By Lindsay S.B. No. 653
75R3435 MI-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain reporting requirements for 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. Section 5.178, Water Code, is amended to read as
1-6 follows:
1-7 Sec. 5.178. ANNUAL REPORTS; BIENNIAL APPENDIXES [REPORTS TO
1-8 GOVERNOR]. (a) On or before December 1 of each even-numbered
1-9 year, the [The] commission shall file with [make biennial reports
1-10 in writing to] the governor and the members of the legislature a
1-11 written report that includes[. Each report shall include] a
1-12 statement of the activities of the commission during the preceding
1-13 fiscal biennium [and its recommendations for necessary and
1-14 desirable legislation].
1-15 (b) The report due by December 1 of an even-numbered year
1-16 shall include, in addition:
1-17 (1) the commission's recommendations for necessary and
1-18 desirable legislation; and
1-19 (2) the following reports:
1-20 (A) a waste report, to include the assessments
1-21 and reports required by Sections 361.0232, 361.034, 361.485, and
1-22 371.063, Health and Safety Code;
1-23 (B) a water report, to include the reports
1-24 required by Section 26.0135(d) of this code and Section 5.02,
2-1 Chapter 133, Acts of the 69th Legislature, Regular Session, 1985;
2-2 (C) an air report, to include the report
2-3 required by Section 382.141, Health and Safety Code; and
2-4 (D) a pollution prevention report, to include
2-5 the reports required by Sections 361.0219(c) and 361.510, Health
2-6 and Safety Code.
2-7 (c) In the biennial waste report required by this section
2-8 that is to be filed by December 1, 2000, and every four years after
2-9 that date, the commission shall include in the waste report a
2-10 municipal solid waste report, to include the plans required by
2-11 Sections 361.020 and 361.0201, Health and Safety Code.
2-12 (d) [(b)] The commission shall file annually with the
2-13 governor and the presiding officer of each house of the legislature
2-14 a complete and detailed written report accounting for all funds
2-15 received and disbursed by the commission during the preceding year.
2-16 The form of the annual report and the reporting time shall be that
2-17 provided in the General Appropriations Act.
2-18 SECTION 2. Section 26.0135(d), Water Code, is amended to
2-19 read as follows:
2-20 (d) On or before October 1 of each even-numbered year, each
2-21 river authority shall report in writing to the governor,
2-22 commission, State Soil and Water Conservation Board, and Parks and
2-23 Wildlife Department on the water quality assessment of the
2-24 authority's watershed, including an identification of any
2-25 significant regulatory or enforcement issues, and on any actions
2-26 taken by the authority and other local governments to improve water
2-27 quality within the authority's watershed. The assessment report
3-1 must identify each legal, administrative, economic, or other
3-2 impediment to further water quality efforts by the authority and
3-3 local governments. The commission shall then prepare a report that
3-4 summarizes each river authority's assessment report, describes the
3-5 commission's regional water quality assessment efforts, and lists
3-6 the commission's past and proposed actions for improving water
3-7 quality within the watersheds subject to such assessments. The
3-8 commission shall include [submit] its report, along with the
3-9 commission's comments and recommendations on regional water quality
3-10 management, in the biennial water report as required by Section
3-11 5.178 [to the governor, the lieutenant governor, and the speaker of
3-12 the house of representatives on or before December 1 of each
3-13 even-numbered year].
3-14 SECTION 3. Section 361.020, Health and Safety Code, is
3-15 amended by amending Subsection (e) and adding Subsection (g) to
3-16 read as follows:
3-17 (e) A strategic plan shall be updated every four [two]
3-18 years. The commission continually shall collect and analyze data
3-19 for use in its next updated plan and systematically shall monitor
3-20 progress toward achieving existing plan objectives and goals. In
3-21 preparing its updated plan, an agency shall examine previously and
3-22 newly identified waste management problems, reevaluate its plan
3-23 objectives and goals, and review and update its planning documents.
