AN ACT 1-1 relating to assistance to small businesses regulated by the Texas 1-2 Natural Resource Conservation Commission through its regulatory 1-3 flexibility programs. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 5.123, Water Code, as added by Chapter 1-6 1203, Acts of the 75th Legislature, Regular Session, 1997, is 1-7 amended by adding Subsection (h) to read as follows: 1-8 (h) In implementing the program of regulatory flexibility 1-9 authorized by this section, the commission shall: 1-10 (1) market the program to businesses in the state 1-11 through all available appropriate media; 1-12 (2) endorse alternative methods that will benefit the 1-13 environment and impose the least onerous restrictions on business; 1-14 (3) fix and enforce environmental standards, allowing 1-15 businesses flexibility in meeting the standards in a manner that 1-16 enhances environmental outcomes; and 1-17 (4) work to achieve consistent and predictable results 1-18 for the regulated community and shorter waits for permit issuance. 1-19 SECTION 2. Subchapter D, Chapter 5, Water Code, is amended 1-20 by adding Section 5.125 to read as follows: 1-21 Sec. 5.125. COST-SHARING FOR ENVIRONMENTAL COMPLIANCE 1-22 ASSESSMENTS BY CERTAIN BUSINESSES. (a) In this section, 1-23 "environmental compliance assessment" means an environmental 1-24 compliance audit, pollution prevention assessment, or environmental 2-1 management system audit performed by a small business. The term 2-2 does not include an audit conducted under the Texas Environmental, 2-3 Health, and Safety Audit Privilege Act (Article 4447cc, Vernon's 2-4 Texas Civil Statutes). 2-5 (b) The commission may implement cost-sharing to assist with 2-6 payment of costs for an environmental compliance assessment 2-7 performed by a business subject to regulation by the commission 2-8 that employs at least 100 but not more than 250 individuals. 2-9 SECTION 3. Section 382.0365, Health and Safety Code, is 2-10 amended by adding a new Subsection (g) and redesignating existing 2-11 Subsection (g) as Subsection (h) to read as follows: 2-12 (g) The commission may also assist under this program small 2-13 businesses that employ at least 100 but not more than 250 2-14 individuals. 2-15 (h) In this section: 2-16 (1) "Program" means the small business stationary 2-17 source technical and environmental compliance assistance program. 2-18 (2) "Small business stationary source" has the meaning 2-19 assigned by Section 507(c) of the federal Clean Air Act (42 U.S.C. 2-20 Section 7661f), as added by Section 501 of the federal Clean Air 2-21 Act Amendments of 1990 (Pub.L. No. 101-549). 2-22 SECTION 4. The importance of this legislation and the 2-23 crowded condition of the calendars in both houses create an 2-24 emergency and an imperative public necessity that the 2-25 constitutional rule requiring bills to be read on three several 2-26 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. _______________________________ _______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 1594 passed the Senate on April 19, 1999, by the following vote: Yeas 30, Nays 0. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 1594 passed the House on May 3, 1999, by the following vote: Yeas 138, Nays 0, two present not voting. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor