HBA-MPM C.S.H.B. 3303 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3303
By: Cook
Environmental Regulation
4/12/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

In 1997, the 75th Texas Legislature passed legislation adding a Section
5.123 (Regulatory Flexibility) to the Water Code.  This new section
authorized the Texas Natural Resource Conservation Commission (TNRCC) to
issue a Regulatory Flexibility Order to an applicant requesting an
exemption from a statute or TNRCC rule regarding the control or abatement
of pollution.  This law required proposed alternatives to be at least as
protective of the environment and public health and prohibited them from
being inconsistent with federal law.  Rules establishing the Regulatory
Flexibility Program (program) have since been codified in the Texas
Administrative Code. 

C.S.H.B. 3303 requires TNRCC, in implementing the program, to market it to
businesses in this state through available media, to endorse alternative
methods to benefit the environment, to fix and enforce environmental
standards, and to work to achieve certain results for the regulated
community, including providing a shorter waiting time for a permit.
Furthermore, this bill authorizes TNRCC to implement cost-sharing to assist
with costs for an environmental audit performed by a business subject to
TNRCC regulation that employs at least 100 but no more than 250
individuals. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 5.123, Water Code, as added by Chapter 1203,
Acts of the 75th Legislature, Regular Session, 1997, by adding Subsection
(h), as follows: 

(h) Requires the Texas Natural Resource Conservation Commission (TNRCC), in
implementing the program of regulatory flexibility authorized by this
section, to: 

_market the program to businesses in the state through all available media;
_endorse alternative methods benefitting the environment and imposing the
least onerous restrictions on business; 
_fix and enforce environmental standards, allowing businesses flexibility
in meeting the standards in a manner that enhances environmental outcomes;
and 
_work to achieve consistent and predictable results for the regulated
community and shorter waits for permit issuance. 

SECTION 2.  Amends Subchapter D, Chapter 5, Water Code, by adding Section
5.125, as follows: 

Sec. 5.125.  COST-SHARING FOR ENVIRONMENTAL COMPLIANCE ASSESSMENTS BY
CERTAIN BUSINESSES. (a)  Defines "environmental compliance assessment" for
the purposes of this section. 

(b) Authorizes TNRCC to implement cost-sharing to assist with payment of
costs for an environmental audit performed by a business subject to TNRCC
regulation that employs at least 100 but no more than 250 individuals. 
 
SECTION 3.  Amends Section 382.0365, Health and Safety Code, by adding
Subsection (g) and redesignating existing Subsection (g) as Subsection (h),
as follows: 

(g)  Authorizes TNRCC to assist small businesses that employ at least 100
but no more than 250 individuals under this program. 

(h)  Redesignated from existing Subsection (g).

SECTION 4.Emergency clause.
  Effective date: upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3303 differs from the original bill in SECTION 2 (proposed Section
5.125, Health and Safety Code) by adding to this section the definition of
"environmental compliance assessment" and changing the title of Section
5.215, conformingly, to COST-SHARING FOR ENVIRONMENTAL COMPLIANCE
ASSESSMENTS.