By Jackson H.B. No. 1228 75R3438 MI-F 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 I to read as follows: 1-7 SUBCHAPTER I. CONSOLIDATED PERMIT PROCESSING 1-8 Sec. 5.351. 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. 1-16 (b) The executive director shall designate one permit 1-17 program as the lead program for coordination, and that program is 1-18 the point of contact regarding the consolidated permit. 1-19 (c) The executive director may require separate processing 1-20 of consolidated applications or may return to the applicant parts 1-21 of an application if the executive director determines that the 1-22 applicant has submitted an incomplete application or if the 1-23 applicant does not respond as requested to notices of deficiency. 1-24 (d) A federal operating permit governed by the requirements 2-1 of Sections 382.054-382.0543, Health and Safety Code, may not be 2-2 consolidated with other permits under this subchapter. 2-3 Sec. 5.352. REQUEST FOR SEPARATE PROCESSING. (a) At any 2-4 time before the public notice of the opportunity to request a 2-5 hearing on a permit application, the applicant may request that 2-6 consolidated applications be processed separately. The executive 2-7 director shall process the applications separately if the applicant 2-8 submits a timely request under this subsection. 2-9 (b) At any time after the notice of opportunity to request a 2-10 hearing but before referral of the matter to the State Office of 2-11 Administrative Hearings, the executive director may separate the 2-12 applications for processing on a showing of good cause by the 2-13 applicant that the applications should be processed separately. 2-14 For purposes of this subsection, "good cause" includes a change in 2-15 the statutory or regulatory requirements governing a permit or a 2-16 substantial change in the factual circumstances surrounding the 2-17 applications for permits. 2-18 (c) After an application has been referred to the State 2-19 Office of Administrative Hearings, the applicant may have the 2-20 applications processed separately only on a showing of compliance 2-21 with commission procedural rules regarding the withdrawal of 2-22 applications. 2-23 Sec. 5.353. RENEWAL PERIOD FOR CONSOLIDATED PERMIT. The 2-24 renewal period for a consolidated permit issued under this 2-25 subchapter is the shortest term set by any state or federal statute 2-26 or rule governing one or more of the authorizations sought in the 2-27 consolidated permit. 3-1 Sec. 5.354. RENEWAL OF EXISTING PERMITS. A permit issued 3-2 before and effective on September 1, 1997, that authorizes more 3-3 than one permit program may be renewed, amended, or modified as a 3-4 consolidated permit or may be separated by program and the permits 3-5 may be processed separately and subject to the renewal, amendment, 3-6 or modification requirements of applicable law governing operations 3-7 at the facility, plant, or site. 3-8 Sec. 5.355. FEES. (a) Except as provided by Subsection 3-9 (b), the fee for a consolidated permit shall be computed as if the 3-10 permits consolidated had been processed separately. 3-11 (b) The commission by rule may reduce the fee for a 3-12 consolidated permit below the total amount that the applicant would 3-13 have paid for processing the applications separately if the 3-14 commission finds that consolidated processing results in savings to 3-15 the agency. 3-16 Sec. 5.356. RULES. The commission may adopt rules to 3-17 effectuate the purposes of this subchapter, including rules 3-18 providing for: 3-19 (1) combined public notices of permits issued under 3-20 the authority of this section; or 3-21 (2) procedures for the processing and issuing of 3-22 consolidated permits. 3-23 SECTION 2. This Act takes effect September 1, 1997, and 3-24 applies only to a permit application that is filed with the Texas 3-25 Natural Resource Conservation Commission on or after that date. 3-26 SECTION 3. The importance of this legislation and the 3-27 crowded condition of the calendars in both houses create an 4-1 emergency and an imperative public necessity that the 4-2 constitutional rule requiring bills to be read on three several 4-3 days in each house be suspended, and this rule is hereby suspended.