 

Sec.  361.0865.  SINGLE PERMITTING.  Provides that the owner or operator
of a solid waste management facility is not required to obtain more than
one permit for certain types of activities unless an additional permit is
required by federal law or a permit issued by the Railroad Commission of
Texas is required under Chapter 27, Water Code.  Requires the Texas
Natural Resource Conservation Commission (TNRCC), on request of an
applicant, to consolidate air and waste management requirements in a
single permit, and requires the review of the permit application to be
through a single permit hearing.  Authorizes TNRCC to exempt classes of
solid waste management facilities from air impact review or from permit
provisions relating to air impacts because of low potential for air
impacts offsite.  Prohibits TNRCC from applying this section in a manner
inconsistent with federal law. 

SECTION 2. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 3. Emergency clause.