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.