1-1 By: Dukes (Senate Sponsor - Lindsay) H.B. No. 1133
1-2 (In the Senate - Received from the House April 14, 1997;
1-3 April 16, 1997, read first time and referred to Committee on
1-4 Natural Resources; May 15, 1997, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 6, Nays 0;
1-6 May 15, 1997, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 1133 By: Lindsay
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to certain reporting requirements for the Texas Natural
1-11 Resource Conservation Commission.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subchapter D, Chapter 5, Water Code, is amended
1-14 by adding Section 5.123 to read as follows:
1-15 Sec. 5.123. REPORT ON ENFORCEMENT ACTIONS. (a) Not later
1-16 than December 1 of each year, the commission shall:
1-17 (1) prepare an electronic report on its enforcement
1-18 actions for the preceding fiscal year, including a comparison with
1-19 its enforcement actions for each of the preceding five fiscal
1-20 years; and
1-21 (2) provide the report to the governor, lieutenant
1-22 governor, and speaker of the house of representatives.
1-23 (b) The report shall separately describe the enforcement
1-24 actions for each type of regulatory program, including programs
1-25 under Chapters 26 and 27 of this code and Chapters 361, 382, and
1-26 401, Health and Safety Code.
1-27 (c) The description of enforcement actions for each type of
1-28 regulatory program shall include:
1-29 (1) the number of inspections;
1-30 (2) the number of notices of violations;
1-31 (3) the number of enforcement actions;
1-32 (4) the type of enforcement actions;
1-33 (5) the amount of penalties assessed, deferred, or
1-34 collected; and
1-35 (6) any other information the commission determines
1-36 relevant.
1-37 (d) As soon as possible after the end of each fiscal year,
1-38 the attorney general shall provide the commission information on
1-39 enforcement actions referred by the commission to the attorney
1-40 general that were resolved during the preceding fiscal year or are
1-41 pending at the end of that fiscal year.
1-42 SECTION 2. Section 5.178, Water Code, is amended to read as
1-43 follows:
1-44 Sec. 5.178. ANNUAL REPORTS; BIENNIAL APPENDIXES [REPORTS TO
1-45 GOVERNOR]. (a) On or before December 1 of each even-numbered
1-46 year, the [The] commission shall file with [make biennial reports
1-47 in writing to] the governor and the members of the legislature a
1-48 written report that includes[. Each report shall include] a
1-49 statement of the activities of the commission during the preceding
1-50 fiscal biennium [and its recommendations for necessary and
1-51 desirable legislation].
1-52 (b) The report due by December 1 of an even-numbered year
1-53 shall include, in addition:
1-54 (1) the commission's recommendations for necessary and
1-55 desirable legislation; and
1-56 (2) the following reports:
1-57 (A) the assessments and reports required by
1-58 Sections 361.0219(c), 361.0232, 361.034, 361.485, 361.510, 371.063,
1-59 and 382.141, Health and Safety Code; and
1-60 (B) the reports required by Section 26.0135(d)
1-61 of this code and Section 5.02, Chapter 133, Acts of the 69th
1-62 Legislature, Regular Session, 1985.
1-63 (c) As part of the biennial reports required by this section
1-64 that are to be filed by December 1, 2000, and every four years
2-1 after that date, the commission shall file a municipal solid waste
2-2 report, to include the plans required by Sections 361.020 and
2-3 361.0201, Health and Safety Code, and an assessment of commercial
2-4 nonhazardous waste disposal capacity as required by Section
2-5 361.0233, Health and Safety Code.
2-6 (d) [(b)] The commission shall file annually with the
2-7 governor and the presiding officer of each house of the legislature
2-8 a complete and detailed written report accounting for all funds
2-9 received and disbursed by the commission during the preceding year.
2-10 The form of the annual report and the reporting time shall be that
2-11 provided in the General Appropriations Act.
