By Bosse, Chisum, Counts H.B. No. 2912
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the Texas Natural
1-3 Resource Conservation Commission.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 ARTICLE 1. ADMINISTRATION AND POLICY
1-6 SECTION 1.01. Section 5.014, Water Code, is amended to read
1-7 as follows:
1-8 Sec. 5.014. SUNSET PROVISION. The Texas Natural Resource
1-9 Conservation Commission is subject to Chapter 325, Government Code
1-10 (Texas Sunset Act). Unless continued in existence as provided by
1-11 that chapter, the commission is abolished and this chapter expires
1-12 September 1, 2013 [2001].
1-13 SECTION 1.02. Section 5.052(c), Water Code, is amended to
1-14 read as follows:
1-15 (c) Appointments to the commission shall be made without
1-16 regard to the race, color, disability [handicap], sex, religion,
1-17 age, or national origin of the appointees.
1-18 SECTION 1.03. Section 5.053(a), Water Code, is amended to
1-19 read as follows:
1-20 (a) A person may not be a member of [is not eligible to
1-21 serve on] the commission if the person or the person's spouse:
1-22 (1) is registered, certified, licensed, permitted, or
1-23 otherwise authorized by the commission;
1-24 (2) is employed by or participates in the management
2-1 of a business entity or other organization regulated by the
2-2 commission or receiving money [funds] from the commission;
2-3 (3) [(2)] owns or[,] controls, [or has,] directly or
2-4 indirectly, more than a 10 percent interest in a business entity or
2-5 other organization regulated by [the commission] or receiving funds
2-6 from the commission; or
2-7 (4) [(3)] uses or receives a substantial amount of
2-8 tangible goods, services, or money [funds] from the commission
2-9 other than compensation or reimbursement authorized by law for
2-10 commission membership, attendance, or expenses.
2-11 SECTION 1.04. Subchapter C, Chapter 5, Water Code, is amended
2-12 by adding Section 5.0535 to read as follows:
2-13 Sec. 5.0535. REQUIRED TRAINING PROGRAM FOR COMMISSION
2-14 MEMBERS. (a) A person who is appointed to and qualifies for office
2-15 as a member of the commission may not vote, deliberate, or be
2-16 counted as a member in attendance at a meeting of the commission
2-17 until the person completes a training program that complies with
2-18 this section.
2-19 (b) The training program must provide the person with
2-20 information regarding:
2-21 (1) the legislation that created the commission;
2-22 (2) the programs operated by the commission;
2-23 (3) the role and functions of the commission;
2-24 (4) the rules of the commission, with an emphasis on
2-25 the rules that relate to disciplinary and investigatory authority;
2-26 (5) the current budget for the commission;
2-27 (6) the results of recent significant internal and
3-1 external audits of the commission;
3-2 (7) the requirements of:
3-3 (A) the open meetings law, Chapter 551,
3-4 Government Code;
3-5 (B) the public information law, Chapter 552,
3-6 Government Code;
3-7 (C) the administrative procedure law, Chapter
3-8 2001, Government Code; and
3-9 (D) other laws relating to public officials,
3-10 including conflict-of-interest laws; and
3-11 (8) any applicable ethics policies adopted by the
3-12 commission or the Texas Ethics Commission.
3-13 (c) A person appointed to the commission is entitled to
3-14 reimbursement, as provided by the General Appropriations Act, for
3-15 the travel expenses incurred in attending the training program
3-16 regardless of whether the attendance at the program occurs before
3-17 or after the person qualifies for office.
3-18 SECTION 1.05. Section 5.054, Water Code, is amended to read
3-19 as follows:
3-20 Sec. 5.054. REMOVAL OF COMMISSION MEMBERS. (a) It is a
3-21 ground for removal from the commission that [if] a member:
3-22 (1) does not have at the time of taking office the
3-23 qualifications required by Section 5.053(b);
3-24 (2) does not maintain during the service on the
3-25 commission the qualifications required by Section 5.053(b) [for
3-26 appointment to the commission];
3-27 (3) is ineligible for membership under Section
4-1 5.053(a), 5.059, or 5.060 [(2) violates a prohibition established
4-2 by Sections 5.059 and 5.060 of this code];
4-3 (4) cannot, because of illness or disability, [(3) is
4-4 unable to] discharge the member's [his] duties for a substantial
4-5 part of the member's term [portion of the term for which he was
4-6 appointed because of illness or disability]; or
4-7 (5) [(4)] is absent from more than one-half of the
4-8 regularly scheduled commission meetings that the member is eligible
4-9 to attend during each calendar year without an excuse approved [,
4-10 except when the absence is excused] by a majority vote of the
4-11 commission.
4-12 (b) The validity of an action of the commission is not
4-13 affected by the fact that it is [was] taken when a ground for
4-14 removal of a member of the commission exists [existed].
4-15 (c) If the executive director or a member [of the
4-16 commission] has knowledge that a potential ground for removal
4-17 exists, the executive director or member [he] shall notify the
4-18 presiding officer [chairman] of the commission of the potential
4-19 [that] ground. The presiding officer [chairman of the commission]
4-20 shall then notify the governor and the attorney general that a
4-21 potential ground for removal exists. If the potential ground for
4-22 removal involves the presiding officer, the executive director or
4-23 another member of the commission shall notify the member of the
4-24 commission with the most seniority, who shall then notify the
4-25 governor and the attorney general that a potential ground for
4-26 removal exists.
4-27 SECTION 1.06. Sections 5.058(a)-(d), Water Code, are amended
5-1 to read as follows:
5-2 (a) The governor shall designate a member of the commission
5-3 as the presiding officer [the chairman] of the commission to serve
5-4 in that capacity at the pleasure of[. He shall serve as chairman
5-5 until] the governor [designates a different chairman].
5-6 (b) The presiding officer [chairman] may designate another
5-7 commissioner to act for the presiding officer [him] in the
5-8 presiding officer's [his] absence.
5-9 (c) The presiding officer [chairman] shall preside at the
5-10 meetings and hearings of the commission.
5-11 (d) The commission shall hold regular meetings and all
5-12 hearings at times specified by a commission order and entered in
5-13 its minutes. The commission may hold special meetings at the times
5-14 and places in the state that the commission decides are appropriate
5-15 for the performance of its duties. The presiding officer
5-16 [chairman] or acting presiding officer [chairman] shall give the
5-17 other members reasonable notice before holding a special meeting.
5-18 SECTION 1.07. Sections 5.059 and 5.060, Water Code, are
5-19 amended to read as follows:
5-20 Sec. 5.059. CONFLICT OF INTEREST. (a) In this section,
5-21 "Texas trade association" means a cooperative and voluntarily
5-22 joined association of business or professional competitors in this
5-23 state designed to assist its members and its industry or profession
5-24 in dealing with mutual business or professional problems and in
5-25 promoting their common interest.
5-26 (b) A person may not be a member of the commission and may
5-27 not be a commission employee employed in a "bona fide executive,
6-1 administrative, or professional capacity," as that phrase is used
6-2 for purposes of establishing an exemption to the overtime
6-3 provisions of the federal Fair Labor Standards Act of 1938 (29
6-4 U.S.C. Section 201 et seq.) and its subsequent amendments, if:
6-5 (1) the person is an officer, employee, or paid
6-6 consultant of a Texas trade association in an industry regulated by
6-7 the commission; or
6-8 (2) the person's spouse is an officer, manager, or
6-9 paid consultant of a Texas trade association in an industry
6-10 regulated by the commission [An officer, employee, or paid
6-11 consultant of a trade association in an industry regulated by the
6-12 commission may not be a member of the commission or employee of the
6-13 commission, nor may a person who cohabits with or is the spouse of
6-14 an officer, managerial employee, or paid consultant of a trade
6-15 association in an industry regulated by the commission be a member
6-16 of the commission or an employee of the commission grade 17 or
6-17 over, including exempt employees, according to the position
6-18 classification schedule under the General Appropriations Act].
6-19 Sec. 5.060. LOBBYIST PROHIBITION. A person may not be a
6-20 member of the commission or act as general counsel to the
6-21 commission if the person [who] is required to register as a
6-22 lobbyist under Chapter 305, Government Code, because [by virtue]
6-23 of the person's [his] activities for compensation [in or] on behalf
6-24 of a profession related to the operation of the commission [may not
6-25 serve as a member of the commission or act as the general counsel
6-26 to the commission].
6-27 SECTION 1.08. Subchapter D, Chapter 5, Water Code, is amended
7-1 by adding Section 5.1031 to read as follows:
7-2 Sec. 5.1031. RULES RESTRICTING ADVERTISING OR COMPETITIVE
7-3 BIDDING PROHIBITED. (a) The commission may not adopt rules
7-4 restricting advertising or competitive bidding by a license holder
7-5 except to prohibit false, misleading, or deceptive practices.
7-6 (b) In its rules to prohibit false, misleading, or deceptive
7-7 practices, the commission may not include a rule that:
7-8 (1) restricts the use of any medium for advertising;
7-9 (2) restricts the use of a license holder's personal
7-10 appearance or voice in an advertisement;
7-11 (3) relates to the size or duration of an
7-12 advertisement by the license holder; or
7-13 (4) restricts the license holder's advertisement under
7-14 a trade name.
7-15 SECTION 1.09. Section 5.107, Water Code, is amended to read
7-16 as follows:
7-17 Sec. 5.107. ADVISORY COMMITTEES, WORK GROUPS, AND TASK
7-18 FORCES [COUNCILS]. (a) The commission or the executive director
7-19 may create and consult with advisory committees, work groups, or
7-20 task forces [councils], including committees, work groups, or task
7-21 forces [councils] for the environment, [councils] for public
7-22 information, or for any other matter [councils] that the commission
7-23 or the executive director may consider appropriate.
7-24 (b) The commission shall identify affected groups of
7-25 interested persons for advisory committees, work groups, and task
7-26 forces and shall make reasonable attempts to have balanced
7-27 representation on all advisory committees, work groups, and task
8-1 forces. This subsection does not require the commission to ensure
8-2 that all representatives attend a scheduled meeting. A rule or
8-3 other action of the commission may not be challenged solely because
8-4 of the composition of an advisory committee, work group, or task
8-5 force.
8-6 (c) The commission shall monitor the composition and
8-7 activities of advisory committees, work groups, and task forces
8-8 appointed by the commission or formed at the staff level and shall
8-9 maintain that information in a form and location that is easily
8-10 accessible to the public, including making the information
8-11 available on the Internet.
8-12 SECTION 1.10. Subchapter D, Chapter 5, Water Code, is amended
8-13 by adding Section 5.1115 to read as follows:
8-14 Sec. 5.1115. RECORD OF OUTSIDE CONTACT BY COMMISSION MEMBER
8-15 OR STAFF. (a) Each commission member and each commission staff
8-16 member with discretionary authority over any aspect of a permit or
8-17 enforcement decision, rulemaking, or other regulatory matter
8-18 pending before or within the jurisdiction of the commission shall
8-19 keep a written record of each communication with any person other
8-20 than a commission member or commission employee regarding that
8-21 regulatory matter. A commission member or commission employee has
8-22 discretionary authority if the person has authority to make a
8-23 decision that is final regarding that regulatory matter.
8-24 (b) The written record must state:
8-25 (1) the name of the person with whom the communication
8-26 took place;
8-27 (2) the name of that person's employer;
9-1 (3) the name of the party or interest whom that person
9-2 is representing;
9-3 (4) the specific regulatory matter about which the
9-4 communication is made;
9-5 (5) the date, time, and location of the communication;
9-6 and
9-7 (6) the specific method of communication, whether in
9-8 person or by letter, telephone, e-mail, or other method.
9-9 (c) A written record prepared as required by this section is
9-10 subject to disclosure under the public information law, Chapter
9-11 552, Government Code.
9-12 (d) This section does not apply to an unplanned
9-13 communication that occurs outside commission offices.
9-14 (e) If the communication occurs as part of a presentation to
9-15 a group or association, the written record must include the name of
9-16 the group or association instead of the information required by
9-17 Subsections (b)(1)-(3).
9-18 SECTION 1.11. Subchapter D, Chapter 5, Water Code, is amended
9-19 by adding Sections 5.1191-5.1193 to read as follows:
9-20 Sec. 5.1191. RESEARCH MODEL. (a) In this section, "research
9-21 model" means a mechanism for developing a plan to address the
9-22 commission's practical regulatory needs. The commission's plan
9-23 shall be prioritized by need and shall identify short-term,
9-24 medium-term, and long-term research goals. The plan may address
9-25 preferred methods of conducting the identified research.
9-26 (b) The commission shall develop a research model. The
9-27 commission may appoint a research advisory board to assist the
10-1 commission in providing appropriate incentives to encourage various
10-2 interest groups to participate in developing the research model and
10-3 to make recommendations regarding research topics specific to this
10-4 state. The research advisory board must include representatives of
10-5 the academic community, representatives of the regulated community,
10-6 and public representatives of the state at large.
10-7 Sec. 5.1192. COORDINATION OF RESEARCH. (a) The commission
10-8 shall facilitate and coordinate environmental research in the state
10-9 according to the research model developed under Section 5.1191.
10-10 (b) The commission shall explore private and federal funding
10-11 opportunities for research needs identified in the research model.
10-12 The commission may conduct, direct, and facilitate research to
10-13 implement the commission's research model by administering grants
10-14 or by contracting for research if money is appropriated to the
10-15 commission for those purposes.
10-16 (c) To the degree practicable, the commission, through the
10-17 research model, shall coordinate with or make use of any research
10-18 activities conducted under existing state initiatives, including
10-19 research by state universities, the Texas Higher Education
10-20 Coordinating Board, the United States Department of Agriculture,
10-21 the Texas Department of Agriculture, and other state and federal
10-22 agencies as appropriate.
10-23 (d) This section does not authorize the commission to
10-24 initiate or direct the research efforts of another entity except
10-25 under the terms of a grant or contract.
10-26 Sec. 5.1193. REPORT. The commission shall include in the
10-27 reports required by Section 5.178 a description of cooperative
11-1 research efforts, an accounting of money spent on research, and a
11-2 review of the purpose, implementation, and results of particular
11-3 research projects conducted.
11-4 SECTION 1.12. Subchapter D, Chapter 5, Water Code, is amended
11-5 by adding Sections 5.127-5.130 to read as follows:
11-6 Sec. 5.127. USE OF ENVIRONMENTAL TESTING LABORATORY DATA AND
11-7 ANALYSIS. (a) The commission may accept environmental testing
11-8 laboratory data and analysis for use in commission decisions
11-9 regarding any matter under the commission's jurisdiction relating
11-10 to permits or other authorizations, compliance matters, enforcement
11-11 actions, or corrective actions only if the data and analysis is
11-12 prepared by an environmental testing laboratory accredited by the
11-13 commission under Subchapter R or an environmental testing
11-14 laboratory described in Subsection (b).
11-15 (b) The commission may accept for use in commission
11-16 decisions data and analysis prepared by:
11-17 (1) an on-site or in-house environmental testing
11-18 laboratory if the laboratory is periodically inspected by the
11-19 commission;
11-20 (2) an environmental testing laboratory that is
11-21 accredited under federal law; or
11-22 (3) if the data and analysis are necessary for
11-23 emergency response activities and the required data and analysis
11-24 are not otherwise available, an environmental testing laboratory
11-25 that is not accredited by the commission under Subchapter R or
11-26 under federal law.
11-27 (c) The commission by rule may require that data and
12-1 analysis used in other commission decisions be obtained from an
12-2 environmental testing laboratory accredited by the commission under
12-3 Subchapter R.
12-4 Sec. 5.128. ELECTRONIC REPORTING TO COMMISSION; REDUCTION OF
12-5 DUPLICATE REPORTING. (a) The commission shall encourage the use of
12-6 electronic reporting through the Internet, to the extent
12-7 practicable, for reports required by the commission. An electronic
12-8 report must be submitted in a format prescribed by the commission.
12-9 The commission may consult with the Department of Information
12-10 Resources on developing a simple format for use in implementing
12-11 this subsection.
12-12 (b) The commission shall strive to reduce duplication in
12-13 reporting requirements throughout the agency.
12-14 Sec. 5.129. SUMMARY FOR PUBLIC NOTICES. (a) The commission
12-15 by rule shall provide for each public notice issued or published by
12-16 the commission or by a person under the jurisdiction of the
12-17 commission as required by law or by commission rule to include at
12-18 the beginning of the notice a succinct statement of the subject of
12-19 the notice. The rules must provide that a summary statement must
12-20 be designed to inform the reader of the subject matter of the
12-21 notice without having to read the entire text of the notice.
12-22 (b) The summary statement may not be grounds for challenging
12-23 the validity of the proposed action for which the notice was
12-24 published.
12-25 Sec. 5.130. CONSIDERATION OF CUMULATIVE RISKS. The
12-26 commission shall:
12-27 (1) develop and implement policies to protect the
13-1 public from cumulative risks; and
13-2 (2) give priority to monitoring and enforcement in
13-3 areas in which regulated facilities are concentrated.
13-4 SECTION 1.13. Subchapter E, Chapter 5, Water Code, is amended
13-5 by adding Section 5.1765 to read as follows:
13-6 Sec. 5.1765. PUBLICATION OF INFORMATION REGARDING COMPLAINT
13-7 PROCEDURES AND POLICIES. The commission shall establish a process
13-8 for educating the public regarding the commission's complaint
13-9 policies and procedures. As part of the public education process,
13-10 the commission shall make available to the public in pamphlet form
13-11 an explanation of the complaint policies and procedures, including
13-12 information regarding and standards applicable to the collection
13-13 and preservation of credible evidence of environmental problems by
13-14 members of the public.
13-15 SECTION 1.14. Sections 5.176 and 5.177, Water Code, are
13-16 amended to read as follows:
13-17 Sec. 5.176. COMPLAINT FILE. (a) The commission shall
13-18 maintain a [keep an information] file on [about] each written
13-19 complaint filed with the commission about a matter within the
13-20 commission's regulatory jurisdiction [relating to an entity
13-21 regulated by the commission]. The file must include:
13-22 (1) the name of the person who filed the complaint,
13-23 unless the person has specifically requested anonymity;
13-24 (2) the date the complaint is received by the
13-25 commission;
13-26 (3) the subject matter of the complaint;
13-27 (4) the name of each person contacted in relation to
14-1 the complaint;
14-2 (5) a summary of the results of the review or
14-3 investigation of the complaint; and
14-4 (6) an explanation of the reason the file was closed,
14-5 if the agency closed the file without taking action other than to
14-6 investigate the complaint.
14-7 (b) The commission shall establish and implement procedures
14-8 for receiving complaints submitted by means of the Internet and
14-9 orally and shall maintain files on those complaints as provided by
14-10 Subsection (a).
14-11 Sec. 5.177. NOTICE OF COMPLAINT PROCEDURES; NOTICE OF
14-12 INVESTIGATION STATUS. (a) The agency shall provide to the person
14-13 filing the complaint about a matter within the commission's
14-14 regulatory jurisdiction and to each person who is the subject of
14-15 the complaint a copy of the commission's policies and procedures
14-16 relating to complaint investigation and resolution.
14-17 (b) The [If a written complaint is filed with the commission
14-18 relating to an entity regulated by the commission, the] commission,
14-19 at least [as frequently as] quarterly [and] until final disposition
14-20 of the complaint, shall notify the person filing the complaint and
14-21 each person who is a subject of [parties to] the complaint of the
14-22 status of the investigation [complaint] unless the notice would
14-23 jeopardize an undercover investigation.
14-24 (c) The commission is not required to provide the
14-25 information described in Subsection (a) or (b) to a complainant who
14-26 files an anonymous complaint or provides inaccurate contact
14-27 information.
15-1 SECTION 1.15. Subchapter E, Chapter 5, Water Code, is amended
15-2 by adding Sections 5.1771, 5.1772, and 5.1773 to read as follows:
15-3 Sec. 5.1771. COORDINATION OF COMPLAINT INVESTIGATIONS WITH
15-4 LOCAL ENFORCEMENT OFFICIALS: TRAINING. (a) The commission shall
15-5 share information regarding a complaint about a matter within the
15-6 commission's regulatory jurisdiction made to the commission with
15-7 local officials with authority to act on the complaint in the
15-8 county or municipality in which the alleged action or omission that
15-9 is the subject of the complaint occurred or is threatening to
15-10 occur.
15-11 (b) On request, the commission shall provide training for
15-12 local enforcement officials in investigating complaints and
15-13 enforcing environmental laws relating to matters under the
15-14 commission's jurisdiction under this code or the Health and Safety
15-15 Code. The training must include, at a minimum:
15-16 (1) procedures for local enforcement officials to use
15-17 in addressing citizen complaints if the commission is unavailable
15-18 or unable to respond to the complaint; and
15-19 (2) an explanation of local government authority to
15-20 enforce state laws and commission rules relating to the
15-21 environment.
15-22 (c) The commission may charge a reasonable fee for providing
15-23 training to local enforcement officials as required by Subsection
15-24 (b) in an amount sufficient to recover the costs of the training.
15-25 Sec. 5.1772. AFTER-HOURS RESPONSE TO COMPLAINTS. (a) The
15-26 commission shall adopt and implement a policy to provide timely
15-27 response to complaints during periods outside regular business
16-1 hours.
