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.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1228 was passed by the House on April
17, 1997, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 1228 on May 14, 1997, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 1228 on May 29, 1997, by a
non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1228 was passed by the Senate, with
amendments, on May 12, 1997, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
1228 on May 29, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor