SRC-MKV S.B. 688 77(R)BILL ANALYSIS


Senate Research CenterS.B. 688
By: Brown, J. E. "Buster"
Natural Resources
7/2/2001
Enrolled


DIGEST AND PURPOSE 

The Texas Natural Resource Conservation Commission (TNRCC) is responsible
for publishing and paying for public notices of standard and multiple plant
permits for air emissions.  While TNRCC was clearly intended to pay for
notice of standard air permits, notice of individual permit applications is
generally paid for by applicants.  S.B. 688 shifts the notice requirement
for multiple plant permits from TNRCC to the applicant. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Natural Resource
Conservation Commission in SECTION 2 (Section 382.05197, Health and Safety
Code) and SECTION 3 (Section 5.557, Water Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 382.05194, Health and Safety Code, as follows:

Deletes Subsection (d) regarding the Texas Natural Resource Conservation
Commission (TNRCC) publishing notice of a proposed multiple plant permit
for existing facilities in the Texas Register and in one or more statewide
or regional newspapers designated by TNRCC. 

Deletes Subsection (e) regarding TNRCC holding a public meeting for
existing facilities to provide additional opportunity for public comment. 

Deletes Subsection (f) regarding TNRCC issuing a written response to any
public comments related to the issuance of a multiple plant permit (permit)
for existing facilities. 

SECTION 2.  Amends Chapter 382C, Health and Safety Code, by adding Section
382.05197, as follows: 

Sec. 382.05197.  MULTIPLE PLANT PERMIT: NOTICE AND HEARING.  (a) Requires
an applicant for a permit under Section 382.05194 to publish notice of
intent to obtain the permit in accordance with Section 382.056 except that
the notice of a proposed permit for existing facilities is required to be
published in one or more statewide or regional newspapers that provide
reasonable notice throughout the state.  Requires the notice to be
published in a newspaper of general circulation in the area to be affected,
if the permit for existing facilities will be effective for only part of
the state.  Authorizes TNRCC by rule to require that additional notice be
given. 

(b) Authorizes TNRCC to authorize an applicant for a permit for an existing
facility that constitutes or is part of a small business stationary source
as defined in Section 382.0365(h)(2) to provide notice using an alternative
means if TNRCC finds that the proposed method will result in equal or
better communication with the public, considering the effectiveness of the
notice in reaching potentially affected persons, cost,  and consistency
with federal requirements. 

(c) Requires TNRCC to provide an opportunity for a public hearing and the
submission of public comment and send notice of a decision on an
application for a permit under Section 382.05194 in the same manner as
provided by Sections 382.0561 and 382.0562. 

(d) Authorizes a person affected by a decision of TNRCC to issue or deny a
permit to move for rehearing and entitles the person to judicial review
under Section 382.032. 

SECTION 3.  Amends Chapter 5M, Water Code, by adding Section 5.557, as
follows: 

Sec. 5.557.  DIRECT REFERRAL TO CONTESTED CASE HEARING.  (a) Requires the
commission, immediately after the executive director issues a preliminary
decision on an application under Section 5.553, and on the request of the
applicant or the executive director, to refer the application directly to
the State Office of Administrative Hearings for a contested case hearing on
whether the application complies with all applicable statutory and
regulatory requirements. 

(b) Provides that Sections 5.554, 5.555, and 5.556 of this code and
Sections 2003.047(e) and (f), Government Code, do not apply to an
application referred for a hearing under Subsection (a). 

(c) Requires the commission, by rule and notwithstanding Subsection (b), to
provide for public comment and the executive director's response to public
comment to be entered into the administrative record of decision on an
application. 

SECTION 4.  Amends Section 382.056(n), Health and Safety Code, to make a
conforming change. 

SECTION 5.  Requires the Texas Natural Resource Conservation Commission to
adopt rules to implement Section 5.557, Water Code, as added by this Act,
and Section 382.056(n), Health and Safety Code, as amended by this Act, as
soon as is necessary for the rules to take effect on or before January 1,
2002. 

SECTION 6.  Effective date: upon passage or September 1, 2001.