16-2 (b) This section does not:
16-3 (1) require availability of field inspectors for
16-4 response 24 hours a day, seven days a week, in all parts of the
16-5 state; or
16-6 (2) authorize additional use of overtime.
16-7 Sec. 5.1773. COMPLAINT ASSESSMENT. (a) The commission
16-8 annually shall conduct a comprehensive analysis of the complaints
16-9 it receives, including analysis by the following categories:
16-10 (1) air;
16-11 (2) water;
16-12 (3) waste;
16-13 (4) priority classification;
16-14 (5) region;
16-15 (6) commission response;
16-16 (7) enforcement action taken; and
16-17 (8) trends by complaint type.
16-18 (b) In addition to the analysis required by Subsection (a),
16-19 the commission shall assess the impact of changes made in the
16-20 commission's complaint policy.
16-21 SECTION 1.16. Section 5.178(b), Water Code, is amended to
16-22 read as follows:
16-23 (b) The report due by December 1 of an even-numbered year
16-24 shall include, in addition:
16-25 (1) the commission's recommendations for necessary and
16-26 desirable legislation; and
16-27 (2) the following reports:
17-1 (A) the assessments and reports required by
17-2 Sections 361.0219(c), 361.0232, [361.485,] 361.510, 371.063, and
17-3 382.141, Health and Safety Code; [and]
17-4 (B) the reports required by Section 26.0135(d)
17-5 of this code and Section 5.02, Chapter 133, Acts of the 69th
17-6 Legislature, Regular Session, 1985; and
17-7 (C) a summary of the analyses and assessments
17-8 required by Section 5.1773 of this code.
17-9 SECTION 1.17. Section 5.227, Water Code, is amended to read
17-10 as follows:
17-11 Sec. 5.227. EQUAL EMPLOYMENT OPPORTUNITY POLICY. (a) The
17-12 executive director or his designee shall prepare and maintain a
17-13 written policy statement that implements [to assure implementation
17-14 of] a program of equal employment opportunity to ensure that
17-15 [whereby] all personnel decisions [transactions] are made without
17-16 regard to race, color, disability [handicap], sex, religion, age,
17-17 or national origin.
17-18 (b) The policy statement must include:
17-19 (1) personnel policies, including policies relating to
17-20 recruitment, evaluation, selection, [appointment,] training, and
17-21 promotion of personnel, that show the intent of the commission to
17-22 avoid the unlawful employment practices described by Chapter 21,
17-23 Labor Code; and
17-24 (2) a comprehensive analysis of the extent to which
17-25 the composition of the commission's personnel is in accordance with
17-26 state and federal law and a description of reasonable methods to
17-27 achieve compliance with state and federal law [work force that
18-1 meets federal and state guidelines;]
18-2 [(3) procedures by which a determination can be made
18-3 of significant underutilization in the commission's work force of
18-4 all persons for whom federal or state guidelines encourage a more
18-5 equitable balance; and]
18-6 [(4) reasonable methods to address appropriately areas
18-7 of significant underutilization in the commission's work force of
18-8 all persons for whom federal or state guidelines encourage a more
18-9 equitable balance].
18-10 (c) [(b)] The policy statement must:
18-11 (1) [shall be filed with the governor's office before
18-12 November 1, 1985, cover an annual period, and] be updated [at
18-13 least] annually;
18-14 (2) be reviewed by the state Commission on Human
18-15 Rights for compliance with Subsection (b)(1); and
18-16 (3) be filed with the governor's office. [The
18-17 governor's office shall develop a biennial report to the
18-18 legislature based on the information submitted. This report may be
18-19 made individually or as a part of other biennial reports made to
18-20 the legislature.]
18-21 SECTION 1.18. Subchapter F, Chapter 5, Water Code, is amended
18-22 by adding Section 5.2275 to read as follows:
18-23 Sec. 5.2275. STATE EMPLOYEE INCENTIVE PROGRAM. The executive
18-24 director or the executive director's designee shall provide to
18-25 commission employees information and training on the benefits and
18-26 methods of participation in the state employee incentive program
18-27 under Subchapter B, Chapter 2108, Government Code.
19-1 SECTION 1.19. Section 5.228, Water Code, is amended to read
19-2 as follows:
19-3 Sec. 5.228. APPEARANCES AT HEARINGS. (a) The position of
19-4 and information developed by the commission shall be presented by
19-5 the executive director or his designated representative at hearings
19-6 of the commission and the hearings held by federal, state, and
19-7 local agencies on matters affecting the public's interest in the
19-8 state's environment and natural resources, including matters that
19-9 have been determined to be policies of the state.
19-10 (b) The executive director shall be named a party in
19-11 hearings before the commission on an enforcement matter under the
19-12 jurisdiction of the commission.
19-13 (c) The executive director may participate as a party in
19-14 permit hearings or contested case permit hearings before the
19-15 commission or the State Office of Administrative Hearings for the
19-16 sole purpose of providing information to complete the
19-17 administrative record. The commission by rule shall specify the
19-18 factors the executive director must consider in determining, case
19-19 by case, whether to participate as a party in a permit hearing or a
19-20 contested case permit hearing. In developing the rules under this
19-21 subsection the commission shall consider, among other factors:
19-22 (1) the technical, legal, and financial capacity of
19-23 the parties to the proceeding;
19-24 (2) whether the parties to the proceeding have
19-25 participated in a previous contested case hearing;
19-26 (3) the complexity of the issues presented; and
19-27 (4) the available resources of commission staff.
20-1 (d) In a contested case hearing relating to a permit
20-2 application, the executive director or the executive director's
20-3 designated representative may not rehabilitate the testimony of a
20-4 witness unless the witness is a commission employee testifying for
20-5 the sole purpose of providing information to complete the
20-6 administrative record.
20-7 (e) The executive director or the executive director's
20-8 designated representative may not assist a permit applicant in
20-9 meeting its burden of proof in a hearing before the commission or
20-10 the State Office of Administrative Hearings unless the permit
20-11 applicant fits a category of permit applicant that the commission
20-12 by rule has designated as eligible to receive assistance. The
20-13 commission shall adopt rules establishing categories of permit
20-14 applicants eligible to receive assistance.
20-15 SECTION 1.20. Subchapter F, Chapter 5, Water Code, is amended
20-16 by adding Section 5.2291 to read as follows:
20-17 Sec. 5.2291. SCIENTIFIC AND TECHNICAL SERVICES. (a) In this
20-18 section, "scientific and technical environmental services" means
20-19 services, other than engineering services, of a scientific or
20-20 technical nature the conduct of which requires technical training
20-21 and professional judgment. The term includes modeling, risk
20-22 assessment, site characterization and assessment, studies of the
20-23 magnitude, source, and extent of contamination, contaminant fate
20-24 and transport analysis, watershed assessment and analysis, total
20-25 maximum daily load studies, scientific data analysis, and similar
20-26 tasks, to the extent those tasks are not defined as the "practice
20-27 of engineering" under The Texas Engineering Practice Act (Article
21-1 3271a, Vernon's Texas Civil Statutes).
21-2 (b) The procurement of a contract for scientific and
21-3 technical environmental services may be conducted under the
21-4 procedures for professional services selection provided in
21-5 Subchapter A, Chapter 2254, Government Code, if the executive
21-6 director determines there is a compelling public need to do so.
21-7 SECTION 1.21. Section 5.234(b), Water Code, is amended to
21-8 read as follows:
21-9 (b) After an application, petition, or other document is
21-10 processed, it shall be presented to the commission for action as
21-11 required by law and rules of the commission. If, in the course of
21-12 reviewing an application and preparing a draft permit, the
21-13 executive director has required changes to be made to the
21-14 applicant's proposal, the executive director shall prepare a
21-15 summary of the changes that were made to increase protection of
21-16 public health and the environment.
21-17 SECTION 1.22. Subchapter G, Chapter 5, Water Code, is
21-18 amended to read as follows:
21-19 SUBCHAPTER G. OFFICE OF NATURAL RESOURCE PUBLIC
21-20 INTEREST COUNSEL
21-21 Sec. 5.271. DEFINITIONS. In this subchapter:
21-22 (1) "Counsel" means the natural resource public
21-23 interest counsel.
21-24 (2) "Office" means the Office of Natural Resource
21-25 Public Interest Counsel.
21-26 (3) "Public interest" includes:
21-27 (A) any environmental, consumer, or community
22-1 interest; and
22-2 (B) any right or privilege that promotes:
22-3 (i) public health;
22-4 (ii) environmental quality;
22-5 (iii) preservation of property or property
22-6 rights; or
22-7 (iv) conservation or judicious use of the
22-8 state's natural resources.
22-9 Sec. 5.272. CREATION AND GENERAL RESPONSIBILITY OF OFFICE OF
22-10 NATURAL RESOURCE PUBLIC INTEREST COUNSEL. The Office of Natural
22-11 Resource Public Interest Counsel is created to ensure that the
22-12 public interest is represented in all matters before the
22-13 commission.
22-14 Sec. 5.273. NATURAL RESOURCE PUBLIC INTEREST COUNSEL. (a)
22-15 The governor with the advice and consent of the senate shall
22-16 appoint a natural resource public interest counsel to serve as the
22-17 executive director of the office.
22-18 (b) To be eligible to serve as counsel, a person must:
22-19 (1) be eligible to practice law in the state;
22-20 (2) have demonstrated a strong commitment to and
22-21 involvement in environmental quality and consumer protection
22-22 efforts; and
22-23 (3) have the knowledge and experience necessary to
22-24 practice effectively in proceedings before the commission and in
22-25 court.
22-26 (c) The counsel serves a two-year term that expires February
22-27 1 of each odd-numbered year.
23-1 (d) The counsel may serve on a board, committee, or advisory
23-2 group unless prohibited by law.
23-3 Sec. 5.274. POWERS AND DUTIES OF COUNSEL AND COMMISSION.
23-4 (a) The counsel may represent the public interest in any issue
23-5 that arises in a proceeding before the commission. The counsel is
23-6 entitled to be admitted as a party to any proceeding before the
23-7 commission.
23-8 (b) The counsel shall:
23-9 (1) implement this subchapter;
23-10 (2) administer the office;
23-11 (3) prepare and submit to the legislature a budget for
23-12 the office;
23-13 (4) employ or contract with all professional,
23-14 technical, and other personnel necessary to carry out this
23-15 subchapter; and
23-16 (5) ensure that the office does not expend resources
23-17 in proceedings in which the public interest is otherwise adequately
23-18 represented.
23-19 (c) The counsel is responsible for approving actual and
23-20 necessary expenditures incurred in administering the office,
23-21 including expenses for professional services, travel, and per diem
23-22 payments.
23-23 (d) The counsel may:
23-24 (1) recommend to the legislature legislation that in
23-25 the counsel's judgment would protect consumers, public health, or
23-26 the environment; or
23-27 (2) recommend to the commission rules or amendments to
24-1 rules that in the counsel's judgment would protect consumers,
24-2 public health, or the environment.
24-3 (e) The counsel shall participate in a meeting of any of the
24-4 commission's advisory committees when necessary to ensure that the
24-5 committee considers the public interest perspective.
24-6 (f) The commission shall provide the counsel a copy of each
24-7 notice related to a matter under the jurisdiction of the commission
24-8 that is required by statute or commission rule to be mailed,
24-9 published, or posted in any manner by the commission or another
24-10 person.
24-11 (g) The commission shall give the office access to the
24-12 commission's technical staff and resources to assist the counsel in
24-13 a proceeding before the commission. The commission is not required
24-14 to give the office access to a technical staff member if the staff
24-15 member is expected to participate in the proceeding on the
24-16 commission's behalf.
24-17 Sec. 5.275. REPRESENTATION BY FORMER COUNSEL; PENALTY.
24-18 (a) A former counsel may not make any communication to or
24-19 appearance before the commission or an officer or employee of the
24-20 commission before the second anniversary of the date the person
24-21 ceases to serve as counsel if the communication or appearance is
24-22 made:
24-23 (1) on behalf of another person in connection with any
24-24 matter on which the person seeks official action; or
24-25 (2) with the intent to influence a commission decision
24-26 or action.
24-27 (b) A former counsel may not represent any person or receive
25-1 compensation for services rendered on behalf of any person
25-2 regarding a matter before the commission before the second
25-3 anniversary of the date the person ceases to serve as counsel.
25-4 (c) A person commits an offense if the person violates this
25-5 section. An offense under this subsection is a Class A
25-6 misdemeanor.
25-7 Sec. 5.276. JUDICIAL REVIEW AND APPEAL. The counsel may
25-8 appeal on behalf of the public an action taken by the commission in
25-9 a proceeding in which the counsel participated. The counsel may
25-10 intervene as a matter of right or appear in any other appropriate
25-11 capacity in a judicial proceeding that arises out of a commission
25-12 proceeding in which the counsel participated.
25-13 [Sec. 5.271. CREATION AND GENERAL RESPONSIBILITY OF THE
25-14 OFFICE OF PUBLIC INTEREST COUNSEL. The office of public interest
25-15 counsel is created to ensure that the commission promotes the
25-16 public's interest and is responsive to environmental and citizens'
25-17 concerns including environmental quality and consumer protection.]
25-18 [Sec. 5.272. PUBLIC INTEREST COUNSEL. The office shall be
25-19 headed by a public interest counsel appointed by the commission.
25-20 The executive director may submit the names and qualifications of
25-21 candidates for public interest counsel to the commission.]
25-22 [Sec. 5.273. DUTIES OF THE PUBLIC INTEREST COUNSEL. The
25-23 counsel shall represent the public interest and be a party to all
25-24 proceedings before the commission.]
25-25 [Sec. 5.274. STAFF. The office shall be adequately staffed
25-26 to carry out its functions under this code.]
25-27 [Sec. 5.275. APPEAL. A ruling, decision, or other act of the
26-1 commission may not be appealed by the counsel.]
26-2 SECTION 1.23. Subchapter A, Chapter 7, Water Code, is
26-3 amended by adding Section 7.0025 to read as follows:
26-4 Sec. 7.0025. INITIATION OF ENFORCEMENT ACTION USING
26-5 INFORMATION PROVIDED BY PRIVATE INDIVIDUAL. (a) The commission may
26-6 initiate an enforcement action on a matter under its jurisdiction
26-7 under this code or the Health and Safety Code based on information
26-8 it receives from a private individual if that information, in the
26-9 commission's judgment, is of sufficient value and credibility to
26-10 warrant the initiation of an enforcement action.
26-11 (b) The executive director or the executive director's
26-12 designated representative may evaluate the value and credibility of
26-13 information received from a private individual and the merits of
26-14 any proposed enforcement action based on that information.
26-15 (c) The commission by rule may adopt criteria for the
26-16 executive director to use in evaluating the value and credibility
26-17 of information received from a private individual and for use of
26-18 that information in an enforcement action.
26-19 (d) A private individual who submits information on which
26-20 the commission relies for all or part of an enforcement case may be
26-21 called to testify in the enforcement proceedings. If the
26-22 commission relies solely on the information submitted by a private
26-23 individual to prove an enforcement case, any physical or sampling
26-24 data must have been collected or gathered in accordance with
26-25 commission protocols.
26-26 SECTION 1.24. Section 361.0231(a), Health and Safety Code,
26-27 is amended to read as follows:
27-1 (a) To protect the public health and environment[, encourage
27-2 economic development,] and assure the continuation of the federal
27-3 funding for abandoned facility response actions, it is the state
27-4 public policy that adequate capacity should exist for the proper
27-5 management of industrial and hazardous waste generated in this
27-6 state.
27-7 SECTION 1.25. Section 26.003, Water Code, is amended to read
27-8 as follows:
27-9 Sec. 26.003. POLICY OF THIS SUBCHAPTER. It is the policy of
27-10 this state and the purpose of this subchapter to maintain the
27-11 quality of water in the state consistent with the public health and
27-12 enjoyment, the propagation and protection of terrestrial and
27-13 aquatic life, and the operation of existing industries[, and the
27-14 economic development of the state]; to encourage and promote the
27-15 development and use of regional and areawide waste collection,
27-16 treatment, and disposal systems to serve the waste disposal needs
27-17 of the citizens of the state; and to require the use of all
27-18 reasonable methods to implement this policy.
27-19 SECTION 1.26. Section 27.003, Water Code, is amended to read
27-20 as follows:
27-21 Sec. 27.003. POLICY AND PURPOSE. It is the policy of this
27-22 state and the purpose of this chapter to maintain the quality of
27-23 fresh water in the state to the extent consistent with the public
27-24 health and welfare and[,] the operation of existing industries,
27-25 [and the economic development of the state,] to prevent underground
27-26 injection that may pollute fresh water, and to require the use of
27-27 all reasonable methods to implement this policy.
28-1 ARTICLE 2. NOTICE REQUIREMENTS
28-2 SECTION 2.01. Chapter 5, Water Code, is amended by adding a
28-3 heading for Subchapter O to read as follows:
28-4 SUBCHAPTER O. NOTICE REQUIREMENTS
28-5 SECTION 2.02. Section 5.115, Water Code, is transferred to
28-6 new Subchapter O, Chapter 5, Water Code, redesignated as Section
28-7 5.651, and amended to read as follows:
28-8 Sec. 5.651 [5.115]. PERSONS AFFECTED IN COMMISSION HEARINGS;
28-9 NOTICE OF APPLICATION FOR PERMIT OR LICENSE. (a) For the purpose
28-10 of an administrative hearing held by or for the commission
28-11 involving a contested case, "affected person," or "person
28-12 affected," or "person who may be affected" means a person who has a
28-13 personal justiciable interest related to a legal right, duty,
28-14 privilege, power, or economic interest affected by the
28-15 administrative hearing. An interest common to members of the
28-16 general public does not qualify as a personal justiciable interest.
28-17 The commission shall adopt rules specifying factors which must be
28-18 considered in determining whether a person is an affected person in
28-19 any contested case arising under the air, waste, or water programs
28-20 within the commission's jurisdiction and whether an affected
28-21 association is entitled to standing in contested case hearings.
28-22 (b) At the time an application for a permit or license under
28-23 this code is filed with the executive director and is
28-24 administratively complete, the commission shall give notice of the
28-25 application to any person who may be affected by the granting of
28-26 the permit or license.
28-27 (c) At the time an application for any formal action by the
29-1 commission that will affect lands dedicated to the permanent school
29-2 fund is filed with the executive director or the commission and is
29-3 administratively complete, the commission shall give notice of the
29-4 application to the School Land Board. Notice shall be delivered by
29-5 certified mail, return receipt requested, addressed to the deputy
29-6 commissioner of the asset management division of the General Land
29-7 Office. Delivery is not complete until the return receipt is
29-8 signed by the deputy commissioner of the asset management division
29-9 of the General Land Office and returned to the commission.
29-10 (d) The commission shall adopt rules for the notice required
29-11 by this section.
29-12 (e) The notice must state:
29-13 (1) the identifying number given the application by
29-14 the commission;
29-15 (2) the type of permit or license sought under the
29-16 application;
29-17 (3) the name and address of the applicant;
29-18 (4) the date on which the application was submitted;
29-19 and
29-20 (5) a brief summary of the information included in the
29-21 permit application.
29-22 (f) The notice to the School Land Board under this section
29-23 shall additionally:
29-24 (1) state the location of the permanent school fund
29-25 land to be affected; and
29-26 (2) describe any foreseeable impact or effect of the
29-27 commission's action on permanent school fund land.
30-1 (g) A formal action or ruling by the commission on an
30-2 application affecting permanent school fund land that is made
30-3 without the notice required by this section is voidable by the
30-4 School Land Board as to any permanent school fund lands affected by
30-5 the action or ruling.
30-6 SECTION 2.03. Sections 11.085(f)-(i), Water Code, are
30-7 transferred to new Subchapter O, Chapter 5, Water Code,
30-8 redesignated as Section 5.652, and amended to read as follows:
30-9 Sec. 5.652. NOTICE OF APPLICATION FOR INTERBASIN TRANSFER.
30-10 (a) [(f)] Notice of an application for an interbasin transfer
30-11 under Section 11.085 shall be mailed to the following:
30-12 (1) all holders of permits, certified filings, or
30-13 certificates of adjudication located in whole or in part in the
30-14 basin of origin;
30-15 (2) each county judge of a county located in whole or
30-16 in part in the basin of origin;
30-17 (3) each mayor of a city with a population of 1,000 or
30-18 more located in whole or in part in the basin of origin; [and]
30-19 (4) all groundwater conservation districts located in
30-20 whole or in part in the basin of origin; and
30-21 (5) each state legislator in both basins.
30-22 (b) [(g)] The applicant shall cause the notice of
30-23 application for an interbasin transfer to be published once a week
30-24 for two consecutive weeks in one or more newspapers having general
30-25 circulation in each county located in whole or in part in the basin
30-26 of origin or the receiving basin. The published notice may not be
30-27 smaller than 96.8 square centimeters or 15 square inches with the
31-1 shortest dimension at least 7.6 centimeters or three inches. The
31-2 notice of application and public meetings shall be combined in the
31-3 mailed and published notices.
31-4 (c) [(h)] The notice of application must state how a person
31-5 may obtain the information described by Section 11.085(b)
31-6 [Subsection (b) of this section].
31-7 (d) [(i)] The applicant shall pay the cost of notice
31-8 required to be provided under this section. The commission by rule
31-9 may establish procedures for payment of those costs.
31-10 SECTION 2.04. Sections 11.132(a)-(c), Water Code, are
31-11 transferred to new Subchapter O, Chapter 5, Water Code,
31-12 redesignated as Section 5.653, and amended to read as follows:
31-13 Sec. 5.653. NOTICE OF PROPOSED APPROPRIATION OF WATER. (a)
31-14 Notice shall be given to the persons who in the judgment of the
31-15 commission may be affected by an application for authorization to
31-16 appropriate unappropriated state water under Chapter 11, including
31-17 those persons listed in Section 5.654(b) [Subdivision (2),
31-18 Subsection (d), of this section. The commission, on the motion of
31-19 a commissioner or on the request of the executive director or any
31-20 affected person, shall hold a public hearing on the application].
31-21 (b) If the proposed use is for irrigation, the commission
31-22 shall include in the notice a general description of the location
31-23 and area of the land to be irrigated.
31-24 (c) In the notice, the commission shall:
31-25 (1) state the name and address of the applicant;
31-26 (2) state the date the application was filed;
31-27 (3) state the purpose and extent of the proposed
32-1 appropriation of water;
32-2 (4) identify the source of supply and the place where
32-3 the water is to be stored or taken or diverted from the source of
32-4 supply;
32-5 (5) specify the time and location where the commission
32-6 will consider the application; and
32-7 (6) give any additional information the commission
32-8 considers necessary.
32-9 SECTION 2.05. Sections 11.132(d) and (e), Water Code, are
32-10 transferred to new Subchapter O, Chapter 5, Water Code,
32-11 redesignated as Section 5.654, and amended to read as follows:
32-12 Sec. 5.654. NOTICE REQUIRED TO OBTAIN AUTHORIZATION TO
32-13 APPROPRIATE WATER WITHOUT HEARING. (a) Not later [(d) The
32-14 commission may act on the application without holding a public
32-15 hearing if:]
32-16 [(1) not less] than 30 days before the date of action
32-17 by the commission on an [the] application for authorization to
32-18 appropriate unappropriated state water under Chapter 11 [by the
32-19 commission], the applicant shall publish [has published] the
32-20 commission's notice of the application under Section 5.653 at least
32-21 once in a newspaper regularly published or circulated within the
32-22 section of the state where the source of water is located.[;]
32-23 (b) Not later [(2) not less] than 30 days before the date
32-24 of action on the application by the commission, the commission
32-25 shall mail [mails] a copy of the notice by first-class mail,
32-26 postage prepaid, to:
32-27 (1) [(A)] each claimant or appropriator of water from
33-1 the source of water supply, the record of whose claim or
33-2 appropriation has been filed with the commission; and
33-3 (2) [(B)] all navigation districts within the river
33-4 basin concerned[; and]
33-5 [(3) within 30 days after the date of the newspaper
33-6 publication of the commission's notice, a public hearing has not
33-7 been requested in writing by a commissioner, the executive
33-8 director, or an affected person who objects to the application].
33-9 (c) [(e)] The inadvertent failure of the commission to mail
33-10 a notice under [Subdivision (2),] Subsection (b) [(d), of this
33-11 section] to a navigation district that is not a claimant or
33-12 appropriator of water does not prevent the commission's
33-13 consideration of the application.
33-14 SECTION 2.06. Sections 11.143(e) and (f), Water Code, are
33-15 transferred to new Subchapter O, Chapter 5, Water Code,
33-16 redesignated as Section 5.655, and amended to read as follows:
33-17 Sec. 5.655. NOTICE OF APPLICATION AND OF HEARING ON
33-18 APPLICATION FOR PERMIT TO USE DOMESTIC AND LIVESTOCK RESERVOIR FOR
33-19 OTHER PURPOSES. (a) The commission shall give notice of an
33-20 application for a permit to use water from a dam or reservoir
33-21 exempted under Section 11.142 for a purpose other than domestic or
33-22 livestock use as provided by this section.
33-23 (b) [(e)] In the notice, the commission shall:
33-24 (1) state the name and post-office address of the
33-25 applicant;
33-26 (2) state the date the application was filed;
33-27 (3) state the purpose and extent of the proposed
34-1 appropriation of water;
34-2 (4) identify the source of supply and the place where
34-3 the water is stored; and
34-4 (5) specify the time and place of the hearing.
34-5 (c) [(f)] The notice shall be published only once, at least
34-6 20 days before the date stated in the notice for the hearing on the
34-7 application, in a newspaper having general circulation in the
34-8 county where the dam or reservoir is located. At least 15 days
34-9 before the date set for the hearing, the commission shall transmit
34-10 a copy of the notice by first-class mail to each person whose claim
34-11 or appropriation has been filed with the commission and whose
34-12 diversion point is downstream from that described in the
34-13 application.
34-14 SECTION 2.07. Section 11.143(d), Water Code, is transferred
34-15 to new Subchapter O, Chapter 5, Water Code, redesignated as Section
34-16 5.656, and amended to read as follows:
34-17 Sec. 5.656. NOTICE REQUIRED TO OBTAIN A PERMIT WITHOUT
34-18 HEARING TO USE DOMESTIC AND LIVESTOCK RESERVOIR FOR OTHER PURPOSES.
34-19 (a) Not later [(d) Except as otherwise specifically provided by
34-20 this subsection, before the commission may approve the application
34-21 and issue the permit, it shall give notice and hold a hearing as
34-22 prescribed by this section. The commission may act on the
34-23 application without holding a public hearing if:]
34-24 [(1) not less] than 30 days before the date of action
34-25 by the commission on an [the] application to obtain a permit under
34-26 Section 11.143 to use water from a dam or reservoir exempted under
34-27 Section 11.142 for a purpose other than domestic or livestock use
35-1 [by the commission], the applicant shall publish [has published]
35-2 the commission's notice of the application at least once in a
35-3 newspaper regularly published or circulated within the section of
35-4 the state where the source of water is located.[;]
35-5 (b) Not later [(2) not less] than 30 days before the date
35-6 of action on the application by the commission, the commission
35-7 shall mail [mails] a copy of the notice by first-class mail,
35-8 postage prepaid, to each person whose claim or appropriation has
35-9 been filed with the commission and whose diversion point is
35-10 downstream from that described in the application[; and]
35-11 [(3) within 30 days after the date of the newspaper
35-12 publication of the commission's notice, a public hearing is not
35-13 requested in writing by a commissioner, the executive director, or
35-14 an affected person who objects to the application].
35-15 SECTION 2.08. Section 11.175, Water Code, is transferred to
35-16 new Subchapter O, Chapter 5, Water Code, redesignated as Section
35-17 5.657, and amended to read as follows:
35-18 Sec. 5.657 [11.175]. NOTICE OF CANCELLATION PROCEEDING. (a)
35-19 At least 45 days before the date of a [the] hearing on the proposed
35-20 cancellation of a permit, certified filing, or certificate of
35-21 adjudication under Section 11.176, the commission shall send notice
35-22 of the hearing to the holder of the permit, certified filing, or
35-23 certificate of adjudication being considered for cancellation in
35-24 whole or in part. Notice shall be sent by certified mail, return
35-25 receipt requested, to the last address shown by the records of the
35-26 commission. The commission shall also send notice by regular mail
35-27 to all other holders of permits, certified filings, certificates of
36-1 adjudication, and claims of unadjudicated water rights filed
36-2 pursuant to Section 11.303 [of this code] in the same watershed.
36-3 (b) The commission shall also have the notice of the hearing
36-4 published once a week for two consecutive weeks, at least 30 days
36-5 before the date of the hearing, in a newspaper published in each
36-6 county in which diversion of water from the source of supply was
36-7 authorized or proposed to be made and in each county in which the
36-8 water was authorized or proposed to be used, as shown by the
36-9 records of the commission. If in any such county no newspaper is
36-10 published, then the notice may be published in a newspaper having
36-11 general circulation in the county.
36-12 SECTION 2.09. Sections 26.022(b) and (c), Water Code, are
36-13 transferred to new Subchapter O, Chapter 5, Water Code,
36-14 redesignated as Section 5.658, and amended to read as follows:
36-15 Sec. 5.658. NOTICE OF HEARINGS HELD UNDER CHAPTER 26.
36-16 (a) Except as otherwise provided by Sections 5.501, 5.504, 5.509,
36-17 and 26.176, notice [(b) Notice] of all hearings held under Chapter
36-18 26 [the hearing] shall be published at least once in a newspaper
36-19 regularly published or circulated in each county where, by virtue
36-20 of the county's geographical relation to the subject matter of the
36-21 hearing, the commission has reason to believe persons reside who
36-22 may be affected by the action that may be taken as a result of the
36-23 hearing. The date of the publication shall be not less than 20
36-24 days before the date set for the hearing.
36-25 (b) [(c)] If notice of the hearing is required by Chapter 26
36-26 [this chapter] to be given to a person, the notice shall be served
36-27 personally or mailed not less than 20 days before the date set for
37-1 the hearing to the person at his last address known to the
37-2 commission. If the party is not an individual, the notice may be
37-3 given to any officer, agent, or legal representative of the party.
37-4 SECTION 2.10. Sections 26.028(a), (b), and (e), Water Code,
37-5 are transferred to new Subchapter O, Chapter 5, Water Code,
37-6 redesignated as Section 5.659, and amended to read as follows:
37-7 Sec. 5.659. NOTICE TO AFFECTED PERSONS OF APPLICATION FOR
37-8 PERMIT, PERMIT AMENDMENT, OR PERMIT RENEWAL UNDER CHAPTER 26. (a)
37-9 The commission shall give notice [Notice] of an application for a
37-10 permit, permit amendment, or permit renewal under Chapter 26 [shall
37-11 be given] to the persons who in the judgment of the commission may
37-12 be affected by the application, except as provided by this section.
37-13 (b) For any application involving an average daily discharge
37-14 of five million gallons or more, the notice shall be given:
37-15 (1) not later than 20 days before the date on which
37-16 the commission acts on the application; and
37-17 (2) to each county judge in the county or counties
37-18 located within 100 statute miles of the point of discharge who have
37-19 requested in writing that the commission give that notice and
37-20 through which water, into or adjacent to which waste or pollutants
37-21 are to be discharged under the permit, flows after the discharge.
37-22 (c) [(e)] Notice of an application under Section 26.028(c)
37-23 must [Subsection (d) shall] be mailed to the mayor and health
37-24 authorities for the city or town, and the county judge and health
37-25 authorities for the county in which the waste is or will be
37-26 discharged, at least 10 days before the commission meeting[, and
37-27 they may present information to the commission on the application].
38-1 SECTION 2.11. Section 26.028(g), Water Code, is transferred
38-2 to new Subsection O, Chapter 5, Water Code, redesignated as Section
38-3 5.660, and amended to read as follows:
38-4 Sec. 5.660. NOTICE REQUIRED TO OBTAIN PERMIT DECISION
38-5 WITHOUT HEARING UNDER SECTION 26.028(a). (a) Not later [(g) For
38-6 the purposes of Subsection (c), the commission may act on the
38-7 application without holding a public hearing if all of the
38-8 following conditions are met:]
38-9 [(1) not less] than 30 days before the date of action
38-10 by the commission on an [the] application for a permit, permit
38-11 amendment, or permit renewal under Chapter 26 [by the commission],
38-12 the applicant shall publish [has published] the commission's notice
38-13 of the application at least once in a newspaper regularly published
38-14 or circulated within each county where the proposed facility or
38-15 discharge is located and in each county affected by the
38-16 discharge.[;]
38-17 (b) Not later [(2) not less] than 30 days before the date
38-18 of action on the application by the commission, the applicant shall
38-19 serve or mail [has served or mailed] the commission's notice of the
38-20 application to persons who in the judgment of the commission may be
38-21 affected, including the county judges as required by Section
38-22 5.659(b) [Subsection (b) of this section]. As part of the [his]
38-23 application the applicant shall submit an affidavit which lists the
38-24 names and addresses of the persons who may be affected by the
38-25 application and includes the source of the list[;]
38-26 [(3) within 30 days after the date of the newspaper
38-27 publication of the commission's notice, neither a commissioner, the
39-1 executive director, nor an affected person who objects to the
39-2 application has requested a public hearing].
39-3 SECTION 2.12. Section 26.040(b), Water Code, is transferred
39-4 to new Subchapter O, Chapter 5, Water Code, redesignated as Section
39-5 5.661, and amended to read as follows:
39-6 Sec. 5.661. NOTICE OF PROPOSED GENERAL PERMIT TO DISCHARGE
39-7 WASTE INTO OR ADJACENT TO STATE WATERS. (a) [(b)] The commission
39-8 shall publish notice of a proposed general permit to discharge
39-9 waste into or adjacent to waters in the state under Section 26.040
39-10 in a daily or weekly newspaper of general circulation in the area
39-11 affected by the activity that is the subject of the proposed
39-12 general permit and in the Texas Register.
39-13 (b) For a statewide general permit, the commission shall
39-14 designate one or more newspapers of statewide or regional
39-15 circulation and shall publish notice of the proposed statewide
39-16 general permit in each designated newspaper in addition to the
39-17 Texas Register.
39-18 (c) The notice must include an invitation for written
39-19 comments by the public to the commission regarding the proposed
39-20 general permit and shall be published not later than the 30th day
39-21 before the commission adopts the general permit.
39-22 (d) The commission by rule may require additional notice to
39-23 be given.
39-24 SECTION 2.13. Section 27.018(b), Water Code, is transferred
39-25 to new Subchapter O, Chapter 5, Water Code, redesignated as Section
39-26 5.662, and amended to read as follows:
39-27 Sec. 5.662. NOTICE OF OPPORTUNITY FOR HEARING ON PERMIT
40-1 APPLICATION FOR INJECTION WELL TO DISPOSE OF INDUSTRIAL AND
40-2 MUNICIPAL WASTE. [(b)] The commission by rule shall provide for
40-3 giving notice of the opportunity to request a public hearing on a
40-4 permit application for an injection well to dispose of industrial
40-5 and municipal waste under Chapter 27. The rules for notice shall
40-6 include provisions for giving notice to local governments and
40-7 affected persons. The commission shall define "affected person" by
40-8 rule.
40-9 SECTION 2.14. Section 361.063(c), Health and Safety Code, is
40-10 transferred to new Subchapter O, Chapter 5, Water Code,
40-11 redesignated as Section 5.663, and amended to read as follows:
40-12 Sec. 5.663. NOTICE OF INTENT TO FILE APPLICATION FOR
40-13 HAZARDOUS WASTE PERMIT. [(c)] If an applicant for a permit for a
40-14 hazardous waste management facility decides to participate in a
40-15 local review committee process under Section 361.063, Health and
40-16 Safety Code, the applicant must file with the commission a notice
40-17 of intent to file an application, setting forth the proposed
40-18 location and type of hazardous waste management facility. A copy
40-19 of the notice shall be delivered to the county judge of the county
40-20 in which the facility is to be located. In addition, if the
40-21 proposed facility is to be located in a municipality or the
40-22 extraterritorial jurisdiction of a municipality, a copy of the
40-23 notice shall be delivered to the mayor of the municipality. [The
40-24 filing of the notice with the commission initiates the
40-25 preapplication review process.]
40-26 SECTION 2.15. Section 361.0665, Health and Safety Code, is
40-27 transferred to new Subchapter O, Chapter 5, Water Code,
41-1 redesignated as Section 5.664, and amended to read as follows:
41-2 Sec. 5.664 [361.0665]. NOTICE OF INTENT TO OBTAIN MUNICIPAL
41-3 SOLID WASTE PERMIT. (a) A person who applies for a municipal
41-4 solid waste permit shall publish notice of intent to obtain a
41-5 permit under Chapter 361, Health and Safety Code, [this chapter] at
41-6 least once in a newspaper of the largest general circulation that
41-7 is published in the county in which the facility is located or
41-8 proposed to be located.
41-9 (b) Notice must include:
41-10 (1) a description of the location or proposed location
41-11 of the facility;
41-12 (2) a statement that a person who may be affected by
41-13 the facility or proposed facility is entitled to request a hearing
41-14 from the commission;
41-15 (3) the manner in which the commission may be
41-16 contacted for further information; and
41-17 (4) any other information that the commission by rule
41-18 requires.
41-19 (c) If a newspaper is not published in the county, the
41-20 notice must be published in a newspaper of general circulation in
41-21 the county in which the facility is located or proposed to be
41-22 located and in a newspaper of circulation in the immediate vicinity
41-23 in which the facility is located or proposed to be located as
41-24 defined by commission rule.
41-25 (d) In addition, the commission shall publish notice in the
41-26 Texas Register.
41-27 SECTION 2.16. New Subchapter O, Chapter 5, Water Code, is
42-1 amended by adding Section 5.6645 to read as follows:
42-2 Sec. 5.6645. PUBLIC MEETING AND NOTICE FOR SOLID WASTE
42-3 FACILITIES. (a) An applicant for a permit under Chapter 361,
42-4 Health and Safety Code, for a new facility that accepts municipal
42-5 solid wastes shall hold a public meeting in the county in which the
42-6 proposed facility is to be located. The meeting must be held
42-7 before the 45th day after the date the application is filed.
42-8 (b) The applicant shall publish notice of the public meeting
42-9 at least once each week during the three weeks preceding the
42-10 meeting. The notice must be published in the newspaper of the
42-11 largest general circulation that is published in the county in
42-12 which the proposed facility is to be located. If a newspaper is
42-13 not published in the county, the notice must be published in a
42-14 newspaper of general circulation in the county.
42-15 (c) The applicant shall present to the commission an
42-16 affidavit certifying that the notice was published as required by
42-17 Subsection (b). The commission's acceptance of the affidavit
42-18 raises a presumption that the applicant has complied with
42-19 Subsection (b).
42-20 (d) The published notice may not be smaller than 96.8 square
42-21 centimeters or 15 square inches with the shortest dimension not
42-22 less than 7.5 centimeters or 3 inches. The notice must contain at
42-23 least the following information:
42-24 (1) the permit application number;
42-25 (2) the applicant's name;
42-26 (3) the proposed location of the facility; and
42-27 (4) the location and availability of copies of the
43-1 application.
43-2 (e) The applicant shall pay the cost of the notice required
43-3 under this section. The commission by rule may establish a
43-4 procedure for payment of those costs.
43-5 SECTION 2.17. Sections 361.079(a) and (c), Health and Safety
43-6 Code, are transferred to new Subchapter O, Chapter 5, Water Code,
43-7 redesignated as Section 5.665, and amended to read as follows:
43-8 Sec. 5.665. NOTICE OF APPLICATION FOR SOLID WASTE OR
43-9 HAZARDOUS INDUSTRIAL SOLID WASTE PERMIT. (a) Except as provided by
43-10 Sections 361.080(b) and 361.081(c), Health and Safety Code, the
43-11 commission by rule shall establish procedures for public notice
43-12 [and a public hearing] under Section 361.080 or 361.081, Health and
43-13 Safety Code.
43-14 (b) [(c)] To improve the timeliness of notice to the public
43-15 of a public hearing under Section 361.080 or 361.081, Health and
43-16 Safety Code, public notice of receipt of the permit application
43-17 shall be provided at the time a permit application is submitted to
43-18 the commission.
43-19 SECTION 2.18. Sections 361.0791(e), (f), and (g), Health and
43-20 Safety Code, are transferred to new Subchapter O, Chapter 5, Water
43-21 Code, redesignated as Section 5.666, and amended to read as
43-22 follows:
43-23 Sec. 5.666. NOTICE OF REQUIRED PUBLIC MEETING ON APPLICATION
43-24 FOR PERMIT FOR NEW HAZARDOUS WASTE MANAGEMENT FACILITY. (a) [(e)]
43-25 If a meeting is required under Section 361.0791(a), Health and
43-26 Safety Code [Subsection (a)], not less than once each week during
43-27 the three weeks preceding a public meeting, the applicant shall
44-1 publish notice of the meeting in the newspaper of the largest
44-2 general circulation that is published in the county in which the
44-3 proposed facility is to be located or, if no newspaper is published
44-4 in the county, in a newspaper of general circulation in the county.
44-5 The applicant shall provide the commission an affidavit certifying
44-6 that the notice was given as required by this section. Acceptance
44-7 of the affidavit creates a rebuttable presumption that the
44-8 applicant has complied with this section.
44-9 (b) [(f)] The published notice may not be smaller than 96.8
44-10 square centimeters or 15 square inches with the shortest dimension
44-11 at least 7.6 centimeters or three inches and shall contain, at a
44-12 minimum, the following information:
44-13 (1) the permit application number;
44-14 (2) the applicant's name;
44-15 (3) the proposed location of the facility; and
44-16 (4) the location and availability of copies of the
44-17 permit application.
44-18 (c) [(g)] The applicant shall pay the cost of notice
44-19 required to be provided under this section. The commission by rule
44-20 may establish procedures for payment of those costs.
