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.