3-24 (g) The commission shall include the comprehensive statewide
3-25 strategic plan, as developed under this section and Section
3-26 361.0201 and updated under Subsection (e), in the biennial waste
3-27 report required by Section 5.178, Water Code, that is to be filed
4-1 by December 1, 2000, and in the waste report filed every four years
4-2 after that date.
4-3 SECTION 4. Section 361.0219(c), Health and Safety Code, is
4-4 amended to read as follows:
4-5 (c) The office of waste exchange shall adopt a plan for
4-6 providing to interested persons information on waste exchange [and
4-7 shall report to the legislature on the plan and on the state's
4-8 participation in any regional or national waste exchange program].
4-9 Biennially [Annually] the office of waste exchange shall report to
4-10 the commission [legislature] on progress in implementing this
4-11 section, including the plan to provide information on waste
4-12 exchange, the state's participation in any national or regional
4-13 waste exchange program, and information on the movement and
4-14 exchange of materials and the effect on recycling, composting, and
4-15 reuse rates in the state. The commission shall include the report
4-16 in the biennial pollution prevention report as required by Section
4-17 5.178, Water Code.
4-18 SECTION 5. Section 361.0234, Health and Safety Code, is
4-19 amended to read as follows:
4-20 Sec. 361.0234. Rules; Update of Rules and Assessments;
4-21 REPORT. (a) To expedite the consideration of permits for
4-22 technologies that an assessment prepared under Section 361.0232 [or
4-23 361.0233] determines to be most needed, the rules adopted by the
4-24 commission shall provide for a permitting process that encourages
4-25 the development of new and innovative disposal technologies, grants
4-26 preferences considering the hierarchies established by Sections
4-27 361.022 and 361.023, emphasizes waste reduction efforts, and
5-1 encourages applicants for permits for hazardous waste management
5-2 facilities to include recycling and recovery components where
5-3 appropriate.
5-4 (b) The commission shall update the assessment [assessments]
5-5 and related rules at least every two years. In preparing an
5-6 update of the assessment, the commission shall consider source
5-7 reduction and waste minimization plans and reports submitted under
5-8 Subchapter N.
5-9 (c) The assessment [assessments] and rules adopted under
5-10 this section and Section 361.0232 may not be applied retroactively
5-11 to any application that was declared administratively and
5-12 technically complete and for which public hearings had commenced
5-13 before June 7, 1991.
5-14 (d) The commission shall include the assessment as prepared
5-15 under Section 361.0232 and updated under Subsection (b) in the
5-16 biennial waste report as required by Section 5.178, Water Code.
5-17 SECTION 6. Section 361.485(a), Health and Safety Code, is
5-18 amended to read as follows:
5-19 (a) The [Not later than February 1 of each odd-numbered
5-20 year, the] commission shall include in the biennial waste report as
5-21 required by Section 5.178, Water Code, a report [to the governor
5-22 and the legislature] on the administration of the program
5-23 established under this subchapter and its effectiveness in cleaning
5-24 up existing scrap tire sites and in preventing new scrap tire
5-25 sites.
5-26 SECTION 7. Section 361.510, Health and Safety Code, is
5-27 amended to read as follows:
6-1 Sec. 361.510. Report [TO LEGISLATURE]. Notwithstanding any
6-2 other reporting requirement, the commission shall prepare a
6-3 biennial report to be included in the biennial pollution prevention
6-4 report as required by Section 5.178, Water Code [the presiding
6-5 officers of the legislature and the governor concerning the
6-6 implementation of this subchapter]. The report must include:
6-7 (1) the status of the technical assistance program;
6-8 (2) a description of progress toward reducing the
6-9 volume of hazardous waste generated and the amount of pollutants
6-10 and contaminants in the state;
6-11 (3) an analysis of and recommendations for changes to
6-12 source reduction and waste minimization programs, including
6-13 consideration of additional enforcement provisions; and
6-14 (4) an identification of any other needed pollution
6-15 prevention activities.