44-21 SECTION 2.19. Sections 361.081(a) and (b), Health and Safety
44-22 Code, are transferred to new Subchapter O, Chapter 5, Water Code,
44-23 redesignated as Section 5.667, and amended to read as follows:
44-24 Sec. 5.667. NOTICE OF HEARING ON APPLICATION FOR SOLID WASTE
44-25 FACILITY. (a) The [commission shall require the] applicant shall
44-26 [to] mail notice to each residential or business address located
44-27 within one-half mile of a new solid waste management facility and
45-1 to each owner of real property located within one-half mile of a
45-2 new solid waste management facility listed in the real property
45-3 appraisal records of the appraisal district in which the solid
45-4 waste management facility is sought to be permitted under Chapter
45-5 361, Health and Safety Code, as of the date the commission
45-6 determines the permit application is administratively complete. The
45-7 notice must be sent by mail and must be deposited with the United
45-8 States postal service not more than 45 days or less than 30 days
45-9 before the date of the hearing.
45-10 (b) The applicant must certify to the commission that the
45-11 mailings were deposited as required by Subsection (a). Acceptance
45-12 of the certification creates a rebuttable presumption that the
45-13 applicant has complied with this section. Substantial compliance
45-14 with the notice requirements of Subsection (a) is sufficient for
45-15 the commission to exercise jurisdiction over an application for a
45-16 solid waste facility.
45-17 SECTION 2.20. Section 361.082(c), Health and Safety Code, is
45-18 transferred to new Subchapter O, Chapter 5, Water Code,
45-19 redesignated as Section 5.668, and amended to read as follows:
45-20 Sec. 5.668. NOTICE OF PUBLIC HEARING ON APPLICATION FOR
45-21 HAZARDOUS WASTE PERMIT. [(c)] The commission by rule shall
45-22 establish procedures for public notice of a [and] public hearing on
45-23 an application for a hazardous waste permit under Section 361.082,
45-24 Health and Safety Code. At a minimum, the rules shall include the
45-25 public notice requirements set forth in Section 5.667 [361.081].
45-26 SECTION 2.21. Sections 361.089(b) and (c), Health and Safety
45-27 Code, are transferred to new Subchapter O, Chapter 5, Water Code,
46-1 redesignated as Section 5.669, and amended to read as follows:
46-2 Sec. 5.669. NOTICE REGARDING DENIAL OR AMENDMENT OF SOLID
46-3 WASTE PERMIT. (a) The [(b) Except as provided by Section 361.110,
46-4 the] commission shall notify each governmental entity listed under
46-5 Section 361.067, Health and Safety Code, regarding possible
46-6 commission action to deny or amend a solid waste permit under
46-7 Section 361.089, Health and Safety Code [and provide an opportunity
46-8 for a hearing to the permit holder or applicant and persons
46-9 affected. The commission may also hold a hearing on its own
46-10 motion].
46-11 (b) [(c)] The commission by rule shall establish procedures
46-12 for public notice of [and] any public hearing on the denial or
46-13 amendment of a solid waste permit under Section 361.089, Health and
46-14 Safety Code [this section].
46-15 SECTION 2.22. Section 382.017(b), Health and Safety Code, is
46-16 transferred to Subchapter O, Chapter 5, Water Code, redesignated as
46-17 Section 5.670, and amended to read as follows:
46-18 Sec. 5.670. NOTICE OF HEARING ON ADOPTION OF STATEWIDE RULE
46-19 RELATING TO AIR POLLUTION. [(b)] If a [the] rule adopted under
46-20 Section 382.017, Health and Safety Code, will have statewide
46-21 effect, notice of the date, time, place, and purpose of the hearing
46-22 shall be published one time at least 20 days before the scheduled
46-23 date of the hearing in at least three newspapers, the combined
46-24 circulation of which will, in the commission's judgment, give
46-25 reasonable circulation throughout the state. If the rule will have
46-26 effect in only a part of the state, the notice shall be published
46-27 one time at least 20 days before the scheduled date of the hearing
47-1 in a newspaper of general circulation in the area to be affected.
47-2 SECTION 2.23. Section 382.0516, Health and Safety Code, is
47-3 transferred to new Subchapter O, Chapter 5, Water Code,
47-4 redesignated as Section 5.671, and amended to read as follows:
47-5 Sec. 5.671 [382.0516]. NOTICE TO STATE SENATOR AND
47-6 REPRESENTATIVE OF RECEIPT OF PERMIT APPLICATION FOR A FACILITY THAT
47-7 MAY EMIT AIR CONTAMINANTS. On receiving an application under
47-8 Chapter 382, Health and Safety Code, for a construction permit, a
47-9 special permit, or an operating permit for a facility that may emit
47-10 air contaminants, the commission shall send notice of the
47-11 application to the state senator and representative who represent
47-12 the area in which the facility is or will be located.
47-13 SECTION 2.24. Section 382.055(c), Health and Safety Code, is
47-14 transferred to new Subchapter O, Chapter 5, Water Code,
47-15 redesignated as Section 5.672, and amended to read as follows:
47-16 Sec. 5.672. NOTICE TO PERMIT HOLDER OF REVIEW AND RENEWAL OF
47-17 PRECONSTRUCTION PERMIT. [(c)] Not less than 180 days before the
47-18 date on which an [the renewal] application for renewal of a
47-19 preconstruction permit is due under Section 382.055, Health and
47-20 Safety Code, the commission shall provide written notice to the
47-21 permit holder, by registered or certified mail, that the permit is
47-22 scheduled for review in accordance with this section. The notice
47-23 must include a description of the procedure for filing a renewal
47-24 application and the information to be included in the application.
47-25 SECTION 2.25. Sections 382.056(a)-(c), (g), and (i), Health
47-26 and Safety Code, are transferred to new Subchapter O, Chapter 5,
47-27 Water Code, redesignated as Section 5.673, and amended to read as
48-1 follows:
48-2 Sec. 5.673. NOTICE OF INTENT TO OBTAIN PRECONSTRUCTION
48-3 PERMIT OR PERMIT REVIEW. (a) An applicant for a permit under
48-4 Section 382.0518, Health and Safety Code, or a permit renewal
48-5 review under Section 382.055, Health and Safety Code, shall publish
48-6 notice of intent to obtain the permit or permit review not later
48-7 than the 30th day after the date the commission determines the
48-8 application to be administratively complete. The commission by
48-9 rule shall require an applicant for a federal operating permit
48-10 under Section 382.054, Health and Safety Code, to publish notice of
48-11 intent to obtain a permit or permit review consistent with federal
48-12 requirements and with the requirements of Subsection (b). The
48-13 applicant shall publish the notice at least once in a newspaper of
48-14 general circulation in the municipality in which the facility or
48-15 federal source is located or is proposed to be located or in the
48-16 municipality nearest to the location or proposed location of the
48-17 facility or federal source. If the elementary or middle school
48-18 nearest to the facility or proposed facility provides a bilingual
48-19 education program as required by Subchapter B, Chapter 29,
48-20 Education Code, the applicant shall also publish the notice at
48-21 least once in an additional publication of general circulation in
48-22 the municipality or county in which the facility is located or
48-23 proposed to be located that is published in the language taught in
48-24 the bilingual education program. This requirement is waived if
48-25 such a publication does not exist or if the publisher refuses to
48-26 publish the notice. The commission by rule shall prescribe the
48-27 form and content of the notice and when notice must be published.
49-1 The commission may require publication of additional notice. The
49-2 commission by rule shall prescribe alternative procedures for
49-3 publication of the notice in a newspaper if the applicant is a
49-4 small business stationary source as defined by Section 382.0365,
49-5 Health and Safety Code, and will not have a significant effect on
49-6 air quality. The alternative procedures must be cost-effective
49-7 while ensuring adequate notice. Notice required to be published
49-8 under this section shall only be required to be published in the
49-9 United States.
49-10 (b) The notice must include:
49-11 (1) a description of the location or proposed location
49-12 of the facility or federal source;
49-13 (2) the location at which a copy of the application is
49-14 available for review and copying as provided by Section 382.056(b),
49-15 Health and Safety Code [Subsection (d)];
49-16 (3) a description, including a telephone number, of
49-17 the manner in which the commission may be contacted for further
49-18 information;
49-19 (4) a description, including a telephone number, of
49-20 the manner in which the applicant may be contacted for further
49-21 information;
49-22 (5) a description of the procedural rights and
49-23 obligations of the public, printed in a font style or size that
49-24 clearly provides emphasis and distinguishes it from the remainder
49-25 of the notice, that includes a statement that a person who may be
49-26 affected by emissions of air contaminants from the facility,
49-27 proposed facility, or federal source is entitled to request a
50-1 hearing from the commission;
50-2 (6) a description of the procedure by which a person
50-3 may be placed on a mailing list in order to receive additional
50-4 information about the application;
50-5 (7) the time and location of any public meeting to be
50-6 held under Section 382.056(c), Health and Safety Code [Subsection
50-7 (e)]; and
50-8 (8) any other information the commission by rule
50-9 requires.
50-10 (c) At the site of a facility, proposed facility, or federal
50-11 source for which an applicant is required to publish notice under
50-12 this section, the applicant shall place a sign declaring the filing
50-13 of an application for a permit or permit review for a facility at
50-14 the site and stating the manner in which the commission may be
50-15 contacted for further information. The commission shall adopt any
50-16 rule necessary to carry out this subsection.
50-17 (d) [(g)] If, in response to the notice published under
50-18 Subsection (a) for a permit under Section 382.0518, Health and
50-19 Safety Code, or a permit renewal review under Section 382.055,
50-20 Health and Safety Code, a person requests during the period
50-21 provided by commission rule that the commission hold a public
50-22 hearing and the request is not withdrawn before the date the
50-23 preliminary decision is issued, the applicant shall publish notice
50-24 of the preliminary decision in a newspaper, and the commission
50-25 shall seek public comment on the preliminary decision[. The
50-26 commission shall consider the request for public hearing under the
50-27 procedures provided by Subsections (i)-(n). The commission may not
51-1 seek further public comment or hold a public hearing under the
51-2 procedures provided by Subsections (i)-(n) in response to a request
51-3 for a public hearing on an amendment, modification, or renewal that
51-4 would not result in an increase in allowable emissions and would
51-5 not result in the emission of an air contaminant not previously
51-6 emitted].
51-7 (e) [(i)] The commission by rule shall establish the form
51-8 and content of the notice, the manner of publication, and the
51-9 duration of the public comment period. The notice must include:
51-10 (1) the information required by Subsection (b);
51-11 (2) a summary of the preliminary decision;
51-12 (3) the location at which a copy of the preliminary
51-13 decision is available for review and copying as provided by Section
51-14 382.056(g), Health and Safety Code [Subsection (j)];
51-15 (4) a description of the manner in which comments
51-16 regarding the preliminary decision may be submitted; and
51-17 (5) any other information the commission by rule
51-18 requires.
51-19 (f) The department shall establish rules to ensure that a
51-20 permit applicant complies with the notice requirement under
51-21 Subsection (a).
51-22 (g) This section does not apply to:
51-23 (1) the relocation or change of location of a portable
51-24 facility to a site where a facility permitted by the commission is
51-25 located if no portable facility has been located at the proposed
51-26 site at any time during the previous two years; or
51-27 (2) a facility located temporarily in the
52-1 right-of-way, or contiguous to the right-of-way, of a public works
52-2 project.
52-3 SECTION 2.26. Section 382.0561(f), Health and Safety Code, is
52-4 transferred to new Subchapter O, Chapter 5, Water Code,
52-5 redesignated as Section 5.674, and amended to read as follows:
52-6 Sec. 5.674. NOTICE OF COMMENT PERIOD AND HEARING ON FEDERAL
52-7 OPERATING PERMIT. [(f)] Notice of the public comment period and
52-8 opportunity for a hearing on an application for issuance, revision,
52-9 reopening, or renewal of a federal operating permit under Section
52-10 382.0561, Health and Safety Code, [this section] shall be published
52-11 in accordance with Section 5.673 [382.056].
52-12 SECTION 2.27. Section 382.0562, Health and Safety Code, is
52-13 transferred to new Subchapter O, Chapter 5, Water Code,
52-14 redesignated as Section 5.675, and amended to read as follows:
52-15 Sec. 5.675 [382.0562]. NOTICE OF DECISION ON FEDERAL
52-16 OPERATING PERMIT. (a) The commission or its designee shall send
52-17 notice of a proposed final action on a federal operating permit
52-18 under Section 382.0542, Health and Safety Code, by first-class mail
52-19 to the applicant and all persons who comment during the public
52-20 comment period or at the public hearing. The notice shall include
52-21 a response to any comment submitted during the public comment
52-22 period and shall identify any change in the conditions of the draft
52-23 permit and the reasons for the change.
52-24 (b) The notice required by Subsection (a) shall:
52-25 (1) state that any person affected by the decision of
52-26 the commission or its designee may petition the administrator in
52-27 accordance with Section 382.0563, Health and Safety Code, and rules
53-1 adopted under that section;
53-2 (2) state the date by which the petition must be
53-3 filed; and
53-4 (3) explain the petition process.
53-5 SECTION 2.28. New Subchapter O, Chapter 5, Water Code, is
53-6 amended by adding Sections 5.676 and 5.677 to read as follows:
53-7 Sec. 5.676. NOTICE OF HEARING ON ISSUANCE OR RENEWAL OF
53-8 LICENSE TO DISPOSE OF LOW-LEVEL RADIOACTIVE WASTE. (a) Notice of a
53-9 hearing on the issuance or renewal of a license to dispose of
53-10 low-level radioactive waste under Section 401.114, Health and
53-11 Safety Code, shall be given as provided by this section and Section
53-12 401.114, Health and Safety Code.
53-13 (b) In addition to other notice, the commission shall
53-14 publish notice of the hearing in the manner provided by Chapter
53-15 313, Government Code, in the county in which the proposed facility
53-16 is to be located. The notice shall state the subject and the time,
53-17 place, and date of the hearing.
53-18 (c) The commission shall mail, by certified mail in the
53-19 manner provided by the commission's rules, written notice to each
53-20 person who owns property adjacent to the proposed site. The notice
53-21 must be mailed not later than the 31st day before the date of the
53-22 hearing and must include the same information that is in the
53-23 published notice. If true, the commission or the applicant must
53-24 certify that the notice was mailed as required by this subsection,
53-25 and at the hearing the certificate is conclusive evidence of the
53-26 mailing.
53-27 Sec. 5.677. NOTICE OF AMENDMENT TO LICENSE TO DISPOSE OF
54-1 LOW-LEVEL RADIOACTIVE WASTE. (a) The commission shall publish
54-2 notice of an amendment to a license to dispose of low-level
54-3 radioactive waste under Section 401.116, Health and Safety Code,
54-4 once in the Texas Register and in a newspaper of general
54-5 circulation in the county in which the licensed activity is located
54-6 and shall give notice to any person who has notified the agency, in
54-7 advance, of the desire to receive notice of proposed amendment of
54-8 the license.
54-9 (b) Notice under this section must include:
54-10 (1) the identity of the license holder;
54-11 (2) identification of the license; and
54-12 (3) a short and plain statement of the license
54-13 amendment's substance.
54-14 ARTICLE 3. FEES AND RATES
54-15 SECTION 3.01. Chapter 5, Water Code, is amended by adding a
54-16 heading for Subchapter P to read as follows:
54-17 SUBCHAPTER P. FEES
54-18 SECTION 3.02. Section 5.235, Water Code, is transferred to
54-19 new Subchapter P, Chapter 5, Water Code, redesignated as Section
54-20 5.701, and amended to read as follows:
54-21 Sec. 5.701 [5.235]. FEES. (a) The executive director shall
54-22 charge and collect the fees prescribed by law. The executive
54-23 director shall make a record of fees prescribed when due and shall
54-24 render an account to the person charged with the fees. Each fee is
54-25 a separate charge and is in addition to other fees unless provided
54-26 otherwise. Except as otherwise provided, a fee assessed and
54-27 collected under this section shall be deposited to the credit of
55-1 the water resource management account.
55-2 (1) Notwithstanding other provisions, the commission
55-3 by rule may establish due dates, schedules, and procedures for
55-4 assessment, collection, and remittance of fees due the commission
55-5 to ensure the cost-effective administration of revenue collection
55-6 and cash management programs.
55-7 (2) Notwithstanding other provisions, the commission
55-8 by rule shall establish uniform and consistent requirements for the
55-9 assessment of penalties and interest for late payment of fees owed
55-10 the state under the commission's jurisdiction. Penalties and
55-11 interest established under this section shall not exceed rates
55-12 established for delinquent taxes under Sections 111.060 and
55-13 111.061, Tax Code.
55-14 (b) Except as otherwise provided by law, the fee for filing
55-15 an application or petition is $100 plus the cost of any required
55-16 notice. The fee for a by-pass permit shall be set by the
55-17 commission at a reasonable amount to recover costs, but not less
55-18 than $100.
55-19 (c) The fee for filing a water permit application is $100
55-20 plus the cost of required notice.
55-21 (d) The fee for filing an application for fixing or
55-22 adjusting rates is $100 plus the cost of required notice.
55-23 (e) A person who files with the commission a petition for
55-24 the creation of a water district or addition of sewage and drainage
55-25 powers or a resolution for a water district conversion must pay a
55-26 one-time nonrefundable application fee. The commission by rule may
55-27 establish [set] the application fee in an amount sufficient to
56-1 cover [not to exceed] the costs of reviewing and processing the
56-2 application, plus the cost of required notice. The commission may
56-3 also use the application fee to cover other costs incurred to
56-4 protect water resources in this state reasonably related to the
56-5 activities of any of the persons required to pay a fee under the
56-6 statutes listed in Subsection (p). This fee is the only fee that
56-7 the commission may charge with regard to the processing of an
56-8 application for creation of a water district, addition of sewage or
56-9 drainage powers, or conversion under this code.
56-10 (f) A person who files a bond issue application with the
56-11 commission must pay an application fee set by the commission. The
56-12 commission by rule may set the application fee in an amount not to
56-13 exceed the costs of reviewing and processing the application, plus
56-14 the cost of required notice. If the bonds are approved by the
56-15 commission, the seller shall pay to the commission a percentage of
56-16 the bond proceeds not later than the seventh business day after
56-17 receipt of the bond proceeds. The commission by rule may set the
56-18 percentage of the proceeds in an amount not to exceed 0.25 percent
56-19 of the principal amount of the bonds actually issued. Proceeds of
56-20 the fees shall be used to supplement any other funds available for
56-21 paying expenses of the commission in supervising the various bond
56-22 and construction activities of the districts filing the
56-23 applications.
56-24 (g) The fee for recording an instrument in the office of the
56-25 commission is $1.25 per page.
56-26 (h) The fee for the use of water for irrigation is 50 cents
56-27 per acre to be irrigated.
57-1 (i) The fee for impounding water, except under Section
57-2 11.142 of this code, is 50 cents per acre-foot of storage, based on
57-3 the total holding capacity of the reservoir at normal operating
57-4 level.
57-5 (j) The fee for other uses of water not specifically named
57-6 in this section is $1 per acre-foot, except that no political
57-7 subdivision may be required to pay fees to use water for recharge
57-8 of underground freshwater-bearing sands and aquifers or for
57-9 abatement of natural pollution.
57-10 (k) A fee charged under Subsections (h) through (j) of this
57-11 section for one use of water under a permit from the commission may
57-12 not exceed $50,000. The fee for each additional use of water under
57-13 a permit for which the maximum fee is paid may not exceed $10,000.
57-14 (l) The fees prescribed by Subsections (h) through (j) of
57-15 this section are one-time fees, payable when the application for an
57-16 appropriation is made. However, if the total fee for a permit
57-17 exceeds $1,000, the applicant shall pay one-half of the fee when
57-18 the application is filed and one-half within 180 days after notice
57-19 is mailed to him that the permit is granted. If the applicant does
57-20 not pay all of the amount owed before beginning to use water under
57-21 the permit, the permit is annulled.
57-22 (m) If a permit is annulled, the matter reverts to the
57-23 status of a pending, filed application and, on the payment of use
57-24 fees as provided by Subsections (h) through (l) of this section
57-25 together with sufficient postage fees for mailing notice of
57-26 hearing, the commission shall set the application for hearing and
57-27 proceed as provided by this code.
58-1 (n)(1) Each provider of potable water or sewer utility
58-2 service shall collect a regulatory assessment from each retail
58-3 customer as follows:
58-4 (A) A public utility as defined in Section
58-5 13.002 of this code shall collect from each retail customer a
58-6 regulatory assessment equal to one percent of the charge for retail
58-7 water or sewer service.
58-8 (B) A water supply or sewer service corporation
58-9 as defined in Section 13.002 of this code shall collect from each
58-10 retail customer a regulatory assessment equal to one-half of one
58-11 percent of the charge for retail water or sewer service.
58-12 (C) A district as defined in Section 49.001 of
58-13 this code that provides potable water or sewer utility service to
58-14 retail customers shall collect from each retail customer a
58-15 regulatory assessment equal to one-half of one percent of the
58-16 charge for retail water or sewer service.
58-17 (2) The regulatory assessment may be listed on the
58-18 customer's bill as a separate item and shall be collected in
58-19 addition to other charges for utility services.
