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.