By Barrientos S.B. No. 958
76R6180 MI-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to public notice of applications filed with and of actions
1-3 taken by the Texas Natural Resource Conservation Commission.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter D, Chapter 5, Water Code, is amended
1-6 by adding Section 5.125 to read as follows:
1-7 Sec. 5.125. UNIFORM NOTICE OF POTENTIAL LICENSING ACTIONS.
1-8 (a) Not later than December 1, 1999, the commission by rule shall
1-9 establish requirements for public notice of an application filed
1-10 with the commission for any permit, renewal, or amendment. The
1-11 commission, to the extent practicable, shall adopt for all programs
1-12 uniform notice requirements that are consistent with federal law
1-13 and with the legislative goals for notice in state law. The notice
1-14 shall be in English and Spanish if the majority of the residents in
1-15 the affected community are Spanish-speaking.
1-16 (b) The commission may provide notice under this section for
1-17 any application. Notwithstanding any other law, the commission
1-18 shall provide, for any application proposing a new activity or new
1-19 facility, a major or significant change or variance in an existing
1-20 activity or facility, or a renewal of an existing activity or
1-21 facility, at least the following types of notice:
1-22 (1) within 10 working days of the date an application
1-23 is filed, notice of the application; and
1-24 (2) after a draft permit or proposed commission action
2-1 on an application has been prepared but before final action is
2-2 taken, notice of the opportunity to request a public hearing and to
2-3 submit comments on the draft permit or other proposed commission
2-4 action on the application.
2-5 (c) The commission may provide for notice to any person the
2-6 commission identifies as potentially having an interest in the
2-7 commission's decision.
2-8 (d) Notice required under Subsection (b):
2-9 (1) must include the specific date, by day, month, and
2-10 year, of any deadline for the submission of comments, a request for
2-11 a hearing, or other similar action and must state what is required
2-12 to obtain an extension of the deadline;
2-13 (2) shall be published in a local newspaper of general
2-14 circulation in the area in which the activity or facility
2-15 identified in the application is proposed; and
2-16 (3) shall be sent by mail to at least:
2-17 (A) the mayor, county judge, and other
2-18 appropriate officials representing all local governments covering
2-19 the site of the activity or facility that is the subject of the
2-20 application;
2-21 (B) the state representative and state senator
2-22 for each district covering the site of the activity or facility
2-23 that is the subject of the application;
2-24 (C) each person who has asked to receive such a
2-25 notice;
2-26 (D) each person who is or may be an affected
2-27 person under Section 5.115; and
3-1 (E) any state or federal agency with authority
3-2 over an environmental or public health issue associated with the
3-3 activity or facility that is the subject of the application.
3-4 (e) With regard to any notice required by this section or
3-5 commission rule, the commission shall require the applicant to:
3-6 (1) submit with the application a current list of
3-7 persons identified by the applicant as potentially having an
3-8 interest in the commission's decision and update that list if the
3-9 applicant obtains new information before the notice is provided;
3-10 and
3-11 (2) provide the notice required by Subsection (b) or
3-12 pay for all costs the commission incurs in providing the notice.
3-13 (f) The commission shall require an applicant to provide
3-14 notice by the placement of a sign at the location of the activity
3-15 or facility that is the subject of the application for:
3-16 (1) an application relating to a new commercial
3-17 hazardous or industrial solid waste landfill, commercial
3-18 incinerator, commercial injection well, or other commercial
3-19 processing facility for hazardous or industrial solid waste;
3-20 (2) an application relating to a new municipal solid
3-21 waste landfill, incinerator, or other processing facility for
3-22 municipal solid waste;
3-23 (3) an application for a commercial facility for the
3-24 storage, processing, or disposal of radioactive waste, by-product
3-25 material, or naturally occurring radioactive material waste, as
3-26 those terms are defined by Section 401.003, Health and Safety Code;
3-27 (4) an application for all new wastewater treatment
4-1 activities or facilities;
4-2 (5) a federal operating permit under Chapter 382,
4-3 Health and Safety Code; or
4-4 (6) an application for which that kind of notice is
4-5 required by other law.
4-6 (g) In this section, "permit" includes a license,
4-7 registration, certification, or other authorization.
4-8 SECTION 2. (a) This Act takes effect September 1, 1999.
4-9 (b) Section 5.125, Water Code, as added by this Act, applies
4-10 only to an application that is filed with the Texas Natural
4-11 Resource Conservation Commission on or after December 1, 1999.
4-12 SECTION 3. The importance of this legislation and the
4-13 crowded condition of the calendars in both houses create an
4-14 emergency and an imperative public necessity that the
4-15 constitutional rule requiring bills to be read on three several
4-16 days in each house be suspended, and this rule is hereby suspended.