1-1 By: Jackson (Senate Sponsor - Brown) H.B. No. 1228 1-2 (In the Senate - Received from the House April 18, 1997; 1-3 April 22, 1997, read first time and referred to Committee on 1-4 Natural Resources; May 1, 1997, reported favorably, as amended, by 1-5 the following vote: Yeas 8, Nays 0; May 1, 1997, sent to printer.) 1-6 COMMITTEE AMENDMENT NO. 1 By: Brown 1-7 Amend HB 1228 by adding an appropriately numbered SECTION to read 1-8 as follows and by renumbering existing sections accordingly: 1-9 SECTION ____. Chapter 27. Water Code, is amended to read as 1-10 follows: 1-11 Section 27.051. (g)(2)(B) consistent with the need and desire 1-12 to manage within the state hazardous wastes generated in the 1-13 state, there is a substantial or obvious public need which for 1-14 purposes of this chapter shall include Commission 1-15 consideration of regional need and economic impacts, for 1-16 additional hazardous waste disposal capacity and the hazardous 1-17 waste injection well will contribute additional capacity 1-18 toward servicing that need; 1-19 COMMITTEE AMENDMENT NO. 2 By: Brown 1-20 Amend HB 1228 by adding an appropriately numbered SECTION to read 1-21 as follows and by renumbering existing sections accordingly: 1-22 SECTION ____. Chapter 361 of the Health and Safety Code is amended 1-23 to read as follows: 1-24 Section 361.114. (b)(2)consistent with the need and desire to 1-25 manage within the state hazardous wastes generated in the 1-26 state, there is a substantial or obvious public need, which 1-27 for purposes of this Chapter shall include Commission 1-28 consideration of regional need and economic impacts, for 1-29 additional hazardous waste disposal capacity and the hazardous 1-30 waste injection well will contribute additional capacity 1-31 toward servicing that need; 1-32 A BILL TO BE ENTITLED 1-33 AN ACT 1-34 relating to consolidated permit processing by the Texas Natural 1-35 Resource Conservation Commission. 1-36 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-37 SECTION 1. Chapter 5, Water Code, is amended by adding 1-38 Subchapter J to read as follows: 1-39 SUBCHAPTER J. CONSOLIDATED PERMIT PROCESSING 1-40 Sec. 5.401. CONSOLIDATED PERMIT PROCESSING. (a) If a 1-41 plant, facility, or site is required to have more than one permit 1-42 issued by the commission and the applications for all permits 1-43 required by the commission are filed within a 30-day period, the 1-44 commission, on request of the applicant, shall conduct coordinated 1-45 application reviews and one consolidated permit hearing on all 1-46 permits requested to be consolidated by the applicant and may issue 1-47 one consolidated permit. On request of the applicant, the 1-48 commission shall issue one consolidated permit. 1-49 (b) The executive director shall designate one permit 1-50 program as the lead program for coordination, and that program is 1-51 the point of contact regarding the consolidated permit. 1-52 (c) The executive director may require separate processing 1-53 of consolidated applications or may return to the applicant parts 1-54 of an application if the executive director determines that the 1-55 applicant has submitted an incomplete application or if the 1-56 applicant does not respond as requested to notices of deficiency. 1-57 (d) A federal operating permit governed by the requirements 1-58 of Sections 382.054-382.0543, Health and Safety Code, may not be 1-59 consolidated with other permits under this subchapter. 1-60 Sec. 5.402. REQUEST FOR SEPARATE PROCESSING. (a) At any 1-61 time before the public notice of the opportunity to request a 1-62 hearing on a permit application, the applicant may request that 1-63 consolidated applications be processed separately as determined by 1-64 the executive director. The executive director shall process the 2-1 applications separately if the applicant submits a timely request 2-2 under this subsection. 2-3 (b) At any time after the notice of opportunity to request a 2-4 hearing but before referral of the matter to the State Office of 2-5 Administrative Hearings, the executive director may separate the 2-6 applications for processing on a showing of good cause by the 2-7 applicant that the applications should be processed separately. 2-8 For purposes of this subsection, "good cause" includes a change in 2-9 the statutory or regulatory requirements governing a permit or a 2-10 substantial change in the factual circumstances surrounding the 2-11 applications for permits. 2-12 (c) After an application has been referred to the State 2-13 Office of Administrative Hearings, the applicant may have the 2-14 applications processed separately only on a showing of compliance 2-15 with commission procedural rules regarding the withdrawal of 2-16 applications. 2-17 Sec. 5.403. RENEWAL PERIOD FOR CONSOLIDATED PERMIT. The 2-18 renewal period for a consolidated permit issued under this 2-19 subchapter is the shortest term set by any state or federal statute 2-20 or rule governing one or more of the authorizations sought in the 2-21 consolidated permit. 2-22 Sec. 5.404. RENEWAL OF PERMITS. A permit issued under this 2-23 subchapter or a permit issued before and effective on September 1, 2-24 1997, that authorizes more than one permit program may be renewed, 2-25 amended, or modified as a consolidated permit or may be separated 2-26 by program and the permits may be processed separately and subject 2-27 to the renewal, amendment, or modification requirements of 2-28 applicable law governing operations at the facility, plant, or 2-29 site. 2-30 Sec. 5.405. FEES. (a) Except as provided by Subsection 2-31 (b), the fee for a consolidated permit shall be computed as if the 2-32 permits consolidated had been processed separately. 2-33 (b) The commission by rule may reduce the fee for a 2-34 consolidated permit below the total amount that the applicant would 2-35 have paid for processing the applications separately if the 2-36 commission finds that consolidated processing results in savings to 2-37 the agency. 2-38 Sec. 5.406. RULES. The commission may adopt rules to 2-39 effectuate the purposes of this subchapter, including rules 2-40 providing for: 2-41 (1) combined public notices of permits issued under 2-42 the authority of this section; or 2-43 (2) procedures for the processing and issuing of 2-44 consolidated permits. 2-45 SECTION 2. This Act takes effect September 1, 1997, and 2-46 applies only to a permit application that is filed with the Texas 2-47 Natural Resource Conservation Commission on or after that date. 2-48 SECTION 3. The importance of this legislation and the 2-49 crowded condition of the calendars in both houses create an 2-50 emergency and an imperative public necessity that the 2-51 constitutional rule requiring bills to be read on three several 2-52 days in each house be suspended, and this rule is hereby suspended. 2-53 * * * * *