76R11385 MI-D By Cook H.B. No. 3303 Substitute the following for H.B. No. 3303: By Allen C.S.H.B. No. 3303 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to assistance to small businesses regulated by the Texas 1-3 Natural Resource Conservation Commission through its regulatory 1-4 flexibility programs. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Section 5.123, Water Code, as added by Chapter 1-7 1203, Acts of the 75th Legislature, Regular Session, 1997, is 1-8 amended by adding Subsection (h) to read as follows: 1-9 (h) In implementing the program of regulatory flexibility 1-10 authorized by this section, the commission shall: 1-11 (1) market the program to businesses in the state 1-12 through all available appropriate media; 1-13 (2) endorse alternative methods that will benefit the 1-14 environment and impose the least onerous restrictions on business; 1-15 (3) fix and enforce environmental standards, allowing 1-16 businesses flexibility in meeting the standards in a manner that 1-17 enhances environmental outcomes; and 1-18 (4) work to achieve consistent and predictable results 1-19 for the regulated community and shorter waits for permit issuance. 1-20 SECTION 2. Subchapter D, Chapter 5, Water Code, is amended 1-21 by adding Section 5.125 to read as follows: 1-22 Sec. 5.125. COST-SHARING FOR ENVIRONMENTAL COMPLIANCE 1-23 ASSESSMENTS BY CERTAIN BUSINESSES. (a) In this section, 1-24 "environmental compliance assessment" means an environmental 2-1 compliance audit, pollution prevention assessment, or environmental 2-2 management system audit performed by a small business. The term 2-3 does not include an audit conducted under the Texas Environmental, 2-4 Health, and Safety Audit Privilege Act (Article 4447cc, Vernon's 2-5 Texas Civil Statutes). 2-6 (b) The commission may implement cost-sharing to assist with 2-7 payment of costs for an environmental compliance assessment 2-8 performed by a business subject to regulation by the commission 2-9 that employs at least 100 but not more than 250 individuals. 2-10 SECTION 3. Section 382.0365, Health and Safety Code, is 2-11 amended by adding a new Subsection (g) and redesignating existing 2-12 Subsection (g) as Subsection (h) to read as follows: 2-13 (g) The commission may also assist under this program small 2-14 businesses that employ at least 100 but not more than 250 2-15 individuals. 2-16 (h) In this section: 2-17 (1) "Program" means the small business stationary 2-18 source technical and environmental compliance assistance program. 2-19 (2) "Small business stationary source" has the meaning 2-20 assigned by Section 507(c) of the federal Clean Air Act (42 U.S.C. 2-21 Section 7661f), as added by Section 501 of the federal Clean Air 2-22 Act Amendments of 1990 (Pub.L. No. 101-549). 2-23 SECTION 4. The importance of this legislation and the 2-24 crowded condition of the calendars in both houses create an 2-25 emergency and an imperative public necessity that the 2-26 constitutional rule requiring bills to be read on three several 2-27 days in each house be suspended, and this rule is hereby suspended, 3-1 and that this Act take effect and be in force from and after its 3-2 passage, and it is so enacted.