By Dukes H.B. No. 1133
75R411 MI-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain reporting requirements for the Texas Natural
1-3 Resource Conservation Commission.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 5.178, Water Code, is amended to read as
1-6 follows:
1-7 Sec. 5.178. ANNUAL REPORTS; ANNUAL AND BIENNIAL APPENDIXES
1-8 [REPORTS TO GOVERNOR]. (a) On or before January 1 of each year,
1-9 the [The] commission shall file with [make biennial reports in
1-10 writing to] the governor and the members of the legislature a
1-11 written report that includes[. Each report shall include] a
1-12 statement of the activities of the commission during the preceding
1-13 fiscal year. The report shall include as an annual appendix the
1-14 report required by Section 371.063, Health and Safety Code [and its
1-15 recommendations for necessary and desirable legislation].
1-16 (b) The report due by January 1 of an odd-numbered year
1-17 shall include, in addition:
1-18 (1) the commission's recommendations for necessary and
1-19 desirable legislation; and
1-20 (2) the following biennial appendixes:
1-21 (A) an air report, to include the report
1-22 required by Section 382.141, Health and Safety Code;
1-23 (B) an industrial and hazardous waste report, to
1-24 include the assessments and reports required by Sections
2-1 361.0232(a), 361.0233(a), 361.034(a), and 361.038, Health and
2-2 Safety Code, and Section 26.349(b) of this code;
2-3 (C) a municipal solid waste report, to include
2-4 the plan required by Section 361.020(a), (b), and (e), Health and
2-5 Safety Code;
2-6 (D) a pollution prevention report, to include
2-7 the reports required by Sections 361.0219(c), 361.485, and 361.510,
2-8 Health and Safety Code; and
2-9 (E) a water report, to include the reports
2-10 required by Section 26.0135(d) of this code and Section 5.02,
2-11 Chapter 133, Acts of the 69th Legislature, Regular Session, 1985.
2-12 (c) [(b)] The commission shall file annually with the
2-13 governor and the presiding officer of each house of the legislature
2-14 a complete and detailed written report accounting for all funds
2-15 received and disbursed by the commission during the preceding year.
2-16 The form of the annual report and the reporting time shall be that
2-17 provided in the General Appropriations Act.
2-18 SECTION 2. Section 26.0135(d), Water Code, is amended to
2-19 read as follows:
2-20 (d) On or before October 1 of each even-numbered year, each
2-21 river authority shall report in writing to the governor,
2-22 commission, State Soil and Water Conservation Board, and Parks and
2-23 Wildlife Department on the water quality assessment of the
2-24 authority's watershed, including an identification of any
2-25 significant regulatory or enforcement issues, and on any actions
2-26 taken by the authority and other local governments to improve water
2-27 quality within the authority's watershed. The assessment report
3-1 must identify each legal, administrative, economic, or other
3-2 impediment to further water quality efforts by the authority and
3-3 local governments. The commission shall then prepare a report that
3-4 summarizes each river authority's assessment report, describes the
3-5 commission's regional water quality assessment efforts, and lists
3-6 the commission's past and proposed actions for improving water
3-7 quality within the watersheds subject to such assessments. The
3-8 commission shall include [submit] its report, along with the
3-9 commission's comments and recommendations on regional water quality
3-10 management, in the biennial appendix to the commission's report as
3-11 required by Section 5.178(b) [to the governor, the lieutenant
3-12 governor, and the speaker of the house of representatives on or
3-13 before December 1 of each even-numbered year].
3-14 SECTION 3. Section 26.349(b), Water Code, is amended to read
3-15 as follows:
3-16 (b) The commission shall prepare a biennial [an annual]
3-17 compilation of reported releases[, make that report available to
3-18 the public,] and include [provide] that report in the biennial
3-19 appendix to the commission's report as required by Section 5.178(b)
3-20 [to the legislature and to the governor]. The report must contain,
3-21 for each reported release:
3-22 (1) the corrective action or other response taken by
3-23 the owner, operator, commission, or any local governmental agency;
3-24 and
3-25 (2) any information or enforcement action taken by the
3-26 commission against the owner or operator responsible for the
3-27 release.
4-1 SECTION 4. Section 361.020, Health and Safety Code, is
4-2 amended by adding Subsection (f) to read as follows:
4-3 (f) The commission shall include the comprehensive statewide
4-4 strategic plan, as developed under this section and Section
4-5 361.0201 and updated under Subsection (e), in the biennial appendix
4-6 to the commission's report as required by Section 5.178(b), Water
4-7 Code.
4-8 SECTION 5. Section 361.0219(c), Health and Safety Code, is
4-9 amended to read as follows:
4-10 (c) The office of waste exchange shall adopt a plan for
4-11 providing to interested persons information on waste exchange [and
4-12 shall report to the legislature on the plan and on the state's
4-13 participation in any regional or national waste exchange program].
