HBA-JLV H.B. 3297 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3297
By: Dukes
Environmental Regulation
3/19/2001
Introduced



BACKGROUND AND PURPOSE 

The Texas Natural Resource Conservation Commission (TNRCC) serves to
protect the state's human and natural resources consistent with sustainable
economic development.  TNRCC does not have a set of consistent standards
for evaluating the compliance history of applicants in permitting and
enforcement matters.  TNRCC is less able to hold these entities accountable
within existing permit and enforcement guidelines, and within new
regulatory structures that provide incentives to exceed minimum regulatory
expectations.  TNRCC is also less able to assess TNRCC's job of protecting
the environment without a comprehensive assessment of the regulated
community's compliance performance.  Providing a common definition of
compliance history might enable the agency to track performance of
regulated entities across all programs and agency functions for permitting,
inspection, and enforcement.  Using compliance history information in
deciding permitting and enforcement matters could provide consistency
across media and predictability of results for the public and the regulated
community.  House Bill 3297 requires TNRCC to develop standards for
evaluating the compliance history of an applicant or permit holder and to
consistently apply those components and standards in all permitting and
enforcement matters under the jurisdiction of TNRCC .  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking is
expressly delegated to the Texas Natural Resource Conservation Commission
in SECTION 1 (Sections 5.652 and 5.654, Water Code) and SECTION 10 of this
bill. 

ANALYSIS

House Bill 3297 amends the Water Code to require the Texas Natural Resource
Conservation Commission (TNRCC)  by rule to develop a single set of
components of and standards for evaluating the compliance history of an
applicant or permit holder and is required to consistently apply those
components and standards in all permitting and enforcement matters under
TNRCC's  jurisdiction.  The bill sets forth certain factors TNRCC  is
required to include and consider in developing the components and
standards. TNRCC is required to consider changes in ownership when tracking
the compliance history of a regulated entity (Sec. 5.652). 

The bill requires TNRCC to conduct annual compliance inspections of each
person engaging in an activity under a permit issued by TNRCC under the
Water or Health and Safety codes.  The bill requires TNRCC to collect
certain data relating to repeat offenders, enforcement orders, and the
significance of violations. The bill requires TNRCC to annually prepare a
comparative analysis of data evaluating the performance, over time, of
TNRCC  and of entities regulated by TNRCC.  The bill requires TNRCC to
include in the annual enforcement report, the compliance data and the
comparative performance analysis (Sec. 5.653). 

The bill requires TNRCC  by rule to develop a method of performance
assessment that differentiates persons regulated by TNRCC according to
their compliance histories and guidelines for the use of compliance history
in TNRCC decisions (Sec. 5.654). 

 The bill prohibits TNRCC from announcing an inspection of a facility owned
or operated by a person regulated by TNRCC  unless the person has
established a compliance history that qualifies the person for announced
inspections.  The bill requires TNRCC to track whether inspections are
announced or unannounced and to include the information in a report (Sec.
5.655).   

The bill authorizes TNRCC to approve an application to renew or amend a
permit if TNRCC determines that an applicant's compliance history during
the period established by TNRCC, rather than the preceding five years,
raises no issues regarding the applicant's ability to comply with a
material term of its permit (Sec. 26.028). 

The bill amends the Health and Safety Code to conform with provisions set
forth requiring TNRCC  to develop by rule a single set of components of and
standards for evaluating the compliance history of an applicant or permit
holder (Secs. 361.084, 361.088, 361.089, 382.0518, and 382.055, Health and
Safety Code). 

The bill requires TNRCC by rule to establish, not later than March 1, 2002,
the components of and standards for evaluating compliance history (SECTION
10). 

EFFECTIVE DATE

September 1, 2001.