By Jackson                                            H.B. No. 1228

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to consolidated permit processing by 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.  Chapter 5, Water Code, is amended by adding

 1-6     Subchapter J to read as follows:

 1-7                SUBCHAPTER J.  CONSOLIDATED PERMIT PROCESSING

 1-8           Sec. 5.401.  CONSOLIDATED PERMIT PROCESSING.  (a)  If a

 1-9     plant, facility, or site is required to have more than one permit

1-10     issued by the commission and the applications for all permits

1-11     required by the commission are filed within a 30-day period, the

1-12     commission, on request of the applicant, shall conduct coordinated

1-13     application reviews and one consolidated permit hearing on all

1-14     permits requested to be consolidated by the applicant and may issue

1-15     one consolidated permit.  On request of the applicant, the

1-16     commission shall issue one consolidated permit.

1-17           (b)  The executive director shall designate one permit

1-18     program as the lead program for coordination, and that program is

1-19     the point of contact regarding the consolidated permit.

1-20           (c)  The executive director may require separate processing

1-21     of consolidated applications or may return to the applicant parts

1-22     of an application if the executive director determines that the

1-23     applicant has submitted an incomplete application or if the

1-24     applicant does not respond as requested to notices of deficiency.

 2-1           (d)  A federal operating permit governed by the requirements

 2-2     of Sections 382.054-382.0543, Health and Safety Code, may not be

 2-3     consolidated with other permits under this subchapter.

 2-4           Sec. 5.402.  REQUEST FOR SEPARATE PROCESSING.  (a)  At any

 2-5     time before the public notice of the opportunity to request a

 2-6     hearing on a permit application, the applicant may request that

 2-7     consolidated applications be processed separately as determined by

 2-8     the executive director.  The executive director shall process the

 2-9     applications separately if the applicant submits a timely request

2-10     under this subsection.

2-11           (b)  At any time after the notice of opportunity to request a

2-12     hearing but before referral of the matter to the State Office of

2-13     Administrative Hearings, the executive director may separate the

2-14     applications for processing on a showing of good cause by the

2-15     applicant that the applications should be processed separately.

2-16     For purposes of this subsection, "good cause" includes a change in

2-17     the statutory or regulatory requirements governing a permit or a

2-18     substantial change in the factual circumstances surrounding the

2-19     applications for permits.

2-20           (c)  After an application has been referred to the State

2-21     Office of Administrative Hearings, the applicant may have the

2-22     applications processed separately only on a showing of compliance

2-23     with commission procedural rules regarding the withdrawal of

2-24     applications.

2-25           Sec. 5.403.  RENEWAL PERIOD FOR CONSOLIDATED PERMIT.  The

2-26     renewal period for a consolidated permit issued under this

2-27     subchapter is the shortest term set by any state or federal statute

 3-1     or rule governing one or more of the authorizations sought in the

 3-2     consolidated permit.

 3-3           Sec. 5.404.  RENEWAL OF PERMITS.  A permit issued under this

 3-4     subchapter or a permit issued before and effective on September 1,

 3-5     1997, that authorizes more than one permit program may be renewed,

 3-6     amended, or modified as a consolidated permit or may be separated

 3-7     by program and the permits may be processed separately and subject

 3-8     to the renewal, amendment, or modification requirements of

 3-9     applicable law governing operations at the facility, plant, or

3-10     site.

3-11           Sec. 5.405.  FEES.  (a)  Except as provided by Subsection

3-12     (b), the fee for a consolidated permit shall be computed as if the

3-13     permits consolidated had been processed separately.

3-14           (b)  The commission by rule may reduce the fee for a

3-15     consolidated permit below the total amount that the applicant would

3-16     have paid for processing the applications separately if the

3-17     commission finds that consolidated processing results in savings to

3-18     the agency.

3-19           Sec. 5.406.  RULES.  The commission may adopt rules to

3-20     effectuate the purposes of this subchapter, including rules

3-21     providing for:

3-22                 (1)  combined public notices of permits issued under

3-23     the authority of this section; or

3-24                 (2)  procedures for the processing and issuing of

3-25     consolidated permits.

3-26           SECTION 2.  This Act takes effect September 1, 1997, and

3-27     applies only to a permit application that is filed with the Texas

 4-1     Natural Resource Conservation Commission on or after that date.

 4-2           SECTION 3.  The importance of this legislation and the

 4-3     crowded condition of the calendars in both houses create an

 4-4     emergency and an imperative public necessity that the

 4-5     constitutional rule requiring bills to be read on three several

 4-6     days in each house be suspended, and this rule is hereby suspended.