4-14 Biennially [Annually] the office of waste exchange shall report to
4-15 the commission [legislature] on progress in implementing this
4-16 section, including the plan to provide information on waste
4-17 exchange, the state's participation in any national or regional
4-18 waste exchange program, and information on the movement and
4-19 exchange of materials and the effect on recycling, composting, and
4-20 reuse rates in the state. The commission shall include the report
4-21 in the biennial appendix to the commission's report as required by
4-22 Section 5.178(b), Water Code.
4-23 SECTION 6. Section 361.0234, Health and Safety Code, is
4-24 amended by adding Subsection (d) to read as follows:
4-25 (d) The commission shall include the assessments as prepared
4-26 under Sections 361.0232 and 361.0233 and updated under Subsection
4-27 (b) in the biennial appendix to the commission's report as required
5-1 by Section 5.178(b), Water Code.
5-2 SECTION 7. Section 361.034(a), Health and Safety Code, is
5-3 amended to read as follows:
5-4 (a) The commission shall include in the biennial appendix to
5-5 the commission's report as required by Section 5.178(b), Water
5-6 Code, a report that includes [submit a report to the presiding
5-7 officers of the legislature and the governor not later than January
5-8 1 of each odd-numbered year. The report must include]:
5-9 (1) a summary of a performance report of the imposed
5-10 industrial solid waste and hazardous waste fees authorized under
5-11 Subchapter D and related activities to determine the
5-12 appropriateness of the fee structures;
5-13 (2) an evaluation of progress made in accomplishing
5-14 the state's public policy concerning the preference of waste
5-15 management methods under Section 361.023;
5-16 (3) projections of the volume of waste by type of
5-17 waste, disposition of waste, and remaining capacity or capacity
5-18 used for the treatment and disposal of the waste;
5-19 (4) projections of the availability of adequate
5-20 capacity in this state for the management of all types of hazardous
5-21 waste generated within the state and a report of the amounts,
5-22 types, and sources of hazardous waste imported into and exported
5-23 from the state in the previous year;
5-24 (5) an evaluation of the progress made and activities
5-25 engaged in consistent with the state's municipal solid waste
5-26 management plan, in particular the progress toward meeting the
5-27 waste reduction goal established by Section 361.0201(d);
6-1 (6) an evaluation of the progress made by local
6-2 governments under the solid waste management plans;
6-3 (7) the status of state procurement under Section
6-4 361.426 of products made of recycled materials or that are
6-5 reusable, including documentation of any decision not to purchase
6-6 those products;
6-7 (8) the status of the governmental entity recycling
6-8 program established under Section 361.425, including the status of
6-9 collection and storage procedures and program evaluations required
6-10 by that section;
6-11 (9) the status of the public education program
6-12 described in Section 361.0202; and
6-13 (10) recommendations to the governor and to the
6-14 legislature for improving the management of municipal solid waste
6-15 in the state.
6-16 SECTION 8. Section 361.038, Health and Safety Code, is
6-17 amended to read as follows:
6-18 Sec. 361.038. BIENNIAL [ANNUAL] Inspection Report. (a) The
6-19 [In January of each year, the] commission shall include in the
6-20 biennial appendix to the commission's report as required by Section
6-21 5.178(b), Water Code, [publish] an [annual] inspection report that:
6-22 (1) summarizes the commission's inspection strategy
6-23 and the results of inspections conducted during the previous fiscal
6-24 year; and
6-25 (2) lists each hazardous waste treatment, storage, and
6-26 disposal facility not inspected.
6-27 (b) The report must identify each hazardous waste facility
7-1 inspected and include a list of:
7-2 (1) each facility that is in compliance with hazardous
7-3 waste regulations, including each facility with an exemplary record
7-4 of compliance over the preceding three years;
7-5 (2) each facility that has only minor or clerical
7-6 violations; and
7-7 (3) each facility that has substantive, nonclerical
7-8 violations, including each facility that has been adjudicated
7-9 during the preceding three years to have committed substantive,
7-10 nonclerical violations resulting in an actual release of hazardous
7-11 waste that presented an imminent and substantial endangerment to
7-12 the public health and safety or the environment.
7-13 (c) The report must identify the substantive, nonclerical
7-14 violations and either summarize corrective actions or describe the
7-15 status of unresolved violations.
7-16 [(d) The report shall be submitted to the governor,
7-17 lieutenant governor, and speaker of the house. The commission
7-18 shall provide notice of the report's availability by publishing
7-19 notice in the Texas Register.]
7-20 SECTION 9. Section 361.485(a), Health and Safety Code, is
7-21 amended to read as follows:
7-22 (a) The [Not later than February 1 of each odd-numbered
7-23 year, the] commission shall include in the biennial appendix to the
7-24 commission's report as required by Section 5.178(b), Water Code, a
7-25 report [to the governor and the legislature] on the administration
7-26 of the program established under this subchapter and its
7-27 effectiveness in cleaning up existing scrap tire sites and in
8-1 preventing new scrap tire sites.
