HBA-KMH S.B. 1594 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1594
By: Brown
Environmental Regulation
4/27/1999
Engrossed


BACKGROUND AND PURPOSE

Currently, the Texas Natural Resource Conservation Commission (TNRCC) is
authorized 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. S.B. 1594 requires the Texas Natural Resource
Conservation Commission to increase participation for certain small
businesses through its regulatory flexibility programs. 

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, by adding Subsection (h), to
require 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 that will benefit the
environment and impose 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.  Defines "environmental compliance assessment."
Authorizes TNRCC to implement cost-sharing to assist with payment of costs
for an environmental compliance assessment performed by a business subject
to regulation by TNRCC that employs at least 100 but not 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),
to authorize TNRCC to also assist under this program small businesses that
employ at least 100 but not more than 250 individuals.  Makes a conforming
change. 

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