DLS S.B. 1150 75(R)    BILL ANALYSIS


ENVIRONMENTAL REGULATION
S.B. 1150
By: Nixon, Drew (Walker)
5-9-97
Committee Report (Unamended)


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

S.B. 1150 will modify 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(a), Health and Safety Code as follows:
 (a)(1)(A) deletes biennial requirement for registration with the
commission;    (a)(1)(B) deletes annual reporting requirement. 
 (a)(1)(C) stipulates that the liability insurance and financial
responsibility requirements do not apply to a used oil handler who has
certain affiliations with owners or operators where the used oil is
generated. 
 (a)(2) 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.