6-16 SECTION 8. Section 371.063, Health and Safety Code, is
6-17 amended to read as follows:
6-18 Sec. 371.063. BIENNIAL [ANNUAL] Reporting Requirement. The
6-19 commission shall monitor the balance of the used oil recycling fund
6-20 and shall provide in the biennial waste report as required by
6-21 Section 5.178, Water Code, a detailed report of all income,
6-22 expenditures, and programs funded [to the Texas Legislature on an
6-23 annual basis].
6-24 SECTION 9. Section 382.141, Health and Safety Code, is
6-25 amended to read as follows:
6-26 Sec. 382.141. Report Required. The commission shall report
6-27 biennially its evaluations and determinations on the use of
7-1 alternative fuels and recommend legislative changes necessary to
7-2 implement an effective and feasible program for the use of
7-3 alternative fuels. The report shall be included in the biennial
7-4 air report as required by Section 5.178, Water Code [submitted to
7-5 the governor and the legislature not later than the 30th day before
7-6 the commencement of each regular legislative session].
7-7 SECTION 10. Section 2155.448(b), Government Code, is amended
7-8 to read as follows:
7-9 (b) Not later than January 1 of each year, a state agency
7-10 shall deliver a report of the total expenditures in the areas
7-11 subject to Subsection (a) and the amount spent in each category for
7-12 the previous fiscal year to the[:]
7-13 [(1) governor;]
7-14 [(2) lieutenant governor;]
7-15 [(3) speaker of the house of representatives; and]
7-16 [(4)] Legislative Budget Board.
7-17 SECTION 11. Section 5.02, Chapter 133, Acts of the 69th
7-18 Legislature, Regular Session, 1985, is amended to read as follows:
7-19 Sec. 5.02. (a) The [Not later than January 1, of each
7-20 odd-numbered year, the] Texas Natural Resource Conservation
7-21 Commission [Department of Water Resources] shall include in the
7-22 biennial water report required by Section 5.178, Water Code,
7-23 [submit to the governor, the lieutenant governor, and the speaker
7-24 of the house of representatives] a comprehensive report concerning
7-25 activities during the preceding two years relating to the creation
7-26 of groundwater conservation [underground water] districts under
7-27 Chapters 35 and 36 [Chapter 52], Water Code.
8-1 (b) The report must include:
8-2 (1) the names and locations of all underground water
8-3 districts created or attempted to be created on or after the
8-4 effective date of H.B. No. 2, Acts of the 69th Legislature, Regular
8-5 Session, 1985;
8-6 (2) the subchapter of Chapter 35 or 36 [52], Water
8-7 Code, under which each district was proposed for creation;
8-8 (3) a detailed analysis of each election held to
8-9 create a district, including analysis of election results, possible
8-10 reasons for the success or failure to create a district, and the
8-11 possibility for future voter approval of districts in areas in
8-12 which attempts to create districts failed;
8-13 (4) a detailed analysis of the activities of each
8-14 district created on or after the effective date of H.B. No. 2, Acts
8-15 of the 69th Legislature, Regular Session, 1985;
8-16 (5) recommendations for changes in Chapter 35 or 36
8-17 [52], Water Code, that will facilitate the creation and operation
8-18 of groundwater conservation [underground water] districts; and
8-19 (6) any other information and recommendations that the
8-20 commission [department] considers necessary.
8-21 SECTION 12. The following laws are repealed:
8-22 (1) Section 361.0233, Health and Safety Code;
8-23 (2) Section 361.034, Health and Safety Code;
8-24 (3) Section 361.038, Health and Safety Code; and
8-25 (4) Section 26.349(b), Water Code.
8-26 SECTION 13. The first biennial report required by Section
8-27 5.178, Water Code, as amended by this Act, is for the fiscal
9-1 biennium beginning September 1, 1996, and is due December 1, 1998.
9-2 SECTION 14. This Act takes effect September 1, 1997.
9-3 SECTION 15. The importance of this legislation and the
9-4 crowded condition of the calendars in both houses create an
9-5 emergency and an imperative public necessity that the
9-6 constitutional rule requiring bills to be read on three several
9-7 days in each house be suspended, and this rule is hereby suspended.