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.

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