SRC-MKV H.B. 2997 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2997
By: Callegari (Lucio)
Natural Resources
5/28/2001(REVISED)
Engrossed


DIGEST AND PURPOSE 

Texas has not developed a comprehensive program for the use of
environmental management systems (system) that assist regulated businesses
in reaching, maintaining, and even exceeding compliance with environmental
regulations. Many would like to implement these systems to improve
compliance of environmental regulations and reduce pollution. The Sunset
Advisory Commission has recommended that the Texas Natural Resource
Conservation Commission (TNRCC) encourage regulated entities to develop
these systems as a measure of their commitment to compliance with
environmental regulations and to natural resource conservation. H.B. 2997
requires TNRCC to adopt a comprehensive program that provides certain
incentives to encourage the use of environmental management systems by
regulated entities.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 5D, Water Code, by adding Section 5.127, as
follows: 

Sec. 5.127.  ENVIRONMENTAL MANAGEMENT SYSTEMS. (a)  Defines "environmental
management system." 

 (b)  Requires the Texas Natural Resource Conservation Commission
(commission) by rule to adopt a comprehensive program that provides
regulatory incentives to encourage the use of environmental management
systems by regulated entities, state agencies, local governments, and
other entities as determined by the commission. Authorizes the incentives
to include certain features. 
  
 (c)  Requires the rules to provide that an environmental management
system, at a minimum, must require the entity implementing the system to
carry out certain duties. 
 
  (d)  Requires the commission to carry out certain duties.

SECTION 2. Amends Section 26.028, Water Code, by adding a new Subsection
(e) and relettering existing Subsections (e)-(g) as Subsections (f)-(h), to
require the commission, in considering an applicant's compliance history
under Subsection (d)(4), to consider as evidence of compliance information
regarding the applicant's implementation of an environmental management
system at the facility for which the permit, permit amendment, or permit
renewal is sought.  Provides that in this subsection, "environmental
management system" has the meaning assigned by Section 5.127. 
 
SECTION 3.  Amends Section 26.0281, Water Code, to make a conforming change.


 SECTION 4.  Amends Section 27.051(e), Water Code, to add language to
require a compliance summary to include as evidence of compliance
information regarding the applicant's implementation of an environmental
management system at the facility for which an authorization is sought.
Makes a conforming change. 

SECTION 5.  Amends Section 361.084(a), Health and Safety Code, to make a
conforming change. 

SECTION 6.  Amends Section 382.0518(c), Health and Safety Code, to make a
conforming change. 

SECTION 7.  (a)  Requires that not later than December 1, 2001, the Texas
Natural Resource Conservation Commission  adopt the rules required by
Section 5.127, Water Code, as added by this Act. 

(b)  Provides that the changes in law made by this Act by amending Sections
26.028, 26.0281, and 27.051(e), Water Code, and Sections 361.084(a) and
382.0518(c), Health and Safety Code, apply only to an application for a
permit, permit modification, permit amendment, permit revision, permit
reopening, or permit renewal that is filed with the Texas Natural Resource
Conservation Commission on or after the date on which the commission
publishes in the Texas Register the final rules adopted under Section
5.127, Water Code, as added by this Act. 
 
SECTION 8.  Effective date: September 1, 2001.