1-1     By:  Brown                                            S.B. No. 1594
 1-2           (In the Senate - Filed March 12, 1999; March 15, 1999, read
 1-3     first time and referred to Committee on Natural Resources;
 1-4     April 9, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 4, Nays 0; April 9, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1594                   By:  Brown
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to assistance to small businesses regulated by the Texas
1-11     Natural Resource Conservation Commission through its regulatory
1-12     flexibility programs.
1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14           SECTION 1.  Section 5.123, Water Code, as added by Chapter
1-15     1203, Acts of the 75th Legislature, Regular Session, 1997, is
1-16     amended by adding Subsection (h) to read as follows:
1-17           (h)  In implementing the program of regulatory flexibility
1-18     authorized by this section, the commission shall:
1-19                 (1)  market the program to businesses in the state
1-20     through all available appropriate media;
1-21                 (2)  endorse alternative methods that will benefit the
1-22     environment and impose the least onerous restrictions on business;
1-23                 (3)  fix and enforce environmental standards, allowing
1-24     businesses flexibility in meeting the standards in a manner that
1-25     enhances environmental outcomes; and
1-26                 (4)  work to achieve consistent and predictable results
1-27     for the regulated community and shorter waits for permit issuance.
1-28           SECTION 2.  Subchapter D, Chapter 5, Water Code, is amended
1-29     by adding Section 5.125 to read as follows:
1-30           Sec. 5.125.  COST-SHARING FOR ENVIRONMENTAL COMPLIANCE
1-31     ASSESSMENTS BY CERTAIN BUSINESSES.  (a)  In this section,
1-32     "environmental compliance assessment" means an environmental
1-33     compliance audit, pollution prevention assessment, or environmental
1-34     management system audit performed by a small business.  The term
1-35     does not include an audit conducted under the Texas Environmental,
1-36     Health, and Safety Audit Privilege Act (Article 4447cc, Vernon's
1-37     Texas Civil Statutes).
1-38           (b)  The commission may implement cost-sharing to assist with
1-39     payment of costs for an environmental compliance assessment
1-40     performed by a business subject to regulation by the commission
1-41     that employs at least 100 but not more than 250 individuals.
1-42           SECTION 3.  Section 382.0365, Health and Safety Code, is
1-43     amended by adding a new Subsection (g) and redesignating existing
1-44     Subsection (g) as Subsection (h) to read as follows:
1-45           (g)  The commission may also assist under this program small
1-46     businesses that employ at least 100 but not more than 250
1-47     individuals.
1-48           (h)  In this section:
1-49                 (1)  "Program" means the small business stationary
1-50     source technical and environmental compliance assistance program.
1-51                 (2)  "Small business stationary source" has the meaning
1-52     assigned by Section 507(c) of the federal Clean Air Act (42 U.S.C.
1-53     Section 7661f), as added by Section 501 of the federal Clean Air
1-54     Act Amendments of 1990 (Pub.L. No. 101-549).
1-55           SECTION 4.  The importance of this legislation and the
1-56     crowded condition of the calendars in both houses create an
1-57     emergency and an imperative public necessity that the
1-58     constitutional rule requiring bills to be read on three several
1-59     days in each house be suspended, and this rule is hereby suspended,
1-60     and that this Act take effect and be in force from and after its
1-61     passage, and it is so enacted.
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