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.