By Hamric H.B. No. 1533 75R4798 MI-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to public notice of applications filed with and of actions 1-3 taken by the Texas Natural Resource Conservation Commission. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter D, Chapter 5, Water Code, is amended 1-6 by adding Sections 5.123 and 5.124 to read as follows: 1-7 Sec. 5.123. UNIFORM NOTICE OF POTENTIAL LICENSING ACTIONS. 1-8 (a) Not later than December 1, 1997, the commission by rule shall 1-9 establish requirements for public notice of an application filed 1-10 with the commission for any permit, renewal, or amendment. The 1-11 commission, to the extent practicable, shall adopt for all programs 1-12 uniform notice requirements that are consistent with federal law 1-13 and with the legislative goals for notice in state law. Whenever 1-14 appropriate, the notice shall be in English and Spanish. 1-15 (b) The commission may provide notice under this section for 1-16 any application. Notwithstanding any other law, the commission 1-17 shall provide, for any application proposing a new activity or new 1-18 facility, a major or significant change or variance in an existing 1-19 activity or facility, or a renewal of an existing activity or 1-20 facility, at least the following types of notice: 1-21 (1) within 10 working days of the date an application 1-22 is filed, notice of the application; and 1-23 (2) after a draft permit or proposed commission action 1-24 on an application has been prepared but before final action is 2-1 taken, notice of the opportunity to request a public hearing and to 2-2 submit comments on the draft permit or other proposed commission 2-3 action on the application. 2-4 (c) The commission may provide for notice to any person the 2-5 commission identifies as potentially having an interest in the 2-6 commission's decision. 2-7 (d) Notice required under Subsection (b): 2-8 (1) must include the specific date, by day, month, and 2-9 year, of any deadline for the submission of comments, a request for 2-10 a hearing, or other similar action and must state what is required 2-11 to obtain an extension of the deadline; 2-12 (2) shall be published in a local newspaper of general 2-13 circulation in the area in which the activity or facility 2-14 identified in the application is proposed; and 2-15 (3) shall be sent by mail to at least: 2-16 (A) the mayor, county judge, and other 2-17 appropriate officials representing all local governments covering 2-18 the site of the activity or facility that is the subject of the 2-19 application; 2-20 (B) the state representative and state senator 2-21 for each district covering the site of the activity or facility 2-22 that is the subject of the application; 2-23 (C) each person who has asked to receive such a 2-24 notice; 2-25 (D) each person who is or may be an affected 2-26 person under Section 5.115; and 2-27 (E) any state or federal agency with authority 3-1 over an environmental or public health issue associated with the 3-2 activity or facility that is the subject of the application. 3-3 (e) With regard to any notice required by this section or 3-4 commission rule, the commission shall require the applicant to: 3-5 (1) submit with the application a current list of 3-6 persons identified by the applicant as potentially having an 3-7 interest in the commission's decision and update that list if the 3-8 applicant obtains new information before the notice is provided; 3-9 and 3-10 (2) provide the notice required by Subsection (b) or 3-11 pay for all costs the commission incurs in providing the notice. 3-12 (f) The commission shall require an applicant to provide 3-13 notice by the placement of a sign at the location of the activity 3-14 or facility that is the subject of the application for: 3-15 (1) an application relating to a new commercial 3-16 hazardous or industrial solid waste landfill, commercial 3-17 incinerator, commercial injection well, or other commercial 3-18 processing facility for hazardous or industrial solid waste; 3-19 (2) an application relating to a new municipal solid 3-20 waste landfill, incinerator, or other processing facility for 3-21 municipal solid waste; 3-22 (3) an application for a commercial facility for the 3-23 storage, processing, or disposal of radioactive waste, by-product 3-24 material, or naturally occurring radioactive material waste, as 3-25 those terms are defined by Section 401.003, Health and Safety Code; 3-26 (4) an application for all new wastewater treatment 3-27 activities or facilities; 4-1 (5) a federal operating permit under Chapter 382, 4-2 Health and Safety Code; or 4-3 (6) an application for which that kind of notice is 4-4 required by other law. 4-5 (g) In this section, "permit" includes a license, 4-6 registration, certification, or other authorization. 4-7 Sec. 5.124. UNIFORM NOTICE OF ENFORCEMENT ACTIONS. (a) Not 4-8 later than December 1, 1997, the commission by rule shall establish 4-9 requirements for public notice of potential enforcement actions. 4-10 The commission may provide for notice of any commission action to 4-11 enforce state law, a commission rule, or a permit or order issued 4-12 by the commission. The commission shall provide notice for the 4-13 following types of enforcement actions: 4-14 (1) a referral to the attorney general for civil 4-15 enforcement action; 4-16 (2) a proposal to assess an administrative penalty of 4-17 $1,000 or more; or 4-18 (3) a proposal to revoke or suspend a permit. 4-19 (b) Notice under this section must: 4-20 (1) be in writing; 4-21 (2) describe the action or proposed action that is the 4-22 subject of the notice; 4-23 (3) be provided by: 4-24 (A) publication in a newspaper of general 4-25 circulation in the area in which the facility subject to the 4-26 enforcement action is located; 4-27 (B) mail to any person who has requested copies 5-1 of such a notice; and 5-2 (C) mail to any person who, within the 24 months 5-3 preceding the date of the notice, filed a complaint with the 5-4 commission; 5-5 (4) be provided as early as possible, specifically: 5-6 (A) notice of a referral to the attorney 5-7 general, at the time the referral is made; and 5-8 (B) notice of an administrative penalty or an 5-9 action to suspend or revoke a permit, at the time of first notice 5-10 to the alleged violator; and 5-11 (5) advise the public of: 5-12 (A) the opportunity to participate in the 5-13 decision of the commission or the attorney general; 5-14 (B) whom to contact to get additional 5-15 information; and 5-16 (C) any deadline, by day, month, and year, for 5-17 any type of participation. 5-18 (c) With regard to notice required by this section or by 5-19 commission rule, the commission by rule shall require an entity 5-20 regulated by the commission to: 5-21 (1) provide to the commission on request a list of all 5-22 persons who have filed written complaints with the entity during 5-23 the 24 months preceding the date of the commission's request; and 5-24 (2) provide the notice required by Subsection (b) or 5-25 pay for all costs the commission incurs in providing the notice. 5-26 (d) In this section, "permit" includes a license, 5-27 registration, certification, or other authorization. 6-1 SECTION 2. (a) This Act takes effect September 1, 1997. 6-2 (b) Section 5.123, Water Code, as added by this Act, applies 6-3 only to an application that is filed with the Texas Natural 6-4 Resource Conservation Commission on or after December 1, 1997. 6-5 (c) Section 5.124, Water Code, as added by this Act, applies 6-6 only to an enforcement action by the Texas Natural Resource 6-7 Conservation Commission that is initiated on or after December 1, 6-8 1997. 6-9 SECTION 3. The importance of this legislation and the 6-10 crowded condition of the calendars in both houses create an 6-11 emergency and an imperative public necessity that the 6-12 constitutional rule requiring bills to be read on three several 6-13 days in each house be suspended, and this rule is hereby suspended.