SRC-CDH C.S.S.B. 1150 75(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1150
By: Nixon
Natural Resources
4-18-97
Committee Report (Substituted)


DIGEST 

Currently, the Texas Natural Resource Conservation Commission (TNRCC) has
processor/rerefiner and transporter reporting and registration
requirements for used oil that are more stringent than federal
regulations, and which are burdensome for the regulated community and
TNRCC, both of which have limited resources.  During the 74th Legislative
Session, a bill was passed which enabled TNRCC to apply for delegation of
the federal Used Oil Management Program.  S.B. 1150 changes certain
registration, reporting, and financial assurance requirements so that they
are consistent with existing federal requirements for the recycling of
used oil. 
  
PURPOSE

As proposed, C.S.S.B. 1150 establishes registration and reporting
requirements pursuant to the collection, management, and recycling of used
oil.  

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Natural Resource Conservation
Commission in SECTION 1 (Section 371.026(a), Health and Safety Code) of
this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 371.026, Health and Safety Code, by amending
Subsection (a), as follows: 

Sec. 371.026.  New heading:  REGISTRATION AND REPORTING REQUIREMENTS OF
USED OIL HANDLERS OTHER THAN GENERATORS.  Requires the Texas Natural
Resource Conservation Commission (commission) to adopt rules governing
registration and reporting of certain used oil handlers which require that
a used oil handler other than a generator provide proof of liability
insurance or other evidence of financial responsibility for any liability
that may be incurred in handling used oil.  Establishes that this
provision does not apply to a used oil handler which is owned or otherwise
effectively controlled by the owners or operators where the used oil is
generated; and that a used oil processor or rerefiner must report to the
commission on certain issues by a certain date.  Deletes the provision
requiring the rules to require a used oil handler other than a generator
to register biennially and report annually on certain issues.  Makes
conforming changes. 

SECTION 2. Effective date:  September 1, 1997.

SECTION 3. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

Amends the relating clause to delete the reference to used oil filters.

SECTION 1.

Amends Section 371.026, Health and Safety Code, to delete the requirement
that the rules require a used oil handler other than a generator to
provide proof of liability insurance  consistent with and not more
stringent than the standards under the Resource Conservation and Recovery
Act of 1976.  Establishes that this provision does not apply to a used oil
handler which is owned or otherwise effectively controlled by the owners
or operators where the used oil is generated.  Makes the report required
of a used oil processor or rerefiner due December 1 of each odd-numbered
year, rather than March 1 of each even-numbered year.