75R9532 MI-D By Jackson, Howard H.B. No. 1228 Substitute the following for H.B. No. 1228: By Howard C.S.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) The commission may exempt from air impact review: 2-2 (1) a solid waste management facility that existed on 2-3 September 1, 1987; or 2-4 (2) the areal expansion of a facility described by 2-5 Subdivision (1). 2-6 (e) A federal operating permit governed by the requirements 2-7 of Sections 382.054-382.0543, Health and Safety Code, may not be 2-8 consolidated with other permits under this subchapter. 2-9 Sec. 5.402. REQUEST FOR SEPARATE PROCESSING. (a) At any 2-10 time before the public notice of the opportunity to request a 2-11 hearing on a permit application, the applicant may request that 2-12 consolidated applications be processed separately. The executive 2-13 director shall process the applications separately if the applicant 2-14 submits a timely request under this subsection. 2-15 (b) At any time after the notice of opportunity to request a 2-16 hearing but before referral of the matter to the State Office of 2-17 Administrative Hearings, the executive director may separate the 2-18 applications for processing on a showing of good cause by the 2-19 applicant that the applications should be processed separately. 2-20 For purposes of this subsection, "good cause" includes a change in 2-21 the statutory or regulatory requirements governing a permit or a 2-22 substantial change in the factual circumstances surrounding the 2-23 applications for permits. 2-24 (c) After an application has been referred to the State 2-25 Office of Administrative Hearings, the applicant may have the 2-26 applications processed separately only on a showing of compliance 2-27 with commission procedural rules regarding the withdrawal of 3-1 applications. 3-2 Sec. 5.403. RENEWAL PERIOD FOR CONSOLIDATED PERMIT. The 3-3 renewal period for a consolidated permit issued under this 3-4 subchapter is the shortest term set by any state or federal statute 3-5 or rule governing one or more of the authorizations sought in the 3-6 consolidated permit. 3-7 Sec. 5.404. RENEWAL OF PERMITS. A permit issued under this 3-8 subchapter or a permit issued before and effective on September 1, 3-9 1997, that authorizes more than one permit program may be renewed, 3-10 amended, or modified as a consolidated permit or may be separated 3-11 by program and the permits may be processed separately and subject 3-12 to the renewal, amendment, or modification requirements of 3-13 applicable law governing operations at the facility, plant, or 3-14 site. 3-15 Sec. 5.405. FEES. (a) Except as provided by Subsection 3-16 (b), the fee for a consolidated permit shall be computed as if the 3-17 permits consolidated had been processed separately. 3-18 (b) The commission by rule may reduce the fee for a 3-19 consolidated permit below the total amount that the applicant would 3-20 have paid for processing the applications separately if the 3-21 commission finds that consolidated processing results in savings to 3-22 the agency. 3-23 Sec. 5.406. RULES. The commission may adopt rules to 3-24 effectuate the purposes of this subchapter, including rules 3-25 providing for: 3-26 (1) combined public notices of permits issued under 3-27 the authority of this section; or 4-1 (2) procedures for the processing and issuing of 4-2 consolidated permits. 4-3 SECTION 2. This Act takes effect September 1, 1997, and 4-4 applies only to a permit application that is filed with the Texas 4-5 Natural Resource Conservation Commission on or after that date. 4-6 SECTION 3. The importance of this legislation and the 4-7 crowded condition of the calendars in both houses create an 4-8 emergency and an imperative public necessity that the 4-9 constitutional rule requiring bills to be read on three several 4-10 days in each house be suspended, and this rule is hereby suspended.