2-12 SECTION 3. Section 26.0135(d), Water Code, is amended to
2-13 read as follows:
2-14 (d) On or before October 1 of each even-numbered year, each
2-15 river authority shall report in writing to the governor,
2-16 commission, State Soil and Water Conservation Board, and Parks and
2-17 Wildlife Department on the water quality assessment of the
2-18 authority's watershed, including an identification of any
2-19 significant regulatory or enforcement issues, and on any actions
2-20 taken by the authority and other local governments to improve water
2-21 quality within the authority's watershed. The assessment report
2-22 must identify each legal, administrative, economic, or other
2-23 impediment to further water quality efforts by the authority and
2-24 local governments. The commission shall then prepare a report that
2-25 summarizes each river authority's assessment report, describes the
2-26 commission's regional water quality assessment efforts, and lists
2-27 the commission's past and proposed actions for improving water
2-28 quality within the watersheds subject to such assessments. The
2-29 commission shall submit its report, along with the commission's
2-30 comments and recommendations on regional water quality management,
2-31 by December 1 of each even-numbered year as required by Section
2-32 5.178(b) [to the governor, the lieutenant governor, and the speaker
2-33 of the house of representatives on or before December 1 of each
2-34 even-numbered year].
2-35 SECTION 4. Section 361.020, Health and Safety Code, is
2-36 amended by amending Subsection (e) and adding Subsection (g) to
2-37 read as follows:
2-38 (e) A strategic plan shall be updated every four [two]
2-39 years. The commission continually shall collect and analyze data
2-40 for use in its next updated plan and systematically shall monitor
2-41 progress toward achieving existing plan objectives and goals. In
2-42 preparing its updated plan, an agency shall examine previously and
2-43 newly identified waste management problems, reevaluate its plan
2-44 objectives and goals, and review and update its planning documents.
2-45 (g) The commission shall submit the comprehensive statewide
2-46 strategic plan, as developed under this section and Section
2-47 361.0201 and updated under Subsection (e), by December 1, 2000, and
2-48 every four years after that date, as required by Section 5.178(c),
2-49 Water Code.
2-50 SECTION 5. Section 361.0219(c), Health and Safety Code, is
2-51 amended to read as follows:
2-52 (c) The office of waste exchange shall adopt a plan for
2-53 providing to interested persons information on waste exchange [and
2-54 shall report to the legislature on the plan and on the state's
2-55 participation in any regional or national waste exchange program].
2-56 Biennially [Annually] the office of waste exchange shall report to
2-57 the commission [legislature] on progress in implementing this
2-58 section, including the plan to provide information on waste
2-59 exchange, the state's participation in any national or regional
2-60 waste exchange program, and information on the movement and
2-61 exchange of materials and the effect on recycling, composting, and
2-62 reuse rates in the state. The commission shall submit the report
2-63 by December 1 of each even-numbered year as required by Section
2-64 5.178(b), Water Code.
2-65 SECTION 6. Section 361.0234, Health and Safety Code, is
2-66 amended to read as follows:
2-67 Sec. 361.0234. Rules; Update of Rules and Assessments;
2-68 REPORT. (a) To expedite the consideration of permits for
2-69 technologies that an assessment prepared under Section 361.0232 or
3-1 361.0233 determines to be most needed, the rules adopted by the
3-2 commission shall provide for a permitting process that encourages
3-3 the development of new and innovative disposal technologies, grants
3-4 preferences considering the hierarchies established by Sections
3-5 361.022 and 361.023, emphasizes waste reduction efforts, and
3-6 encourages applicants for permits for hazardous waste management
3-7 facilities to include recycling and recovery components where
3-8 appropriate.
3-9 (b) The commission shall update the assessment required by
3-10 Section 361.0232 [assessments] and related rules at least every two
3-11 years. The commission shall update the assessment required by
3-12 Section 361.0233 and related rules at least every four years. In
3-13 preparing an update of the assessment, the commission shall
3-14 consider source reduction and waste minimization plans and reports
3-15 submitted under Subchapter N.
3-16 (c) The assessment [assessments] and rules adopted under
3-17 this section and Section 361.0232 may not be applied retroactively
3-18 to any application that was declared administratively and
3-19 technically complete and for which public hearings had commenced
3-20 before June 7, 1991.
3-21 (d) The commission shall submit the assessment prepared
3-22 under Section 361.0232 and updated under Subsection (b) by December
3-23 1 of each even-numbered year as required by Section 5.178(b), Water
3-24 Code. The commission shall submit the assessment prepared under
3-25 Section 361.0233 and updated under Subsection (b) by December 1,
3-26 2000, and every four years after that date as required by Section
3-27 5.178(c), Water Code.
3-28 SECTION 7. Section 361.485(a), Health and Safety Code, is
3-29 amended to read as follows:
3-30 (a) The [Not later than February 1 of each odd-numbered
3-31 year, the] commission shall submit by December 1 of each
3-32 even-numbered year as required by Section 5.178(b), Water Code, a
3-33 report [to the governor and the legislature] on the administration
3-34 of the program established under this subchapter and its
3-35 effectiveness in cleaning up existing scrap tire sites and in
3-36 preventing new scrap tire sites.
3-37 SECTION 8. Section 361.510, Health and Safety Code, is
3-38 amended to read as follows:
3-39 Sec. 361.510. Report [TO LEGISLATURE]. Notwithstanding any
3-40 other reporting requirement, the commission shall prepare a
3-41 biennial report to be submitted by December 1 of each even-numbered
3-42 year as required by Section 5.178(b), Water Code [the presiding
3-43 officers of the legislature and the governor concerning the
3-44 implementation of this subchapter]. The report must include:
3-45 (1) the status of the technical assistance program;
3-46 (2) a description of progress toward reducing the
3-47 volume of hazardous waste generated and the amount of pollutants
3-48 and contaminants in the state;
3-49 (3) an analysis of and recommendations for changes to
3-50 source reduction and waste minimization programs, including
3-51 consideration of additional enforcement provisions; and
3-52 (4) an identification of any other needed pollution
3-53 prevention activities.
3-54 SECTION 9. Section 371.063, Health and Safety Code, is
3-55 amended to read as follows:
3-56 Sec. 371.063. BIENNIAL [ANNUAL] Reporting Requirement. The
3-57 commission shall monitor the balance of the used oil recycling fund
3-58 and shall provide by December 1 of each even-numbered year as
3-59 required by Section 5.178(b), Water Code, a detailed report of all
3-60 income, expenditures, and programs funded [to the Texas Legislature
3-61 on an annual basis].
3-62 SECTION 10. Section 382.141, Health and Safety Code, is
3-63 amended to read as follows:
3-64 Sec. 382.141. Report Required. The commission shall report
3-65 biennially its evaluations and determinations on the use of
3-66 alternative fuels and recommend legislative changes necessary to
3-67 implement an effective and feasible program for the use of
3-68 alternative fuels. The report shall be submitted by December 1 of
3-69 each even-numbered year as required by Section 5.178(b), Water Code
4-1 [submitted to the governor and the legislature not later than the
4-2 30th day before the commencement of each regular legislative
4-3 session].
4-4 SECTION 11. Section 2155.448(b), Government Code, is amended
4-5 to read as follows:
4-6 (b) Not later than January 1 of each year, a state agency
4-7 shall deliver a report of the total expenditures in the areas
4-8 subject to Subsection (a) and the amount spent in each category for
4-9 the previous fiscal year to the[:]
4-10 [(1) governor;]
4-11 [(2) lieutenant governor;]
4-12 [(3) speaker of the house of representatives; and]
4-13 [(4)] Legislative Budget Board.
4-14 SECTION 12. The following laws are repealed:
4-15 (1) Section 361.034, Health and Safety Code;
4-16 (2) Section 361.038, Health and Safety Code; and
4-17 (3) Section 26.349(b), Water Code.
4-18 SECTION 13. Notwithstanding Section 5.123, Water Code, as
4-19 added by this Act, a report under that section by the Texas Natural
4-20 Resource Conservation Commission on its enforcement actions for the
4-21 preceding fiscal year that is prepared and delivered on or before
4-22 December 1, 2000, shall include a comparison with its enforcement
4-23 actions for each of the preceding fiscal years beginning with the
4-24 fiscal year ending August 31, 1996.
4-25 SECTION 14. The first biennial report required by Section
4-26 5.178, Water Code, as amended by this Act, is for the fiscal
4-27 biennium beginning September 1, 1996, and is due December 1, 1998.
4-28 SECTION 15. This Act takes effect September 1, 1997.
4-29 SECTION 16. The importance of this legislation and the
4-30 crowded condition of the calendars in both houses create an
4-31 emergency and an imperative public necessity that the
4-32 constitutional rule requiring bills to be read on three several
4-33 days in each house be suspended, and this rule is hereby suspended.
4-34 * * * * *