By Truan S.B. No. 1046
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.