By Brown S.B. No. 1224
75R3438 MI-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to consolidated permit processing by 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. Chapter 5, Water Code, is amended by adding
1-6 Subchapter I to read as follows:
1-7 SUBCHAPTER I. CONSOLIDATED PERMIT PROCESSING
1-8 Sec. 5.351. CONSOLIDATED PERMIT PROCESSING. (a) If a
1-9 plant, facility, or site is required to have more than one permit
1-10 issued by the commission and the applications for all permits
1-11 required by the commission are filed within a 30-day period, the
1-12 commission, on request of the applicant, shall conduct coordinated
1-13 application reviews and one consolidated permit hearing on all
1-14 permits requested to be consolidated by the applicant and may issue
1-15 one consolidated permit.
1-16 (b) The executive director shall designate one permit
1-17 program as the lead program for coordination, and that program is
1-18 the point of contact regarding the consolidated permit.
1-19 (c) The executive director may require separate processing
1-20 of consolidated applications or may return to the applicant parts
1-21 of an application if the executive director determines that the
1-22 applicant has submitted an incomplete application or if the
1-23 applicant does not respond as requested to notices of deficiency.
1-24 (d) A federal operating permit governed by the requirements
2-1 of Sections 382.054-382.0543, Health and Safety Code, may not be
2-2 consolidated with other permits under this subchapter.
2-3 Sec. 5.352. REQUEST FOR SEPARATE PROCESSING. (a) At any
2-4 time before the public notice of the opportunity to request a
2-5 hearing on a permit application, the applicant may request that
2-6 consolidated applications be processed separately. The executive
2-7 director shall process the applications separately if the applicant
2-8 submits a timely request under this subsection.
2-9 (b) At any time after the notice of opportunity to request a
2-10 hearing but before referral of the matter to the State Office of
2-11 Administrative Hearings, the executive director may separate the
2-12 applications for processing on a showing of good cause by the
2-13 applicant that the applications should be processed separately.
2-14 For purposes of this subsection, "good cause" includes a change in
2-15 the statutory or regulatory requirements governing a permit or a
2-16 substantial change in the factual circumstances surrounding the
2-17 applications for permits.
2-18 (c) After an application has been referred to the State
2-19 Office of Administrative Hearings, the applicant may have the
2-20 applications processed separately only on a showing of compliance
2-21 with commission procedural rules regarding the withdrawal of
2-22 applications.
2-23 Sec. 5.353. RENEWAL PERIOD FOR CONSOLIDATED PERMIT. The
2-24 renewal period for a consolidated permit issued under this
2-25 subchapter is the shortest term set by any state or federal statute
2-26 or rule governing one or more of the authorizations sought in the
2-27 consolidated permit.
3-1 Sec. 5.354. RENEWAL OF EXISTING PERMITS. A permit issued
3-2 before and effective on September 1, 1997, that authorizes more
3-3 than one permit program may be renewed, amended, or modified as a
3-4 consolidated permit or may be separated by program and the permits
3-5 may be processed separately and subject to the renewal, amendment,
3-6 or modification requirements of applicable law governing operations
3-7 at the facility, plant, or site.
3-8 Sec. 5.355. FEES. (a) Except as provided by Subsection
3-9 (b), the fee for a consolidated permit shall be computed as if the
3-10 permits consolidated had been processed separately.
3-11 (b) The commission by rule may reduce the fee for a
3-12 consolidated permit below the total amount that the applicant would
3-13 have paid for processing the applications separately if the
3-14 commission finds that consolidated processing results in savings to
3-15 the agency.
3-16 Sec. 5.356. RULES. The commission may adopt rules to
3-17 effectuate the purposes of this subchapter, including rules
3-18 providing for:
3-19 (1) combined public notices of permits issued under
3-20 the authority of this section; or
3-21 (2) procedures for the processing and issuing of
3-22 consolidated permits.
3-23 SECTION 2. This Act takes effect September 1, 1997, and
3-24 applies only to a permit application that is filed with the Texas
3-25 Natural Resource Conservation Commission on or after that date.
3-26 SECTION 3. The importance of this legislation and the
3-27 crowded condition of the calendars in both houses create an
4-1 emergency and an imperative public necessity that the
4-2 constitutional rule requiring bills to be read on three several
4-3 days in each house be suspended, and this rule is hereby suspended.