58-20 (3) The commission shall use the assessments collected
58-21 under this subsection solely to pay costs and expenses incurred by
58-22 the commission in the regulation of districts, water supply or
58-23 sewer service corporations, and public utilities under Chapter 13,
58-24 Water Code.
58-25 (4) The commission shall annually use a portion of the
58-26 assessments to provide on-site technical assistance and training to
58-27 public utilities, water supply or sewer service corporations, and
59-1 districts. The commission shall contract with others to provide
59-2 the services.
59-3 (5) The commission by rule may establish due dates,
59-4 collection procedures, and penalties for late payment related to
59-5 regulatory assessments under this subsection. The executive
59-6 director shall collect all assessments from the utility service
59-7 providers.
59-8 (6) The commission shall assess a penalty against a
59-9 municipality with a population of more than 1.5 million that does
59-10 not provide municipal water and sewer services in an annexed area
59-11 in accordance with Section 43.0565, Local Government Code. A
59-12 penalty assessed under this paragraph shall be not more than $1,000
59-13 for each day the services are not provided after March 1, 1998, for
59-14 areas annexed before January 1, 1993, or not provided within 4 1/2
59-15 years after the effective date of the annexation for areas annexed
59-16 on or after January 1, 1993. A penalty collected under this
59-17 paragraph shall be deposited to the credit of the water resource
59-18 management account to be used to provide water and sewer service to
59-19 residents of the city.
59-20 (7) The regulatory assessment does not apply to water
59-21 that has not been treated for the purpose of human consumption.
59-22 (o) A fee imposed under Subsection (j) of this section for
59-23 the use of saline tidal water for industrial processes shall be $1
59-24 per acre-foot of water diverted for the industrial process, not to
59-25 exceed a total fee of $5,000.
59-26 (p) Notwithstanding any other law, fees collected for
59-27 deposit to the water resource management account under the
60-1 following statutes may be appropriated and used to protect water
60-2 resources in this state reasonably related to the activities of any
60-3 of the persons required to pay a fee under:
60-4 (1) Subsection (b), to the extent those fees are paid
60-5 by water districts, and Subsections (e), (f), and (n);
60-6 (2) Sections 13.4521 and 13.4522; or
60-7 (3) Section 54.037(c).
60-8 (q) Notwithstanding any other law, fees collected for
60-9 deposit to the water resource management account under the
60-10 following statutes may be appropriated and used to protect water
60-11 resources in this state reasonably related to the activities of any
60-12 of the persons required to pay a fee under:
60-13 (1) Subsections (b) and (c), to the extent those fees
60-14 are collected in connection with water use or water quality
60-15 permits;
60-16 (2) Subsections (h)-(l);
60-17 (3) Section 11.138(g);
60-18 (4) Section 11.145;
60-19 (5) Section 26.0135(h);
60-20 (6) Sections 26.0291, 26.044, and 26.0461;
60-21 (7) Sections 341.041, 366.058, and 366.059, Health and
60-22 Safety Code; or
60-23 (8) Section 372.002(d), Health and Safety Code.
60-24 SECTION 3.03. New Subchapter P, Chapter 5, Water Code, is
60-25 amended by adding Sections 5.702-5.707 to read as follows:
60-26 Sec. 5.702. PAYMENT OF FEES REQUIRED WHEN DUE. (a) A fee
60-27 due the commission under this code or the Health and Safety Code
61-1 shall be paid on the date the fee is due, regardless of whether the
61-2 fee is billed by the commission to the person required to pay the
61-3 fee or is calculated and paid to the commission by the person
61-4 required to pay the fee.
61-5 (b) A person required to pay a fee to the commission may not
61-6 dispute the assessment of or amount of a fee before the fee has
61-7 been paid in full.
61-8 Sec. 5.703. FEE ADJUSTMENTS. (a) The commission may not
61-9 consider adjusting the amount of a fee due the commission under
61-10 this code or the Health and Safety Code:
61-11 (1) before the fee has been paid in full; or
61-12 (2) if the request for adjustment is received after
61-13 the first anniversary of the date on which the fee was paid in
61-14 full.
61-15 (b) A person who pays an amount that exceeds the amount of
61-16 the fee due because the commission incorrectly calculated the fee
61-17 or the person made a duplicate payment may request a refund of the
61-18 excess amount paid before the fourth anniversary of the date on
61-19 which the excess amount was paid.
61-20 (c) A request for a refund or credit in an amount that
61-21 exceeds $5,000 shall be forwarded for approval to the commission
61-22 fee audit staff, together with an explanation of the grounds for
61-23 the requested refund or credit. Approval of a refund or credit
61-24 does not prevent the fee audit staff from conducting a subsequent
61-25 audit of the person for whom the refund or credit was approved.
61-26 Sec. 5.704. NOTICE OF CHANGE IN PAYMENT PROCEDURE. The
61-27 commission shall promptly notify each person required to pay a
62-1 commission fee under this code or the Health and Safety Code of any
62-2 change in fee payment procedures.
62-3 Sec. 5.705. NOTICE OF VIOLATION. (a) The commission may
62-4 issue a notice of violation to a person required to pay a
62-5 commission fee under this code or the Health and Safety Code for
62-6 knowingly violating reporting requirements or knowingly calculating
62-7 the fee in an amount less than the amount actually due.
62-8 (b) The executive director may modify audit findings
62-9 reported by a commission fee auditor only if the executive director
62-10 provides a written explanation showing good cause for the
62-11 modification.
62-12 Sec. 5.706. PENALTIES AND INTEREST ON DELINQUENT FEES. (a)
62-13 Except as otherwise provided by law, the commission may collect,
62-14 for a delinquent fee due the commission under this code or the
62-15 Health and Safety Code:
62-16 (1) a penalty in an amount equal to five percent of
62-17 the amount of the fee due, if the fee is not paid on or before the
62-18 day on which the fee is due; and
62-19 (2) an additional penalty in an amount equal to five
62-20 percent of the amount due, if the fee is not paid on or before the
62-21 30th day after the date on which the fee was due.
62-22 (b) Unless otherwise required by law interest accrues,
62-23 beginning on the 61st day after the date on which the fee was due,
62-24 on the total amount of fee and penalties that have not been paid on
62-25 or before the 61st day after the date on which the fee was due.
62-26 The yearly interest rate is the rate of interest established for
62-27 delinquent taxes under Section 111.060, Tax Code.
63-1 (c) The executive director may modify a penalty or interest
63-2 on a fee and penalties authorized by this section if the executive
63-3 director provides a written explanation showing good cause for the
63-4 modification.
63-5 (d) Penalties and interest collected by the commission under
63-6 this section or under other law, unless that law otherwise
63-7 provides, shall be deposited to the credit of the fund or account
63-8 to which the fee is required to be deposited.
63-9 Sec. 5.707. TRANSFERABILITY OF APPROPRIATIONS AND FUNDS
63-10 DERIVED FROM FEES. Notwithstanding any law that provides specific
63-11 purposes for which a fund, account, or revenue source may be used
63-12 and expended by the commission and that restricts the use of
63-13 revenues and balances by the commission, the commission may
63-14 transfer a percentage of appropriations from one appropriation item
63-15 to another appropriation item consistent with the General
63-16 Appropriations Act for any biennium authorizing the commission to
63-17 transfer a percentage of appropriations from one appropriation item
63-18 to another appropriation item. The use of funds in dedicated
63-19 accounts under this section for purposes in addition to those
63-20 provided by statutes restricting their use may not exceed seven
63-21 percent or $20 million, whichever is less, of appropriations to the
63-22 commission in the General Appropriations Act for any biennium. A
63-23 transfer of $500,000 or more from one appropriation item to another
63-24 appropriation item under this section must be approved by the
63-25 commission at an open meeting subject to Chapter 551, Government
63-26 Code.
63-27 SECTION 3.04. Section 26.0291, Water Code, is amended to read
64-1 as follows:
64-2 Sec. 26.0291. WATER QUALITY [WASTE TREATMENT INSPECTION]
64-3 FEE. (a) An annual water quality [waste treatment inspection] fee
64-4 is imposed on:
64-5 (1) each wastewater [permittee for each waste]
64-6 discharge permit holder for each wastewater discharge permit held;
64-7 and
64-8 (2) each user of water in proportion to the user's
64-9 water right, through permit or contract, as reflected in the
64-10 commission's records [by the permittee].
64-11 (b) The fee is to supplement any other funds available to
64-12 pay expenses of the commission related to:
64-13 (1) [in] inspecting waste treatment facilities; and
64-14 (2) enforcing the laws of the state and the rules of
64-15 the commission governing:
64-16 (A) waste discharge and waste treatment
64-17 facilities, including any expenses [of the commission] necessary
64-18 [to obtain from the federal government delegation of and] to
64-19 administer the national pollutant discharge elimination system
64-20 (NPDES) program;
64-21 (B) the water resources of this state, including
64-22 the water quality management programs under Section 26.0135; and
64-23 (C) any other water resource management programs
64-24 reasonably related to the activities of the persons required to pay
64-25 a fee under this section.
64-26 (c) The fee for each year is imposed on each permit or water
64-27 right in effect during any part of the year. The commission may
65-1 establish reduced fees for inactive permits.
65-2 (d) Irrigation water rights are not subject to a fee under
65-3 this section.
65-4 (e) [(b)] The commission by rule shall adopt a fee schedule
65-5 for determining the amount of the fee to be charged. The amount of
65-6 the fee may not exceed $75,000 [$25,000] for each [waste discharge]
65-7 permit or contract [held by a permittee]. The maximum annual fee
65-8 under this section for a wastewater discharge or waste treatment
65-9 facility that holds a water right for the use of water by the
65-10 facility may not exceed $75,000. In determining the amount of a
65-11 fee under this section, the commission may consider:
65-12 (1) waste discharge permitting factors such as flow
65-13 volume, toxic pollutant potential, level of traditional pollutant,
65-14 and heat load;
65-15 (2) [. The commission may consider] the designated
65-16 uses and segment ranking classification of the water affected by
65-17 discharges from the permitted facility;
65-18 (3) [. Finally, the commission also may consider] the
65-19 expenses necessary to obtain and administer the NPDES program;
65-20 (4) the reasonable costs of administering the water
65-21 quality management programs under Section 26.0135; and
65-22 (5) any other reasonable costs necessary to administer
65-23 and enforce a water resource management program reasonably related
65-24 to the activities of the persons required to pay a fee under this
65-25 section. [The commission shall not adopt any rule designed to
65-26 increase the fee imposed under this section on a treatment works
65-27 owned by a local government, as those terms are defined in Section
66-1 26.001 of this code, before August 31, 1999.]
66-2 (f) [(c)] The fees collected under this section shall be
66-3 deposited to the credit of the water resource management account,
66-4 an account in the general revenue fund.
66-5 (g) [(d)] The commission may adopt rules necessary to
66-6 administer this section.
66-7 (h) [(e)] A fee collected under this section is in addition
66-8 to any other fee that may be charged under this chapter.
66-9 SECTION 3.05. Section 26.0135(h), Water Code, is amended to
66-10 read as follows:
66-11 (h) The commission shall apportion, assess, and recover the
66-12 reasonable costs of administering the water quality management
66-13 programs under this section [from users of water and wastewater
66-14 permit holders in the watershed according to the records of the
66-15 commission generally in proportion to their right, through permit
66-16 or contract, to use water from and discharge wastewater in the
66-17 watershed. Irrigation water rights will not be subject to this
66-18 assessment]. The cost to river authorities and others to conduct
66-19 water quality monitoring and assessment shall be subject to prior
66-20 review and approval by the commission as to methods of allocation
66-21 and total amount to be recovered. The commission shall adopt rules
66-22 to supervise and implement the water quality monitoring,
66-23 assessment, and associated costs. The rules shall ensure that
66-24 water users and wastewater dischargers do not pay excessive
66-25 amounts, [that program funds are equitably apportioned among
66-26 basins,] that a river authority may recover no more than the actual
66-27 costs of administering the water quality management programs called
67-1 for in this section, and that no municipality shall be assessed the
67-2 cost for any efforts under this section that duplicate water
67-3 quality management activities described in Section 26.177 of this
67-4 chapter. [The rules concerning the apportionment and assessment of
67-5 reasonable costs shall provide for a recovery of not more than
67-6 $5,000,000 annually. Costs recovered by the commission are to be
67-7 deposited to the credit of the water resource management account
67-8 and may be used only to accomplish the purposes of this section.
67-9 The commission may apply not more than 10 percent of the costs
67-10 recovered annually toward the commission's overhead costs for the
67-11 administration of this section and the implementation of regional
67-12 water quality assessments. The commission, with the assistance and
67-13 input of each river authority, shall file a written report
67-14 accounting for the costs recovered under this section with the
67-15 governor, the lieutenant governor, and the speaker of the house of
67-16 representatives on or before December 1 of each even-numbered
67-17 year.]
67-18 SECTION 3.06. Section 26.0135(j), Water Code, is repealed.
67-19 SECTION 3.07. Section 341.041(a), Health and Safety Code, is
67-20 amended to read as follows:
67-21 (a) The commission by rule may charge fees to a person who
67-22 owns, operates, or maintains a public drinking water supply system
67-23 [to recover the costs of public drinking water supply system
67-24 programs or services authorized by this subchapter or performed
67-25 pursuant to the requirements of the federal Safe Drinking Water Act
67-26 (42 U.S.C. Section 300f et seq.)]. The commission may establish a
67-27 schedule of fees. The amount of the fees must be sufficient to
68-1 cover [may not exceed] the reasonable costs of administering the
68-2 programs and services in this subchapter or the federal Safe
68-3 Drinking Water Act (42 U.S.C. Section 300f et seq.). Among other
68-4 factors, the commission shall consider equity among persons
68-5 required to pay the fees as a factor in determining the amount of
68-6 the fees. The commission may also use the fees to cover any other
68-7 costs incurred to protect water resources in this state reasonably
68-8 related to the activities of any of the persons required to pay a
68-9 fee under the statutes listed in Section 5.701(q), Water Code.
68-10 SECTION 3.08. Section 366.058(a), Health and Safety Code, is
68-11 amended to read as follows:
68-12 (a) The commission by rule shall establish and collect a
68-13 reasonable permit fee to cover the cost of issuing permits under
68-14 this chapter and administering the permitting system. The
68-15 commission may also use the fee to cover any other costs incurred
68-16 to protect water resources in this state reasonably related to the
68-17 activities of any of the persons required to pay a fee under the
68-18 statutes listed in Section 5.701(q), Water Code.
68-19 SECTION 3.09. Section 366.059(b), Health and Safety Code, is
68-20 amended to read as follows:
68-21 (b) The commission may assess a charge-back fee to a local
68-22 governmental entity for which the commission issues permits for
68-23 administrative costs relating to the permitting function [that are
68-24 not covered by the permit fees collected]. The commission may also
68-25 use the fee to cover other costs incurred to protect water
68-26 resources in this state reasonably related to the activities of any
68-27 of the persons required to pay a fee under the statutes listed in
69-1 Section 5.701(q), Water Code.
69-2 SECTION 3.10. Section 13.187(a), Water Code, is amended to
69-3 read as follows:
69-4 (a) A utility may not make changes in its rates except by
69-5 delivering a statement of intent to each ratepayer and with the
69-6 regulatory authority having original jurisdiction at least 90 [30]
69-7 days before the effective date of the proposed change. The
69-8 effective date of the new rates must be the first day of a billing
69-9 period, and the new rates may not apply to service received before
69-10 the effective date of the new rates. The statement of intent must
69-11 include the information required by the regulatory authority's
69-12 rules. A copy of the statement of intent shall be mailed or
69-13 delivered to the appropriate offices of each affected municipality,
69-14 and to any other affected persons as required by the regulatory
69-15 authority's rules. When the statement of intent is delivered, the
69-16 utility shall file with the regulatory authority an application to
69-17 change rates. The application must include information the
69-18 regulatory authority requires by rule. If the utility fails to
69-19 provide within a reasonable time after the application is filed the
69-20 necessary documentation or other evidence that supports the costs
69-21 and expenses that are shown in the application, the regulatory
69-22 authority may disallow the nonsupported expenses. If the
69-23 application or the statement of intent is not substantially
69-24 complete or does not comply with the regulatory authority's rules,
69-25 it may be rejected and the effective date of the rate change may be
69-26 suspended until a properly completed application is accepted by the
69-27 regulatory authority and a proper statement of intent is provided.
70-1 The commission may also suspend the effective date of any rate
70-2 change if the utility does not have a certificate of public
70-3 convenience and necessity or a completed application for a
70-4 certificate or to transfer a certificate pending before the
70-5 commission or if the utility is delinquent in paying the assessment
70-6 and any applicable penalties or interest required by Section
70-7 5.701(n) [5.235(n)] of this code.
70-8 ARTICLE 4. PERFORMANCE-BASED REGULATION
70-9 SECTION 4.01. Chapter 5, Water Code, is amended by adding
70-10 Subchapter Q to read as follows:
70-11 SUBCHAPTER Q. PERFORMANCE-BASED REGULATION
70-12 Sec. 5.751. DEFINITIONS. In this subchapter:
70-13 (1) "Flexible permitting" means the issuance of a
70-14 flexible permit that allows for physical or operational changes as
70-15 provided by commission rule.
70-16 (2) "Innovative regulatory program" includes a program
70-17 required by statute or developed by commission rule.
70-18 (3) "Permit" includes a license, certificate,
70-19 registration, approval, or other form of authorization issued by
70-20 the commission under this code or the Health and Safety Code.
70-21 Sec. 5.752. REGULATORY TIERS AND PERFORMANCE INCENTIVES. (a)
70-22 In this section, "environmental regulations" include:
70-23 (1) federal and state laws that regulate environmental
70-24 matters;
70-25 (2) rules adopted or orders issued under federal or
70-26 state law; and
70-27 (3) terms of a permit or other authorization issued by
71-1 the commission or another agency with environmental regulatory
71-2 authority.
71-3 (b) The commission shall develop a strategically directed
71-4 regulatory structure based on incentives and compliance
71-5 performance. To implement this regulatory structure, the
71-6 commission by rule shall establish regulatory tiers and performance
71-7 incentives in which relative levels of compliance with
71-8 environmental regulations are used to determine eligibility for
71-9 participation in innovative regulatory programs.
71-10 (c) The rules must define the regulatory tiers in a manner
71-11 adequate to distinguish among:
71-12 (1) poor performers, or regulated entities with a
71-13 continual or pervasive disregard of environmental regulations;
71-14 (2) average performers, or regulated entities that
71-15 generally comply with environmental regulations; and
71-16 (3) high performers, or regulated entities that have
71-17 an above-average compliance record and in addition voluntarily
71-18 implement environmentally sound practices beyond those required by
71-19 environmental regulations.
71-20 (d) The rules must prescribe the programs and incentives
71-21 available to regulated entities within each regulatory tier and
71-22 must be revised as necessary to include new programs or incentives
71-23 as they are developed.
71-24 (e) The commission shall determine a regulated entity's
71-25 compliance history, for purposes of eligibility to participate in
71-26 an innovative regulatory program or incentive, according to the
71-27 method developed under Section 5.754.
72-1 Sec. 5.753. COORDINATION OF INNOVATIVE REGULATORY PROGRAMS
72-2 AND INCENTIVES. (a) The commission shall designate a single point
72-3 of contact within the agency to coordinate all innovative
72-4 regulatory programs and incentives.
72-5 (b) The designated coordinator shall:
72-6 (1) inventory, coordinate, market, and evaluate all
72-7 innovative regulatory programs and incentives;
72-8 (2) provide information and technical assistance to
72-9 regulated entities participating in or interested in participating
72-10 in those programs and incentives; and
72-11 (3) work with the pollution prevention advisory
72-12 committee to assist the commission in integrating the concepts of
72-13 regulatory innovation and incentive- and performance-based
72-14 regulation into its daily operations, including:
72-15 (A) program administration;
72-16 (B) strategic planning; and
72-17 (C) staff training.
72-18 Sec. 5.754. COMPONENTS OF AND STANDARDS FOR EVALUATING
72-19 COMPLIANCE HISTORY. (a) The commission by rule shall develop a
72-20 single set of components of and standards for evaluating the
72-21 compliance history of an applicant or permit holder and shall
72-22 consistently apply those components and standards in evaluating
72-23 compliance history in all permitting and enforcement matters under
72-24 the commission's jurisdiction.
72-25 (b) In developing the components and standards required by
72-26 Subsection (a), the commission:
72-27 (1) shall include, among other factors to be
73-1 considered:
73-2 (A) notices of violations and enforcement
73-3 actions, enforcement orders, orders issued under Section 7.070,
73-4 court judgments, and criminal convictions of this state and the
73-5 federal government relating to compliance with an environmental
73-6 law, regulation, permit, order, consent decree, or other regulation
73-7 within the jurisdiction of the commission or the United States
73-8 Environmental Protection Agency;
73-9 (B) a determination of whether a violation is
73-10 significant or minor, according to commission rules;
73-11 (C) the period to be considered when determining
73-12 a regulated entity's compliance history; and
73-13 (D) enforcement orders, court judgments, and
73-14 criminal convictions under environmental laws in other states, to
73-15 the extent readily available to the commission; and
73-16 (2) shall specify that a repeat violator is an entity
73-17 that has more than one violation of the same or similar type within
73-18 the period established by the commission under Subdivision (1)(C).
73-19 (c) The commission shall consider changes in ownership when
73-20 tracking the compliance history of a regulated entity.
73-21 Sec. 5.755. REPORTS. (a) The commission shall collect data
73-22 on the results of inspections conducted by the commission.
73-23 (b) The commission shall collect data on and make available
73-24 to the public on the Internet:
73-25 (1) the number and percentage of all violations
73-26 committed by repeat offenders;
73-27 (2) the number and percentage of enforcement orders
74-1 issued by the commission that are issued to entities that have been
74-2 the subject of a previous enforcement order; and
74-3 (3) whether the violations are significant or minor,
74-4 as defined by commission rule.
74-5 (c) The commission annually shall prepare a comparative
74-6 analysis of data evaluating the performance, over time, of the
74-7 commission and of entities regulated by the commission.
74-8 (d) The commission must include in the annual enforcement
74-9 report required by Section 5.123, as added by Chapters 304 and
74-10 1082, Acts of the 75th Legislature, Regular Session, 1997, the
74-11 comparative performance analysis required by Subsection (b),
74-12 organized by region and by regulated medium.
74-13 Sec. 5.756. PERFORMANCE ASSESSMENT FOR PROGRAM ELIGIBILITY.
74-14 (a) The commission by rule shall develop a method of performance
74-15 assessment that differentiates persons regulated by the commission
74-16 according to their compliance histories.
74-17 (b) The commission shall use the method of performance
74-18 assessment developed under Subsection (a) in conjunction with the
74-19 regulatory structure developed under Section 5.752 to determine
74-20 eligibility for participation in incentive-based programs and other
74-21 innovative regulatory programs developed by the commission.
74-22 (c) The commission by rule shall establish methods of
74-23 assessing the performance of regulated entities not routinely
74-24 inspected for compliance. The methods may include requiring a
74-25 compliance inspection to determine an entity's eligibility for
74-26 participation in a program or incentive that requires an
74-27 above-average degree of compliance.
75-1 (d) Commission rules shall provide that a regulated person
75-2 with a compliance history that is unacceptable under this section
75-3 and Section 5.752 is not eligible to participate in innovative
75-4 regulatory programs or incentives.
75-5 Sec. 5.757. PERFORMANCE ASSESSMENT FOR PERMITTING AND
75-6 ENFORCEMENT DECISIONS. (a) The commission by rule shall develop
75-7 criteria and procedures for the use of compliance history in
75-8 commission decisions regarding:
75-9 (1) the issuance, renewal, or denial of a permit or
75-10 other authorization issued by the commission; and
75-11 (2) enforcement matters under the commission's
75-12 jurisdiction.
75-13 (b) The criteria and procedures shall:
75-14 (1) specify the circumstances in which the commission
75-15 shall revoke the permit of a repeat violator; and
75-16 (2) establish enhanced administrative penalties for
75-17 repeat violators.
75-18 Sec. 5.758. ANNOUNCED INSPECTIONS. (a) The commission may
75-19 not announce an inspection of a facility owned or operated by a
75-20 person regulated by the commission unless the person has
75-21 established a high performance compliance history that qualifies
75-22 the person for announced inspections under the procedures and
75-23 standards developed under Sections 5.752 and 5.756.
75-24 (b) The commission shall track whether inspections are
75-25 announced or unannounced and shall include the information in the
75-26 report required by Section 5.123, as added by Chapters 304 and
75-27 1082, Acts of the 75th Legislature, Regular Session, 1997.
76-1 Sec. 5.759. ELIGIBILITY FOR FLEXIBLE PERMITTING. A regulated
76-2 entity is not eligible for flexible permitting unless the entity
76-3 has established a better than average compliance history in
76-4 comparison with entities operating under an ordinary permit.
76-5 SECTION 4.02. Section 5.123, Water Code, as added by Chapter
76-6 1203, Acts of the 75th Legislature, Regular Session, 1997, is
76-7 transferred to new Subchapter Q, Chapter 5, Water Code,
76-8 redesignated as Section 5.760, and amended to read as follows:
76-9 Sec. 5.760 [5.123]. REGULATORY FLEXIBILITY. (a) The
76-10 commission by order may exempt an applicant from a requirement of a
76-11 statute or commission rule regarding the control or abatement of
76-12 pollution if the applicant proposes to control or abate pollution
76-13 by an alternative method or by applying an alternative standard
76-14 that is:
76-15 (1) more [at least as] protective of the environment
76-16 and the public health than [as] the method or standard prescribed
76-17 by the statute or commission rule that would otherwise apply; and
76-18 (2) not inconsistent with federal law.
76-19 (b) The commission may not exempt an applicant under this
76-20 section unless the applicant can present to the commission
76-21 documented evidence of benefits to environmental quality that will
76-22 result from the project the applicant proposes.
76-23 (c) The commission by rule shall specify the procedure for
76-24 obtaining an exemption under this section. The rules must provide
76-25 for public notice and for public participation in a proceeding
76-26 involving an application for an exemption under this section.
76-27 (d) [(c)] The commission's order must provide a specific
77-1 description of the alternative method or standard and condition the
77-2 exemption on compliance with the method or standard as the order
77-3 prescribes.
77-4 (e) [(d)] The commission by rule may establish a reasonable
77-5 fee for applying for an exemption under this section.
77-6 (f) [(e)] A violation of an order issued under this section
77-7 is punishable as if it were a violation of the statute or rule from
77-8 which the order grants an exemption.
77-9 [(f) A permit may satisfy a requirement to demonstrate need
77-10 by showing need on a regional basis considering economic impacts.]
77-11 (g) This section does not authorize exemptions to statutes
77-12 or regulations for storing, handling, processing, or disposing of
77-13 low-level radioactive materials.
77-14 (h) In implementing the program of regulatory flexibility
77-15 authorized by this section, the commission shall:
77-16 (1) market the program to businesses in the state
77-17 through all available appropriate media;
77-18 (2) endorse alternative methods that will clearly
77-19 benefit the environment and impose the least onerous restrictions
77-20 on business;
77-21 (3) fix and enforce environmental standards, allowing
77-22 businesses flexibility in meeting the standards in a manner that
77-23 clearly enhances environmental outcomes; and
77-24 (4) work to achieve consistent and predictable results
77-25 for the regulated community and shorter waits for permit issuance.
77-26 SECTION 4.03. Section 7.067(a), Water Code, is amended to
77-27 read as follows:
78-1 (a) The commission may compromise, modify, or remit, with or
78-2 without conditions, an administrative penalty imposed under this
78-3 subchapter. In determining the appropriate amount of a penalty for
78-4 settlement of an administrative enforcement matter, the commission
78-5 may consider a respondent's willingness to contribute to
78-6 supplemental environmental projects that are approved by the
78-7 commission, giving preference to projects that benefit the
78-8 community in which the alleged violation occurred. The commission
78-9 may approve a supplemental environmental project with activities in
78-10 territory of the United Mexican States if the project substantially
78-11 benefits territory in this state in a manner described by
78-12 Subsection (b). The commission may not approve a project that is
78-13 necessary to bring a respondent into compliance with environmental
78-14 laws, [or] that is necessary to remediate environmental harm caused
78-15 by the respondent's alleged violation, or that the respondent has
78-16 already agreed to perform under a preexisting agreement with a
78-17 governmental agency.
78-18 SECTION 4.04. Section 361.0215, Health and Safety Code, is
78-19 amended to read as follows:
78-20 Sec. 361.0215. POLLUTION PREVENTION [WASTE REDUCTION]
78-21 ADVISORY COMMITTEE. (a) The pollution prevention [waste reduction]
78-22 advisory committee is composed of nine members with a balanced
78-23 representation of environmental and public interest groups and the
78-24 regulated community.
78-25 (b) The committee shall advise the commission and
78-26 interagency coordination council on:
78-27 (1) the appropriate organization of state agencies and
79-1 the financial and technical resources required to aid the state in
79-2 its efforts to promote waste reduction and minimization;
79-3 (2) the development of public awareness programs to
79-4 educate citizens about hazardous waste and the appropriate disposal
79-5 of hazardous waste and hazardous materials that are used and
79-6 collected by households;
79-7 (3) the provision of technical assistance to local
79-8 governments for the development of waste management strategies
79-9 designed to assist small quantity generators of hazardous waste;
79-10 and
79-11 (4) other possible programs to more effectively
79-12 implement the state's hierarchy of preferred waste management
79-13 technologies as set forth in Section 361.023(a).
79-14 (c) The committee shall advise the commission on the
79-15 creation and implementation of an incentive- and performance-based
79-16 structure for the regulation of air and water quality and solid
79-17 waste management as set out in Section 5.752, Water Code.
79-18 (d) The committee shall report quarterly to the commission
79-19 on its activities, including suggestions or proposals for future
79-20 activities and other matters the committee considers important.
79-21 SECTION 4.05. Section 361.088, Health and Safety Code, is
79-22 amended by adding Subsection (g) to read as follows:
79-23 (g) The commission shall review a permit issued under this
79-24 chapter every five to seven years to assess the license holder's
79-25 compliance history.
79-26 SECTION 4.06. (a) Subchapter B, Chapter 382, Health and
79-27 Safety Code, is amended by adding Sections 382.0215 and 382.0216 to
80-1 read as follows:
80-2 Sec. 382.0215. ASSESSMENT OF EMISSIONS DUE TO EMISSIONS
80-3 EVENTS. (a) In this chapter, "emissions event" includes an upset,
80-4 maintenance, startup, or shutdown activity that results in the
80-5 unauthorized emissions of air contaminants.
80-6 (b) The commission shall require the owner or operator of a
80-7 facility that experiences emissions events:
80-8 (1) to maintain a record of all emissions events at
80-9 the facility in the manner and for the periods prescribed by
80-10 commission rule;
80-11 (2) to notify the commission, as soon as practicable
80-12 but not later than 24 hours after discovery of the emissions event,
80-13 of an emissions event resulting in the emission of a reportable
80-14 quantity of air contaminants as determined by commission rule; and
80-15 (3) to report to the commission, not later than two
80-16 weeks after the occurrence of an emissions event that results in
80-17 the emission of a reportable quantity of air contaminants as
80-18 determined by commission rule, all information necessary to
80-19 evaluate the emissions event, including:
80-20 (A) the name of the owner or operator of the
80-21 reporting facility;
80-22 (B) the location of the reporting facility;
80-23 (C) the date and time the emissions began;
80-24 (D) the duration of the emissions;
80-25 (E) the nature and quantity of air contaminants
80-26 emitted, including the method of calculation of, or other basis for
80-27 determining, the quantity of air contaminants emitted;
81-1 (F) the processes and equipment involved in the
81-2 emissions event;
81-3 (G) the cause of the emissions; and
81-4 (H) any additional information necessary to
81-5 evaluate the emissions event.
81-6 (c) The owner or operator of a facility required by Section
81-7 382.014 to submit an annual emissions inventory report must include
81-8 as part of the inventory:
81-9 (1) an itemized list of each emissions event at the
81-10 facility, including the quantity of air contaminants emitted; or
81-11 (2) if no emissions event occurred at the facility, a
81-12 statement to that effect.
81-13 (d) The commission shall centrally track emissions events
81-14 and collect information relating to:
81-15 (1) inspections or enforcement actions taken by the
81-16 commission in response to emissions events; and
81-17 (2) the number of emissions events occurring in each
81-18 commission region and the quantity of emissions from each emissions
81-19 event.
81-20 (e) The commission shall develop the capacity for electronic
81-21 reporting and shall incorporate reportable emissions events into a
81-22 permanent centralized database for emissions events. The database
81-23 shall be accessible to the public.
81-24 (f) The commission annually shall assess the information
81-25 received under this section, including actions taken by the
81-26 commission in response to the report required by Section 5.123,
81-27 Water Code, as added by Chapters 304 and 1082, Acts of the 75th
82-1 Legislature, Regular Session, 1997.
82-2 Sec. 382.0216. REGULATION OF EMISSIONS EVENTS. (a) Except
82-3 as provided by Subsection (d), the commission shall require the
82-4 owner or operator of a facility to take action to reduce emissions
82-5 from emissions events required to be reported under Section
82-6 382.0215(b)(3). The commission shall require an owner or operator
82-7 of a facility that has a reportable emissions event to file with
82-8 the commission a corrective action plan to reduce emissions from
82-9 emissions events.
82-10 (b) A corrective action plan filed under Subsection (a) must
82-11 identify the cause or causes of each emissions event, specify the
82-12 control devices or other measures that will prevent or minimize
82-13 similar emissions events in the future, and specify a time within
82-14 which implementation of the corrective action plan will be
82-15 completed. A corrective action plan must be approved by the
82-16 commission. If the commission has not disapproved of a proposed
82-17 corrective action plan before the 45th day after the date the
82-18 commission receives the proposed plan, the plan is approved and the
82-19 owner or operator of the facility must implement the plan. The
82-20 commission shall emphasize reviewing for approval or disapproval
82-21 proposed corrective action plans for emissions events that present
82-22 the greatest concern to the public health or safety considering the
82-23 factors provided by Section 382.0215(b)(3)(E). An approved
82-24 corrective action plan shall be made available to the public except
82-25 to the extent information in the plan is confidential information
82-26 protected under Chapter 552, Government Code. The commission shall
82-27 establish reasonable schedules for the implementation of corrective
83-1 action plans and procedures for revision of a corrective action
83-2 plan if the commission finds the plan, after implementation begins,
83-3 to be inadequate to meet the goal of preventing or minimizing
83-4 emissions and emissions events.
83-5 (c) An owner or operator of a facility for which a report is
83-6 required under Section 382.0215(b)(3) may file a corrective action
83-7 plan with that report.
83-8 (d) The commission by rule may establish criteria under
83-9 which the owner or operator of a facility having an emissions event
83-10 is not required to submit under Subsection (a) a corrective action
83-11 plan. In establishing rules under this subsection, the commission
83-12 at a minimum must require consideration of the frequency and
83-13 duration of the emissions event, the cause of the emissions event,
83-14 the quantity and toxicity of the emissions resulting from the
83-15 emissions event, and the impact of the emissions event on the local
83-16 area's air quality. The rules may not exclude from the requirement
83-17 to submit a corrective action plan emissions that result from
83-18 routine startup and shutdown, routine maintenance procedures, or
83-19 upsets resulting from the lack of preventive maintenance or from
83-20 operator error, or emissions that are a part of a recurring pattern
83-21 of emissions events indicative of inadequate design, operation, or
83-22 maintenance.
83-23 (e) An owner or operator of a facility that has an emissions
83-24 event is presumed to be required to submit a corrective action plan
83-25 as provided by Subsection (a) unless the owner or operator
83-26 demonstrates to the commission that, in accordance with rules
83-27 adopted under Subsection (d), the plan is not required. This
84-1 section does not limit the commission's authority to take
84-2 enforcement action or the authority or right of any person to seek
84-3 injunctive relief in relation to any emissions event.
84-4 (f) A person may not claim a defense to a commission
84-5 enforcement action under Chapter 7, Water Code, if the person
84-6 failed to take corrective action under a corrective action plan
84-7 approved by the commission within the time prescribed by the
84-8 commission and an emissions event recurs.
84-9 (g) The commission may require the owner or operator of a
84-10 facility that has emissions events that are sufficiently
84-11 quantifiable, frequent, and predictable, to obtain a permit, permit
84-12 amendment, or other authorization that includes those emissions.
84-13 (b) The Texas Natural Resource Conservation Commission shall
84-14 implement all technical and equipment changes necessary for
84-15 compliance with Sections 382.0215(d) and (e), Health and Safety
84-16 Code, as added by this Act, not later than January 1, 2003. After
84-17 implementation of the necessary technical and equipment changes,
84-18 the Texas Natural Resource Conservation Commission by rule shall
84-19 require electronic reporting of reportable emissions events to the
84-20 centralized database.
84-21 SECTION 4.07. Sections 382.051(a) and (b), Health and Safety
84-22 Code, are amended to read as follows:
84-23 (a) The commission may issue a permit:
84-24 (1) to construct a new facility or modify an existing
84-25 facility that may emit air contaminants;
84-26 (2) to operate a [an] facility described by Section
84-27 382.0518(g) [under a voluntary emissions reduction permit]; or
85-1 (3) to operate a federal source.
85-2 (b) To assist in fulfilling its authorization provided by
85-3 Subsection (a), the commission may issue:
85-4 (1) special permits for certain facilities;
85-5 (2) a general permit for numerous similar sources
85-6 subject to Section 382.054;
85-7 (3) a standard permit for similar facilities;
85-8 (4) a permit by rule for types of facilities that will
85-9 not significantly contribute air contaminants to the atmosphere;
85-10 (5) a single federal operating permit or
85-11 preconstruction permit for multiple federal sources or facilities
85-12 located at the same site;
85-13 (6) a multiple plant permit for existing facilities at
85-14 multiple locations subject to Section 382.0518 or 382.0519; [or]
85-15 (7) an existing facility permit or existing facility
85-16 flexible permit under Section 382.05183;
85-17 (8) a small business stationary source permit under
85-18 Section 382.05184;
85-19 (9) an electric generating facility permit under
85-20 Section 382.05185 and Section 39.264, Utilities Code;
85-21 (10) an authorization under Section 382.05186; or
85-22 (11) other permits as necessary.
85-23 SECTION 4.08. Subchapter C, Chapter 382, Health and Safety
85-24 Code, is amended by adding Sections 382.05181-382.05186 to read as
85-25 follows:
85-26 Sec. 382.05181. PERMIT REQUIRED. (a) Any facility described
85-27 by Section 382.0518(g) that does not have an application pending
86-1 for a permit or other authorization under this chapter, other than
86-2 a permit required under Section 382.054, and that has not submitted
86-3 a notice of shutdown under Section 382.05182, may not emit air
86-4 contaminants on or after:
86-5 (1) September 1, 2003, if the facility is located in
86-6 an area designated as nonattainment for a national ambient air
86-7 quality standard as of September 1, 2001; or
86-8 (2) September 1, 2005, if the facility is located in
86-9 an area other than a nonattainment area as of September 1, 2001.
86-10 (b) Any facility described by Section 382.0518(g) that does
86-11 not have a permit or other authorization under this chapter, other
86-12 than a permit required under Section 382.054, may not emit air
86-13 contaminants on or after:
86-14 (1) September 1, 2005, if the facility is located in
86-15 an area designated as nonattainment for a national ambient air
86-16 quality standard as of September 1, 2001; or
86-17 (2) September 1, 2007, if the facility is located in
86-18 an area other than a nonattainment area as of September 1, 2001.
86-19 (c) Facilities eligible for a permit under Section 382.05184
86-20 are not subject to this section.
86-21 Sec. 382.05182. NOTICE OF SHUTDOWN. (a) Any notice
86-22 submitted in compliance with this section must be filed with the
86-23 commission by the dates in Section 382.05181(a).
86-24 (b) A notice under this section shall include:
86-25 (1) the date the facility intends to cease operating;
86-26 (2) an inventory of the type and amount of emissions
86-27 that will be eliminated when the facility ceases to operate; and
87-1 (3) any other necessary and relevant information the
87-2 commission by rule deems appropriate.
87-3 Sec. 382.05183. EXISTING FACILITY PERMIT. (a) The owner or
87-4 operator of a facility described by Section 382.0518(g) may apply
87-5 for a permit to operate the facility under this section.
87-6 (b) The commission shall grant a permit under this section
87-7 if, from the information available to the commission, including
87-8 information presented at any public hearing or through written
87-9 comment, the commission finds that the application demonstrates
87-10 compliance with:
87-11 (1) Section 382.003(9)(E)(ii) if the permit
87-12 application is filed before September 1, 2002; or
87-13 (2) Section 382.0518(b) if the permit application is
87-14 filed:
87-15 (A) before September 1, 2003, if the facility is
87-16 located in an area designated as nonattainment for national ambient
87-17 air quality standards as of September 1, 2001; and
87-18 (B) before September 1, 2005, if the facility is
87-19 located in an area other than a nonattainment area as of September
87-20 1, 2001.
87-21 (c) The commission may issue an existing facility flexible
87-22 permit for some or all of the facilities at a site described by
87-23 Section 382.0518(g) and facilities permitted under Section 382.0519
87-24 in order to implement the requirements of this section. Permits
87-25 issued under this subsection shall follow the same permit issuance,
87-26 modification, and renewal procedures as existing facility permits.
87-27 (d) If the commission finds that the emissions from the
88-1 facility will contravene the standards under Subsection (b) or the
88-2 intent of this chapter, including protection of the public's health
88-3 and physical property, the commission may not grant the permit
88-4 under this section.
88-5 (e) A person planning the modification of a facility
88-6 previously permitted under this section must comply with Section
88-7 382.0518 before modifying.
88-8 (f) The commission may adopt rules as necessary to implement
88-9 and administer this section.
88-10 (g) A permit application under this section is subject to
88-11 notice and hearing requirements as provided by Section 382.05191.
88-12 (h) If an applicant omits any relevant facts or submits
88-13 incorrect information in an application, the applicant shall submit
88-14 the relevant facts or correct the information no later than 60 days
88-15 after discovering the error. If while processing the application,
88-16 the commission determines that additional information is necessary
88-17 to evaluate or to take final action on the application, the
88-18 commission may request the information and set a reasonable
88-19 deadline for a response. Failure to comply with the deadline for
88-20 the response will result in the application being returned to the
88-21 applicant.
88-22 Sec. 382.05184. SMALL BUSINESS STATIONARY SOURCE PERMIT. (a)
88-23 Facilities described by Section 382.0518(g) that are located at a
88-24 small business stationary source, as defined by Section
88-25 382.0365(h)(2), and are not required by commission rule to report
88-26 to the commission under Section 382.014 may apply for a permit
88-27 under this section before September 1, 2005.
89-1 (b) Facilities described by Section 382.0518(g) that are
89-2 located at a small business stationary source that does not have an
89-3 application pending for a permit or other authorization under this
89-4 chapter, other than a permit required under Section 382.054, and
89-5 that has not submitted a notice of shutdown under Section
89-6 382.05182, may not emit air contaminants on or after September 1,
89-7 2007.
89-8 (c) The commission shall grant a permit under this section
89-9 if, from the information available to the commission, including
89-10 information presented at any public hearing or through written
89-11 comment, the commission finds that there is no indication that the
89-12 emissions from the facility will contravene the intent of this
89-13 chapter, including protection of the public's health and physical
89-14 property.
89-15 (d) If the commission finds that the emissions from the
89-16 facility will not comply with Subsection (c), the commission may
89-17 not grant the permit under this section.
89-18 (e) A person planning the modification of a facility
89-19 previously permitted under this section must comply with Section
89-20 382.0518 before modifying.
89-21 (f) The commission may adopt rules as necessary to implement
89-22 and administer this section.
89-23 (g) If an applicant omits any relevant facts or submits
89-24 incorrect information in an application, the applicant shall submit
89-25 the relevant facts or correct the information no later than 60 days
89-26 after discovering the error. If while processing the application,
89-27 the commission determines that additional information is necessary
90-1 to evaluate or to take final action on the application, the
90-2 commission may request the information and set a reasonable
90-3 deadline for a response. Failure to comply with the deadline for
90-4 the response will result in the application being returned to the
90-5 applicant.
90-6 Sec. 382.05185. ELECTRIC GENERATING FACILITY PERMIT. (a)
90-7 An electric generating facility is considered permitted under this
90-8 section with respect to all air contaminants if the facility is:
90-9 (1) a natural-gas-fired electric generating facility
90-10 that has applied for or obtained a permit under Section 39.264,
90-11 Utilities Code; or
90-12 (2) an electric generating facility exempted from
90-13 permitting under Section 39.264(d), Utilities Code.
90-14 (b) Electric generating facilities, including coal-fired
90-15 electric generating facilities, that are required to obtain a
90-16 permit under Section 39.264, Utilities Code, and are not described
90-17 by Subsection (a):
90-18 (1) shall be considered permitted under this section
90-19 with respect to nitrogen oxides, sulphur dioxide, and, as provided
90-20 by commission rules, for opacity if the facility has applied for or
90-21 obtained a permit under Section 39.264, Utilities Code; and
90-22 (2) are not considered permitted for criteria
90-23 pollutants not described by Subdivision (b)(1).
90-24 (c) The commission shall issue a permit for a facility
90-25 subject to Subsection (b) for criteria pollutants not covered by
90-26 Subsection (b)(1) if the commission finds that the emissions from
90-27 the facility will not contravene the intent of this chapter,
91-1 including protection of the public's health and physical property.
91-2 Upon request by the applicant, the commission shall include a
91-3 permit application under this subsection with the applicant's
91-4 pending permit application under Section 39.264, Utilities Code.
91-5 (d) The owner or operator of an electric generating facility
91-6 with a permit or an application pending under Section 39.264,
91-7 Utilities Code, may apply for a permit under this section before
91-8 September 1, 2002, for a facility located at the same site if the
91-9 facility not permitted or without a pending application under
91-10 Section 39.264, Utilities Code, is:
91-11 (1) a generator that does not generate electric energy
91-12 for compensation and is used no more than 10 percent of the normal
91-13 annual operating schedule; or
91-14 (2) an auxiliary fossil-fuel-fired combustion facility
91-15 that does not generate electric energy for compensation.
91-16 (e) Nitrogen oxide emissions from facilities permitted under
91-17 Subsection (d) shall be included in the emission allowance trading
91-18 program established under Section 39.264, Utilities Code. The
91-19 commission shall not issue new allowances based on a permit issued
91-20 under this section.
91-21 (f) A person planning the modification of a facility
91-22 previously permitted under this section must comply with Section
91-23 382.0518 before modifying.
91-24 (g) The commission may adopt rules as necessary to implement
91-25 and administer this section.
91-26 (h) A permit application under this section is subject to
91-27 notice and hearing requirements as provided by Section 382.05191.
92-1 (i) For purposes of this section, a natural-gas-fired
92-2 electric generating facility is one that is capable of burning
92-3 natural gas or a fuel oil of a grade approved by commission rule.
92-4 The commission shall adopt rules regarding acceptable fuel oil
92-5 grades that shall require that the amount and grade of fuel oil
92-6 used not increase emissions above allowable limits.
92-7 Sec. 382.05186. AUTHORIZATION FOR PIPELINE FACILITIES. (a)
92-8 The commission by rule shall establish the procedures for
92-9 applications for existing processing, treating, compression, or
92-10 pumping facilities described by Section 382.0518(g) connected to or
92-11 part of a gathering or transmission pipeline.
92-12 (b) Based on a prioritization by the commission as necessary
92-13 to meet local, regional, and statewide air quality needs related
92-14 directly or indirectly to federal air quality standards, the
92-15 commission may require up to a 20 percent reduction of the hourly
92-16 emission rate, in terms of grams per brake horsepower-hour, of
92-17 nitrogen oxide and may also require up to a 20 percent reduction of
92-18 the hourly emission rate, in terms of grams per brake
92-19 horsepower-hour, of volatile organic compounds from reciprocating
92-20 internal combustion engines subject to this section. The
92-21 commission may consider requiring up to a 20 percent reduction of
92-22 the hourly emission rate of nitrogen oxide and may also consider
92-23 requiring up to a 20 percent reduction of the hourly emission rate
92-24 of volatile organic compounds from facilities other than
92-25 reciprocating internal combustion engines that are connected to or
92-26 part of a gathering or transmission pipeline. The commission may
92-27 by rule designate counties or regions of the state where greater
93-1 reductions of emissions will be required than in other areas, but
93-2 no more than 20 percent emissions reductions may be required in any
93-3 area.
93-4 (c) The commission shall:
93-5 (1) allow for a single permit for all facilities
93-6 connected to or part of a gathering or transmission pipeline;
93-7 (2) allow for required reductions for facilities under
93-8 this section to be achieved at one facility or averaged among more
93-9 than one facility and located in the same local, regional, or
93-10 statewide areas designated by the commission under Subsection (b);
93-11 (3) for purposes of emission averaging, allow emission
93-12 reductions achieved from facilities defined by Section 382.0518(g)
93-13 since September 1, 1997; and
93-14 (4) allow an owner or operator to apply for separate
93-15 permits under this section for discrete and separate facilities
93-16 connected to or part of a gathering or transmission pipeline.
93-17 (d) Facilities authorized by this section shall be
93-18 considered permitted under this chapter.
93-19 (e) The commission shall issue a permit under this section
93-20 if the requirements of this section are met.
93-21 (f) A person planning the modification of a facility
93-22 previously permitted under this section must comply with Section
93-23 382.0518 before modifying.
93-24 (g) The commission may adopt rules as necessary to implement
93-25 and administer this section.
93-26 (h) A permit application under this section is subject to
93-27 notice and hearing requirements as provided by Section 382.05191.
94-1 (i) If an applicant omits any relevant facts or submits
94-2 incorrect information in an application, the applicant shall submit
94-3 the relevant facts or correct the information no later than 60 days
94-4 after discovering the error. If while processing the application,
94-5 the commission determines that additional information is necessary
94-6 to evaluate or to take final action on the application, the
94-7 commission may request the information and set a reasonable
94-8 deadline for a response. Failure to comply with the deadline for
94-9 the response will result in the application being returned to the
94-10 applicant.
94-11 SECTION 4.09. Section 382.05191, Health and Safety Code, is
94-12 amended to read as follows:
94-13 Sec. 382.05191. [VOLUNTARY] EMISSIONS REDUCTION PERMITS
94-14 [PERMIT]: NOTICE AND HEARING. (a) An applicant for a permit or
94-15 other authorization under Section 382.05183, Section 382.05185(c)
94-16 or (d), Section 382.05186, or Section 382.0519 shall publish notice
94-17 of intent to obtain the permit in accordance with Section 382.056.
94-18 (b) The commission may authorize an applicant for a permit
94-19 for a facility that constitutes or is part of a small business
94-20 stationary source as defined in Section 382.0365(g)(2) to provide
94-21 notice using an alternative means if the commission finds that the
94-22 proposed method will result in equal or better communication with
94-23 the public, considering the effectiveness of the notice in reaching
94-24 potentially affected persons, cost, and consistency with federal
94-25 requirements.
94-26 (c) The commission shall provide an opportunity for a public
94-27 hearing and the submission of public comment and send notice of a
95-1 decision on an application for a permit under Section 382.05183,
95-2 Section 382.05185(c) or (d), Section 382.05186, or Section 382.0519
95-3 in the same manner as provided by Sections 382.0561 and 382.0562.
95-4 (d) A person affected by a decision of the commission to
95-5 issue or deny an [a voluntary] emissions reduction permit may move
95-6 for rehearing and is entitled to judicial review under Section
95-7 382.032.
95-8 SECTION 4.10. Section 382.05192, Health and Safety Code, is
95-9 amended to read as follows:
95-10 Sec. 382.05192. REVIEW AND RENEWAL OF [VOLUNTARY] EMISSIONS
95-11 REDUCTION [AND MULTIPLE PLANT] PERMITS. Review and renewal of a
95-12 permit issued or other authorization granted under Section
95-13 382.05183, Section 382.05184, Section 382.05185(c) or (d), Section
95-14 382.05186, Section 382.0519, or Section 382.05194 shall be
95-15 conducted in accordance with Section 382.055.
95-16 SECTION 4.11. Section 382.0621(d), Health and Safety Code, is
95-17 amended to read as follows:
95-18 (d) Except as provided by this subsection [section], the
95-19 commission may not impose a fee for any amount of emissions of an
95-20 air contaminant regulated under the federal Clean Air Act
95-21 Amendments of 1990 (Pub.L. No. 101-549) in excess of 4,000 tons per
95-22 year from any source. The fees under this subsection do not apply
95-23 to a facility with a permit or a permit application pending under
95-24 Section 382.05185(c). The fees under this subsection do not apply
95-25 to a facility for which a letter expressing intent to authorize
95-26 that facility is filed on or before September 1, 2002, or a permit
95-27 application is timely filed. In the event that a letter of intent
96-1 is not filed, or if a letter of intent is filed but a permit
96-2 application is not subsequently timely filed, the fees due and
96-3 owing for such facility shall be deemed to have accrued since
96-4 September 1, 2001, in the amounts set forth in this subsection. On
96-5 and after September 1, 2001, for a facility that is not subject to
96-6 the requirement to obtain a permit under Section 382.0518(g) that
96-7 does not have a permit application pending, the commission shall:
96-8 (1) impose a fee under this section for all emissions,
96-9 including emissions in excess of 4,000 tons; [and]
96-10 (2) double the amount of the fee imposed for all
96-11 emissions of 4,000 tons or less each fiscal year; and
96-12 (3) treble the amount of the fee imposed for all
96-13 emissions in excess of 4,000 tons each fiscal year [treble the
96-14 amount of the fee imposed for emissions in excess of 4,000 tons
96-15 each fiscal year].
96-16 SECTION 4.12. Subchapter C, Chapter 382, Health and Safety
96-17 Code, is amended by adding Section 382.065 to read as follows:
96-18 Sec. 382.065. CERTAIN LOCATIONS FOR CRUSHING FACILITY
96-19 PROHIBITED. (a) The commission by rule shall prohibit the location
96-20 of or operation of a crushing facility for concrete production
96-21 within one-half mile of a building used as a single or multifamily
96-22 residence, school, or place of worship.
96-23 (b) Rules adopted under Subsection (a) must provide a
96-24 transition period of nine months for crushing facilities in
96-25 operation on the effective date of this section to cease operations
96-26 and move outside of the prohibited area.
96-27 ARTICLE 5. ACCREDITATION OF ENVIRONMENTAL TESTING LABORATORIES
97-1 SECTION 5.01. Chapter 421, Health and Safety Code, as added
97-2 by Chapter 447, Acts of the 76th Legislature, Regular Session,
97-3 1999, is transferred to Chapter 5, Water Code, redesignated as
97-4 Subchapter R, and amended to read as follows:
97-5 SUBCHAPTER R [CHAPTER 421]. ACCREDITATION OF
97-6 ENVIRONMENTAL TESTING LABORATORIES
97-7 Sec. 5.801 [421.001]. DEFINITION [DEFINITIONS]. In this
97-8 subchapter, "environmental [chapter:]
97-9 [(1) "Board" means the Texas Board of Health.]
97-10 [(2) "Department" means the Texas Department of
97-11 Health.]
97-12 [(3) "Environmental] testing laboratory" means a
97-13 scientific laboratory that[:]
97-14 [(A)] performs analyses to determine the
97-15 chemical, molecular, or pathogenic components of environmental
97-16 media [drinking water, wastewater, hazardous wastes, soil, or air]
97-17 for regulatory compliance purposes[; and]
97-18 [(B) is either a commercial laboratory or an
97-19 environmental laboratory that is required to be accredited under
97-20 federal law].
97-21 Sec. 5.802 [421.002]. ADMINISTRATION BY COMMISSION
97-22 [DEPARTMENT]. The commission [department] shall adopt rules for the
97-23 administration of [administer] the voluntary environmental testing
97-24 laboratory accreditation program established by this chapter. The
97-25 program must be consistent with national accreditation standards
97-26 approved by the National Environmental Laboratory Accreditation
97-27 Conference.
98-1 Sec. 5.803 [421.003]. APPLICATION; FEE. (a) To be
98-2 accredited under the accreditation program adopted under this
98-3 subchapter [chapter], an environmental testing laboratory must
98-4 submit an application to the commission [department] on a form
98-5 prescribed by the commission [department], accompanied by the
98-6 accreditation fee. The application must contain the information
98-7 that the commission [department] requires.
98-8 (b) The commission by rule [board] shall establish a
98-9 schedule of reasonable [an] accreditation fees designed to recover
98-10 the costs of the accreditation program, including the costs
98-11 associated with:
98-12 (1) application review;
98-13 (2) initial, routine, and follow-up inspections by the
98-14 commission; and
98-15 (3) preparation of reports [fee in an amount
98-16 sufficient to defray the cost of administering this chapter].
98-17 Sec. 5.804 [421.004]. ISSUANCE OF ACCREDITATION;
98-18 RECIPROCITY. (a) The commission [department] may accredit an
98-19 environmental testing laboratory that complies with the commission
98-20 requirements established under this subchapter [chapter].
98-21 (b) The commission [board] by rule may provide for the
98-22 accreditation of an environmental testing laboratory that is
98-23 accredited or licensed in [by] another state by an authority that
98-24 is approved by the National Environmental Laboratory Accreditation
98-25 Conference.
98-26 Sec. 5.805 [421.005]. RULES; MINIMUM STANDARDS. The
98-27 commission [board] shall adopt rules to implement this subchapter
99-1 [chapter] and minimum performance and quality assurance standards
99-2 for accreditation of an environmental testing laboratory.
99-3 Sec. 5.806 [421.006]. DISCIPLINE. After notice and an
99-4 opportunity for hearing, the commission [department] may suspend or
99-5 revoke the accreditation of an environmental testing laboratory
99-6 that does not comply with the minimum performance and quality
99-7 assurance standards established under this subchapter [chapter].
99-8 Sec. 5.807. ENVIRONMENTAL TESTING LABORATORY ACCREDITATION
99-9 ACCOUNT. (a) All fees collected under this subchapter shall be
99-10 deposited to the credit of the environmental testing laboratory
99-11 accreditation account and may be appropriated to the commission
99-12 only for paying the costs of the accreditation program.
99-13 (b) Any balance in the account in excess of $1,000 at the
99-14 end of a fiscal year reverts to the general revenue fund.
99-15 ARTICLE 6. CERTIFICATION OF WATER TREATMENT SPECIALISTS
99-16 SECTION 6.01. Section 3A, The Plumbing License Law (Article
99-17 6243-101, Vernon's Texas Civil Statutes), is transferred to Chapter
99-18 341, Health and Safety Code, redesignated as Subchapter G, Chapter
99-19 341, and amended to read as follows:
99-20 SUBCHAPTER G. CERTIFICATION OF WATER TREATMENT SPECIALISTS
99-21 Sec. 341.101 [Sec. 3A. CERTIFICATION RELATING TO RESIDENTIAL
99-22 WATER TREATMENT FACILITIES]. DEFINITIONS. In this subchapter:
99-23 (1) "Commission" means the Texas Natural Resource
99-24 Conservation Commission.
99-25 (2) "Installation of water treatment appliances"
99-26 includes connecting the appliances to all necessary utility
99-27 connections in residential, commercial, or industrial facilities.
100-1 (3) "Water treatment" means a business conducted under
100-2 contract that requires experience in the analysis of water,
100-3 including the ability to determine how to treat influent and
100-4 effluent water, to alter or purify water, and to add or remove a
100-5 mineral, chemical, or bacterial content or substance. The term
100-6 also includes the installation and service of potable water
100-7 treatment equipment in public or private water systems and making
100-8 connections necessary to complete installation of a water treatment
100-9 system.
100-10 (4) "Water treatment equipment" includes appliances
100-11 used to alter or purify water or to alter a mineral, chemical, or
100-12 bacterial content or substance.
100-13 Sec. 341.102. WATER TREATMENT SPECIALIST CERTIFICATION
100-14 PROGRAM. (a) The commission by rule [Commissioner of Health or his
100-15 designee] shall establish a program to certify persons [as being]
100-16 qualified to install, exchange, service [for the installation,
100-17 exchange, servicing], and repair [of] residential, commercial, or
100-18 industrial water treatment equipment and appliances [facilities as
100-19 defined by Subsection (g) of Section 2 of this Act].
100-20 (b) The rules must establish:
100-21 (1) [Texas Board of Health shall set] standards for
100-22 certification to ensure the public health and to protect the public
100-23 from unqualified persons engaging in activities relating to water
100-24 treatment;
100-25 (2) classes of certification;
100-26 (3) duration of certification; and
100-27 (4) reasonable annual certification fees in an amount
101-1 sufficient to pay the administrative costs of the certification
101-2 program, but not to exceed $150 a year for any class of
101-3 certification.
101-4 Sec. 341.103. CERTIFICATION REQUIRED. A person may not
101-5 engage in water treatment unless the person first obtains a
101-6 certificate from the commission under the program established under
101-7 this subchapter.
101-8 Sec. 341.104. APPLICATION FOR CERTIFICATION. A person
101-9 desiring to obtain certification under the program established
101-10 under this subchapter shall file with the commission:
101-11 (1) an application in the form prescribed by the
101-12 commission and containing the information required by the
101-13 commission; and
101-14 (2) the appropriate certification fee.
101-15 Sec. 341.105. ISSUANCE OF CERTIFICATE. (a) [Nothing in this
101-16 section shall be construed to require that persons licensed
101-17 pursuant to this Act are subject to certification under this
101-18 section.]
101-19 [(b) Before a certificate is issued or renewed under this
101-20 section, an applicant or holder of a certificate shall be required
101-21 to pay a fee of $10 a year.] On receipt of an application that
101-22 meets commission requirements and the required fee, the commission
101-23 [Texas Department of Health] shall issue to a [qualified] person
101-24 who meets commission standards for certification a certificate
101-25 stating that the person is qualified to install, exchange, service
101-26 [for the installation, exchange, servicing], and repair [of]
101-27 residential, commercial, or industrial water treatment facilities.
102-1 (b) [The Texas Board of Health shall adopt rules
102-2 establishing classes of certificates, duration of certificates, and
102-3 fees.]
102-4 [(c)] All fees received by the commission [Texas Department
102-5 of Health] under this section shall be deposited in the State
102-6 Treasury to the credit of the General Revenue Fund.
102-7 (c) A person who holds a license under The Plumbing License
102-8 Law (Article 6243-101, Vernon's Texas Civil Statutes) is exempt
102-9 from the requirements of this subchapter.
102-10 ARTICLE 7. REGISTRATION OF IRRIGATORS AND ON-SITE
102-11 SEWAGE DISPOSAL SYSTEM INSTALLERS
102-12 SECTION 7.01. Section 34.008(a), Water Code, is amended to
102-13 read as follows:
102-14 (a) The commission may waive any prerequisite [certify] for
102-15 obtaining registration for [without examination] an applicant who
102-16 is registered as a licensed irrigator or licensed installer by [in]
102-17 another jurisdiction with which this state has a reciprocity
102-18 agreement. The commission may make an agreement, subject to the
102-19 approval of the governor, with another state to allow for
102-20 registration by reciprocity [state or country that has requirements
102-21 for registration that are at least substantially equivalent to the
102-22 requirements of this state and that extends the same privilege of
102-23 reciprocity to licensed irrigators or licensed installers
102-24 registered in this state].
