SRC-MKV S.B. 324 77(R)BILL ANALYSIS


Senate Research CenterS.B. 324
By: Brown, J. E. "Buster"
Natural Resources
7/5/2001
Enrolled


DIGEST AND PURPOSE 

The Texas Natural Resource Conservation Commission is limited in the amount
it can charge to process an application for an underground injection well
permit.  S.B. 324 amends the Water Code to increase the amount of an
underground injection well application fee from $25 to $100 per
application. 

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 Sections 27.012 and 27.014, Water Code, as follows:

Sec. 27.012.  Adds language to require applications for hazardous and
nonhazardous disposal well permits to be processed in accordance with this
chapter for the benefit of the state and the preservation of its natural
resources. 

Sec. 27.014.  Adds language to require the Texas Natural Resource
Conservation Commission (commission), with each application for a disposal
well permit, to collect a fee in the amount provided in and under the terms
of Section 5.235, rather than a fee of $25. 

SECTION 2.  Amends Sections 27.051(d) and (e), Water Code, as follows:

(d) Changes reference from "injection well for the disposal of hazardous
waste" to "injection well."  Adds language to require the commission to
consider the compliance history of the applicant and related entities in
accordance with the provisions of Subsection (e) of this section, to
consider if the injection well will be used for the disposal of hazardous
waste, and changes the language to require the commission to consider
whether there is a practical, economic, and feasible alternative to an
injection well reasonably available rather than an injection well
reasonably available to manage the types and classes of hazardous waste. 

(e) Requires the commission to establish a procedure for the preparation of
comprehensive summaries of the applicant's compliance history, including
the compliance history of any corporation or business entity managed,
owned, or otherwise closely related to the applicant. Deletes language
relating to the commission establishing a procedure by rule for its
preparation of compliance summaries.  Adds language authorizing evidence of
the compliance history of an applicant for an injection well permit to be
offered by the executive director at a hearing on the application and
admitted into evidence subject to the rules of evidence.  Requires the
commission to deny the permit if the commission concludes that the
applicant's compliance history is unacceptable. 

SECTION 3.  Makes application of this Act prospective.

 SECTION 4.  Effective date: upon passage or September 1, 2001.