SRC-CDH S.B. 1758 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1758
By: Fraser
Natural Resources
4-14-97
As Filed


DIGEST 

Currently, the process to obtain a Standard Exemption No. 71 for ready mix
concrete plants includes the possibility of a contested case hearing.
Public testimony given during the hearings process is presently subjected
to the stringent rules of evidence and cross examination.  Therefore, to
fully participate in the process, the affected persons must retain counsel
to represent their interests in a trial-like public hearing.  For most
individuals, the financial implications associated with the hiring of a
qualified environmental attorney is often too expensive for them to
undertake.  Furthermore, the affected persons are informed by the hearing
examiner when they appear at the public hearing that their testimony is to
be solely limited to issues pertaining to air emission standards.  S.B.
1758 would alleviate the constraint of the current contested case process
and allow for the affected persons to have more access to public hearing.
Also, it would allow for public testimony on any issue that a person deems
important.  Additionally, the current public hearing process is costly to
the state insofar as the money and time associated to complete the
application process.  This legislation would relieve the state of these
costly burdens without changing the level of environmental requirements
currently provided for public protection. 

PURPOSE

As proposed, S.B. 1758 provides for hearings on certain exemptions from
permitting procedures under the Texas Clean Air Act. 

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 Section 382.058, Health and Safety Code, by adding
Subsections (d) and (e), to require a hearing, when the Texas Natural
Resource Conservation Commission (commission) determines that a public
hearing is required, to be held within 45 days after the date of the
commission's determination and conducted in accordance with the procedure
for public hearings held under Section 382.0561.  Prohibits dispersion
modeling of emissions from being received at such hearing or otherwise
reviewed or considered in connection with a proposed facility governed by
this section.  Requires any appeal of commission action regarding a
facility governed by this section to be brought pursuant to Section
382.032.  Requires the record on appeal to consist of all written and oral
substantive public comments, responses to comments, and other information
on which the commission based its decision. 

SECTION 2. Emergency clause.  
  Effective date:  upon passage.