8-2 SECTION 10. Section 361.510, Health and Safety Code, is
8-3 amended to read as follows:
8-4 Sec. 361.510. Report [TO LEGISLATURE]. Notwithstanding any
8-5 other reporting requirement, the commission shall prepare a
8-6 biennial report to be included in the biennial appendix to the
8-7 commission's report as required by Section 5.178(b), Water Code
8-8 [the presiding officers of the legislature and the governor
8-9 concerning the implementation of this subchapter]. The report must
8-10 include:
8-11 (1) the status of the technical assistance program;
8-12 (2) a description of progress toward reducing the
8-13 volume of hazardous waste generated and the amount of pollutants
8-14 and contaminants in the state;
8-15 (3) an analysis of and recommendations for changes to
8-16 source reduction and waste minimization programs, including
8-17 consideration of additional enforcement provisions; and
8-18 (4) an identification of any other needed pollution
8-19 prevention activities.
8-20 SECTION 11. Section 371.063, Health and Safety Code, is
8-21 amended to read as follows:
8-22 Sec. 371.063. ANNUAL Reporting Requirement. The commission
8-23 shall monitor the balance of the used oil recycling fund and shall
8-24 provide in the annual appendix to the commission's report as
8-25 required by Section 5.178(a), Water Code, a detailed report of all
8-26 income, expenditures, and programs funded [to the Texas Legislature
8-27 on an annual basis].
9-1 SECTION 12. Section 382.141, Health and Safety Code, is
9-2 amended to read as follows:
9-3 Sec. 382.141. Report Required. The commission shall report
9-4 biennially its evaluations and determinations on the use of
9-5 alternative fuels and recommend legislative changes necessary to
9-6 implement an effective and feasible program for the use of
9-7 alternative fuels. The report shall be included in the biennial
9-8 appendix to the commission's report as required by Section
9-9 5.178(b), Water Code [submitted to the governor and the legislature
9-10 not later than the 30th day before the commencement of each regular
9-11 legislative session].
9-12 SECTION 13. Section 5.02, Chapter 133, Acts of the 69th
9-13 Legislature, Regular Session, 1985, is amended to read as follows:
9-14 Sec. 5.02. (a) The [Not later than January 1, of each
9-15 odd-numbered year, the] Texas Natural Resource Conservation
9-16 Commission [Department of Water Resources] shall include in the
9-17 biennial appendix to the commission's report required by Section
9-18 5.178(b), Water Code, [submit to the governor, the lieutenant
9-19 governor, and the speaker of the house of representatives] a
9-20 comprehensive report concerning activities during the preceding two
9-21 years relating to the creation of groundwater conservation
9-22 [underground water] districts under special law or Chapter 35 or 36
9-23 [52], Water Code.
9-24 (b) The report must include:
9-25 (1) the names and locations of all groundwater
9-26 conservation [underground water] districts created or attempted to
9-27 be created on or after the effective date of H.B. No. 2, Acts of
10-1 the 69th Legislature, Regular Session, 1985;
10-2 (2) the chapter [subchapter] of the [Chapter 52,]
10-3 Water Code or the special law[,] under which each district was
10-4 proposed for creation;
10-5 (3) a detailed analysis of each election held to
10-6 create a district, including analysis of election results, possible
10-7 reasons for the success or failure to create a district, and the
10-8 possibility for future voter approval of districts in areas in
10-9 which attempts to create districts failed;
10-10 (4) a detailed analysis of the activities of each
10-11 district created on or after the effective date of H.B. No. 2, Acts
10-12 of the 69th Legislature, Regular Session, 1985;
10-13 (5) recommendations for changes in Chapter 35 or 36
10-14 [52], Water Code, that will facilitate the creation and operation
10-15 of groundwater conservation [underground water] districts; and
10-16 (6) any other information and recommendations that the
10-17 commission [department] considers necessary.
10-18 SECTION 14. (a) The first annual report required by Section
10-19 5.178, Water Code, as amended by this Act, is for the fiscal year
10-20 beginning September 1, 1997, and is due January 1, 1999.
10-21 (b) The Texas Natural Resource Conservation Commission shall
10-22 include in the biennial appendix to that report:
10-23 (1) the initial version of a plan or assessment
10-24 required under Sections 361.020, 361.0201, and 361.0232-361.0234,
10-25 Health and Safety Code, if the initial plan or assessment is not
10-26 adopted before September 1, 1997; or
10-27 (2) an updated plan or assessment if the initial plan
11-1 or assessment is adopted before September 1, 1997.
11-2 SECTION 15. This Act takes effect September 1, 1997.
11-3 SECTION 16. The importance of this legislation and the
11-4 crowded condition of the calendars in both houses create an
11-5 emergency and an imperative public necessity that the
11-6 constitutional rule requiring bills to be read on three several
11-7 days in each house be suspended, and this rule is hereby suspended.