102-25 SECTION 7.02. Section 34.009(f), Water Code, is amended to
102-26 read as follows:
102-27 (f) The commission by rule may adopt a system under which
103-1 certificates of registration expire on various dates during the
103-2 year. For the year in which the expiration date is changed, the
103-3 commission shall prorate registration [renewal] fees [payable on
103-4 August 31 shall be prorated] on a monthly basis so that each
103-5 registrant pays [will pay] only that portion of the registration
103-6 fee that is allocable to the number of months during which the
103-7 registration is valid. On renewal of the registration on the new
103-8 expiration date, the total registration renewal fee is due.
103-9 SECTION 7.03. Section 366.076, Health and Safety Code, is
103-10 amended to read as follows:
103-11 Sec. 366.076. REGISTRATION RENEWAL. The commission by rule
103-12 may adopt a system under which registrations expire on various
103-13 dates during the year. For each year in which the registration
103-14 expiration date is changed, the commission shall prorate
103-15 registration fees on a monthly basis so that each registrant pays
103-16 only that portion of the registration fee that is allocable to the
103-17 number of months during which the registration is valid. On
103-18 renewal of the registration on the new expiration date, the total
103-19 registration renewal fee is payable [provide for periodic renewal
103-20 of registrations].
103-21 ARTICLE 8. REGULATION OF SOLID WASTE
103-22 SECTION 8.01. Section 361.114, Health and Safety Code, is
103-23 amended to read as follows:
103-24 Sec. 361.114. PROHIBITION OF [GRANT OF PERMIT FOR] DISPOSAL
103-25 OF HAZARDOUS WASTE INTO CERTAIN GEOLOGICAL FORMATIONS [SALT DOMES].
103-26 [(a)] The commission by rule shall prohibit the storage,
103-27 processing, or disposal of [may not issue a permit for a] hazardous
104-1 waste [injection well] in a solution-mined salt dome cavern or a
104-2 sulphur mine [unless the United States Environmental Protection
104-3 Agency and the commission determine that sufficient rules are in
104-4 place to regulate that activity].
104-5 [(b) Before issuing a permit for a hazardous waste injection
104-6 well in a solution-mined salt dome cavern, the commission by order
104-7 must find that there is an urgent public necessity for the
104-8 hazardous waste injection well. The commission, in determining
104-9 whether an urgent public necessity exists for the permitting of the
104-10 hazardous waste injection well in a solution-mined salt dome
104-11 cavern, must find that:]
104-12 [(1) the injection well will be designed, constructed,
104-13 and operated in a manner that provides at least the same degree of
104-14 safety as required of other currently operating hazardous waste
104-15 disposal technologies;]
104-16 [(2) consistent with the need and desire to manage
104-17 within the state hazardous wastes generated in the state, there is
104-18 a substantial or obvious public need for additional hazardous waste
104-19 disposal capacity and the hazardous waste injection well will
104-20 contribute additional capacity toward servicing that need;]
104-21 [(3) the injection well will be constructed and
104-22 operated in a manner so as to safeguard public health and welfare
104-23 and protect physical property and the environment;]
104-24 [(4) the applicant has demonstrated that groundwater
104-25 and surface waters, including public water supplies, will be
104-26 protected from the release of hazardous waste from the salt-dome
104-27 waste containment cavern; and]
105-1 [(5) any other criteria required by the commission to
105-2 satisfy that the test of urgency has been met.]
105-3 SECTION 8.02. Subchapter C, Chapter 361, Health and Safety
105-4 Code, is amended by adding Section 361.119 to read as follows:
105-5 Sec. 361.119. REGULATION OF CERTAIN FACILITIES AS SOLID
105-6 WASTE FACILITIES. (a) The commission by rule shall ensure that a
105-7 solid waste processing facility the primary function of which is
105-8 the transfer of solid waste is regulated as a solid waste facility
105-9 under this chapter and is not allowed to operate unregulated as a
105-10 recycling facility.
105-11 (b) A facility and the operations conducted and materials
105-12 handled at the facility are not subject to regulation under rules
105-13 adopted under this section if the owner or operator of the facility
105-14 demonstrates that:
105-15 (1) the primary function of the facility is to process
105-16 materials that have a resale value greater than the cost of
105-17 processing the materials for subsequent beneficial use; and
105-18 (2) the solid waste generated from processing the
105-19 materials is disposed of in a solid waste facility authorized under
105-20 this chapter, with the exception of small amounts of solid waste
105-21 that may be inadvertently and unintentionally disposed of in
105-22 another manner.
105-23 ARTICLE 9. EDWARDS AQUIFER
105-24 SECTION 9.01. As used in this article, "Edwards Aquifer" has
105-25 the meaning defined in Section 26.046, Water Code.
105-26 SECTION 9.02. Subchapter B, Chapter 26, Water Code, is
105-27 amended by adding Section 26.050 to read as follows:
106-1 Sec. 26.050. The commission shall make available to the
106-2 public digital copies of the Recharge, Transition, and Contributing
106-3 Zone boundary lines, when they become available.
106-4 SECTION 9.03. Subchapter B, Chapter 26, Water Code, is
106-5 amended by adding Section 26.051 to read as follows:
106-6 Sec. 26.051. The commission shall report annually on the
106-7 Edwards Aquifer Program expenses and allocation of fees.
106-8 SECTION 9.04. Subchapter D, Chapter 26, Water Code, is
106-9 amended by adding Section 26.137 to read as follows:
106-10 Sec. 26.137. The commission shall provide for a 30-day
106-11 comment period in the review process for Edwards Aquifer Protection
106-12 Plans in the Contributing Zone of the Edwards Aquifer as provided
106-13 in 30 T.A.C. Section 213.4(a)(2).
106-14 ARTICLE 10. MATTERS RELATED TO REMEDIATION
106-15 SECTION 10.01. Subchapter F, Chapter 361, Health and Safety
106-16 Code, is amended by adding Section 361.1875 to read as follows:
106-17 Sec. 361.1875. EXCLUSION OF CERTAIN POTENTIALLY RESPONSIBLE
106-18 PARTIES. The commission may not name a person as a responsible
106-19 party for an enforcement action or require a person to reimburse
106-20 remediation costs for a site if the commission has conducted an
106-21 investigation of a site owned or operated by the person and as a
106-22 result of the investigation has determined that:
106-23 (1) the contaminants that are the subject of
106-24 investigation under this subchapter appear to originate from an
106-25 up-gradient, off-site source that is not owned or operated by the
106-26 person;
106-27 (2) additional corrective action is not required at
107-1 the site owned or operated by the person; and
107-2 (3) the commission will not undertake a formal
107-3 enforcement action in the matter.
107-4 ARTICLE 11. REGULATION OF CERTAIN
107-5 ANIMAL FEEDING OPERATIONS
107-6 SECTION 11.01. Section 26.001, Water Code, is amended by
107-7 amending Subdivisions (10) and (13) to read as follows:
107-8 (10) "Agricultural waste" means waterborne liquid,
107-9 gaseous, or solid substances that arise from the agricultural
107-10 industry and agricultural activities, including without limitation
107-11 agricultural animal feeding pens and lots, structures for housing
107-12 and feeding agricultural animals, and processing facilities for
107-13 agricultural products. The term:
107-14 (A) includes tail water or runoff water from
107-15 irrigation or rainwater runoff from an animal feeding operation or
107-16 concentrated animal feeding operation that is located in a major
107-17 sole source impairment zone, as defined by Section 26.502; and
107-18 (B) ["agricultural waste"] does not include tail
107-19 water or runoff water from irrigation or rainwater runoff from
107-20 other cultivated or uncultivated range land, pasture land, and
107-21 farmland.
107-22 (13) "Pollutant" means dredged spoil, solid waste,
107-23 incinerator residue, sewage, garbage, sewage sludge, filter
107-24 backwash, munitions, chemical wastes, biological materials,
107-25 radioactive materials, heat, wrecked or discarded equipment, rock,
107-26 sand, cellar dirt, and industrial, municipal, and agricultural
107-27 waste discharged into any water in the state. The term:
108-1 (A) includes tail water or runoff water from
108-2 irrigation or rainwater runoff from an animal feeding operation or
108-3 concentrated animal feeding operation that is located in a major
108-4 sole source impairment zone, as defined by Section 26.502; and
108-5 (B) ["pollutant"] does not include tail water or
108-6 runoff water from irrigation or rainwater runoff from cultivated or
108-7 uncultivated rangeland, pastureland, and farmland.
108-8 SECTION 11.02. Chapter 26, Water Code, is amended by adding
108-9 Subchapter L to read as follows:
108-10 SUBCHAPTER L. PROTECTION OF CERTAIN WATERSHEDS
108-11 Sec. 26.501. DEFINITIONS. In this subchapter:
108-12 (1) "Concentrated animal feeding operation" has the
108-13 meaning assigned by 30 T.A.C. Section 321.32 on the effective date
108-14 of this subchapter.
108-15 (2) "New concentrated animal feeding operation" means
108-16 a proposed concentrated animal feeding operation, any part of which
108-17 is located on property not previously authorized by the state to be
108-18 operated as a concentrated animal feeding operation.
108-19 (3) "Historical waste application field" means an area
108-20 of land that at any time since January 1, 1995, has been owned or
108-21 controlled by an operator of a concentrated animal feeding
108-22 operation on which agricultural waste from a concentrated animal
108-23 feeding operation has been applied.
108-24 Sec. 26.502. APPLICABILITY. This subchapter applies only in
108-25 a major sole source impairment zone. In this subchapter, "major
108-26 sole source impairment zone" means a watershed that contains a
108-27 reservoir:
109-1 (1) that is used by a municipality as a sole source of
109-2 drinking water supply for a population, inside and outside of its
109-3 municipal boundaries, of more than 140,000; and
109-4 (2) at least half of the water flowing into which is
109-5 from a source that, on the effective date of this subchapter, is on
109-6 the list of impaired state waters adopted by the commission as
109-7 required by 33 U.S.C. Section 1313(d), as amended:
109-8 (A) at least in part because of concerns
109-9 regarding pathogens and phosphorus; and
109-10 (B) for which the commission, at some time, has
109-11 prepared and submitted a total maximum daily load standard.
109-12 Sec. 26.503. REGULATION OF CERTAIN CONCENTRATED ANIMAL
109-13 FEEDING OPERATION WASTES. (a) The commission may authorize the
109-14 construction or operation of a new concentrated animal feeding
109-15 operation, or an increase in the animals confined under an existing
109-16 operation, only by a new or amended individual permit.
109-17 (b) The individual permit issued or amended under Subsection
109-18 (a) must:
109-19 (1) provide for management and disposal of waste in
109-20 accordance with Subchapter B, Chapter 321, Title 30, Texas
109-21 Administrative Code;
109-22 (2) require that 100 percent of the collectible manure
109-23 produced by the additional animals in confinement at an expanded
109-24 operation or all of the animals in confinement at a new operation
109-25 must be:
109-26 (A) disposed of or used outside of the
109-27 watershed;
110-1 (B) delivered to a composting facility approved
110-2 by the executive director;
110-3 (C) applied to a waste application field that is
110-4 not a historical waste application field or owned or operated by an
110-5 owner or operator of a concentrated animal feeding operation;
110-6 (D) put to another beneficial use approved by
110-7 the executive director; or
110-8 (E) applied to a historical waste application
110-9 field that is owned or operated by the owner or operator of the
110-10 concentrated animal feeding operation only if:
110-11 (i) results of representative composite
110-12 soil sampling conducted at the waste application field and filed
110-13 with the commission show that the waste application field contains
110-14 200 or fewer parts per million of extractable phosphorus (reported
110-15 as P); or
110-16 (ii) the manure is applied, with
110-17 commission approval, in accordance with a detailed nutrient
110-18 utilization plan approved by the commission that is developed by:
110-19 (a) an employee of the United States
110-20 Department of Agriculture's Natural Resources Conservation Service;
110-21 (b) a nutrient management specialist
110-22 certified by the United States Department of Agriculture's Natural
110-23 Resources Conservation Service;
110-24 (c) the State Soil and Water
110-25 Conservation Board;
110-26 (d) the Texas Agricultural Extension
110-27 Service;
111-1 (e) an agronomist or soil scientist
111-2 on the full-time staff of an accredited university located in this
111-3 state; or
111-4 (f) a professional agronomist or
111-5 soil scientist certified by the American Society of Agronomy.
111-6 (c) The commission may approve a detailed nutrient
111-7 utilization plan approved by the commission that is developed by a
111-8 professional agronomist or soil scientist certified by the American
111-9 Society of Agronomy only if the commission finds that another
111-10 person listed by Subsection (b)(2)(E)(ii) cannot develop a plan in
111-11 a timely manner.
111-12 (d) The commission may not issue a general permit to
111-13 authorize the discharge of agricultural waste into or adjacent to
111-14 waters in this state from an animal feeding operation if such
111-15 waters are within a major sole source impairment zone.
111-16 (e) The commission and employees or agents of the commission
111-17 may enter public or private property at any reasonable time for
111-18 activities related to the purposes of this subchapter. The
111-19 commission may enforce this authority as provided by Section 7.032,
111-20 7.051, 7.052, or 7.105.
111-21 (f) This section does not limit the commission's authority
111-22 to include in an individual or general permit under this chapter
111-23 provisions necessary to protect a water resource in this state.
111-24 Sec. 26.504. WASTE APPLICATION FIELD SOIL SAMPLING AND
111-25 TESTING. (a) The operator of a concentrated animal feeding
111-26 operation shall contract with a person described by Section
111-27 26.503(b)(2)(E)(ii) selected by the executive director to collect
112-1 one or more representative composite soil samples from each waste
112-2 application field. The operator shall have sampling performed
112-3 under this subsection not less often than once every 12 months.
112-4 (b) Each sample collected under this section must be tested
112-5 for phosphorus and any other nutrient designated by the executive
112-6 director. The test results must be made available to the executive
112-7 director and the operator of the concentrated animal feeding
112-8 operation. The test results are public records of the commission.
112-9 (c) If the samples tested under Subsection (b) show a
112-10 phosphorus level in the soil of more than 500 parts per million,
112-11 the operator shall file with the commission a new or amended
112-12 nutrient utilization plan with a phosphorus reduction component
112-13 that is certified as acceptable by a person listed by Section
112-14 26.503(b)(2)(E)(ii).
112-15 (d) If the samples tested under Subsection (b) show a
112-16 phosphorus level in the soil of more than 200 parts per million but
112-17 not more than 500 parts per million, the operator shall:
112-18 (1) file with the commission a new or amended nutrient
112-19 utilization plan with a phosphorus reduction component that is
112-20 certified as acceptable by a person listed by Section
112-21 26.503(b)(2)(E)(ii); or
112-22 (2) show that the level is supported by a nutrient
112-23 utilization plan certified as acceptable by a person listed by
112-24 Section 26.503(b)(2)(E)(ii).
112-25 (e) The owner or operator of a waste application field
112-26 required by this section to have a nutrient utilization plan with a
112-27 phosphorus reduction component for which the results of tests
113-1 performed on composite soil samples collected 12 months or more
113-2 after the plan is filed do not show a reduction in phosphorus is
113-3 subject to enforcement for a violation of this subchapter at the
113-4 discretion of the executive director. The executive director, in
113-5 determining whether to take an enforcement action under this
113-6 subsection, shall consider any explanation presented by the owner
113-7 or operator regarding the reasons for the lack of phosphorus
113-8 reduction, including an act of God, meteorologic conditions,
113-9 diseases, vermin, crop conditions, or variability of soil testing
113-10 results.
113-11 (f) The commission shall adopt rules to implement this
113-12 section. The rules must provide for the scheduling and manner of
113-13 the required soil testing and the form, content, and deadlines for
113-14 plans required under this section.
113-15 Sec. 26.505. ENFORCEMENT DISCRETION. The commission does not
113-16 have prosecutorial discretion in enforcing this subchapter and
113-17 shall strictly enforce the provisions of this subchapter.
113-18 ARTICLE 12. CONTAINMENT SYSTEMS REQUIRED FOR CERTAIN
113-19 UNDERGROUND STORAGE TANKS
113-20 SECTION 12.01. Subchapter I, Chapter 26, Water Code, is
113-21 amended by adding Section 26.3476 to read as follows:
113-22 Sec. 26.3476. SECONDARY CONTAINMENT REQUIRED FOR TANKS
113-23 LOCATED OVER CERTAIN AQUIFERS. (a) In this section, "secondary
113-24 containment" means a method by which a secondary wall or barrier is
113-25 installed around an underground storage tank system in a manner
113-26 designed to prevent a release of a regulated substance from
113-27 migrating beyond the secondary wall or barrier before the release
114-1 can be detected. A secondary containment system may include an
114-2 impervious liner or vault surrounding a primary tank or piping
114-3 system or a double-wall tank or piping system.
114-4 (b) An underground storage tank system, at a minimum, shall
114-5 incorporate a method for secondary containment if the system is
114-6 located in:
114-7 (1) the outcrop of a major aquifer composed of
114-8 limestone and associated carbonate rocks of Cretaceous age or
114-9 older; and
114-10 (2) a county that:
114-11 (A) has a population of at least one million and
114-12 relies on groundwater for at least 75 percent of the county's water
114-13 supply; or
114-14 (B) has a population of at least 75,000 and is
114-15 adjacent to a county described by Paragraph (A).
114-16 (c) Section 26.3475(e) applies to an underground storage
114-17 tank system that is subject to this section as if a violation of
114-18 this section were a violation of Section 26.3475.
114-19 (d) This section does not prohibit the commission or a
114-20 political subdivision from adopting additional or more stringent
114-21 requirements regarding methods for containment of underground
114-22 storage tank systems if those requirements are compatible with the
114-23 requirements of this section.
114-24 ARTICLE 13. REGULATION AND REMEDIATION OF UNDERGROUND AND
114-25 ABOVEGROUND STORAGE TANKS
114-26 SECTION 13.01. Section 26.342, Water Code, is amended by
114-27 amending Subdivisions (9)-(17) and adding Subdivision (18) to read
115-1 as follows:
115-2 (9) "Owner" means a person who holds legal possession
115-3 or ownership of an interest in an underground storage tank system
115-4 or an aboveground storage tank. If the actual ownership of an
115-5 underground storage tank system or an aboveground storage tank is
115-6 uncertain, unknown, or in dispute, the fee simple owner of the
115-7 surface estate of the tract on which the tank system is located is
115-8 considered the owner of the system unless that person can
115-9 demonstrate by appropriate documentation, including a deed
115-10 reservation, invoice, or bill of sale, or by other legally
115-11 acceptable means that the underground storage tank system or
115-12 aboveground storage tank is owned by another person. A person that
115-13 has registered as an owner of an underground storage tank system or
115-14 aboveground storage tank with the commission under Section 26.346
115-15 after September 1, 1987, shall be considered the tank system owner
115-16 until such time as documentation demonstrates to the executive
115-17 director's satisfaction that the legal interest in the tank system
115-18 was transferred to a different person subsequent to the date of the
115-19 tank registration. This definition is subject to the limitations
115-20 found in Section 26.3514 (Limits on Liability of Lender), Section
115-21 26.3515 (Limits on Liability of Corporate Fiduciary), and Section
115-22 26.3516 (Limits on Liability of Taxing Unit).
115-23 (10) "Person" means an individual, trust, firm,
115-24 joint-stock company, corporation, government corporation,
115-25 partnership, association, state, municipality, commission,
115-26 political subdivision of a state, an interstate body, a consortium,
115-27 joint venture, commercial entity, or the United States government.
116-1 (11) [(10)] "Petroleum product" means a petroleum
116-2 product that is obtained from distilling and processing crude oil
116-3 and that is capable of being used as a fuel for the propulsion of a
116-4 motor vehicle or aircraft, including motor gasoline, gasohol, other
116-5 alcohol blended fuels, aviation gasoline, kerosene, distillate fuel
116-6 oil, and #1 and #2 diesel. The term does not include naphtha-type
116-7 jet fuel, kerosene-type jet fuel, or a petroleum product destined
116-8 for use in chemical manufacturing or feedstock of that
116-9 manufacturing.
116-10 (12) [(11)] "Petroleum storage tank" means:
116-11 (A) any one or combination of aboveground
116-12 storage tanks that contain petroleum products and that are
116-13 regulated by the commission; or
116-14 (B) any one or combination of underground
116-15 storage tanks and any connecting underground pipes that contain
116-16 petroleum products and that are regulated by the commission.
116-17 (13) [(12)] "Regulated substance" means an element,
116-18 compound, mixture, solution, or substance that, when released into
116-19 the environment, may present substantial danger to the public
116-20 health, welfare, or the environment.
116-21 (14) [(13)] "Release" means any spilling including
116-22 overfills, leaking, emitting, discharging, escaping, leaching, or
116-23 disposing from an underground or aboveground storage tank into
116-24 groundwater, surface water, or subsurface soils.
116-25 (15) [(14)] "Risk-based corrective action" means site
116-26 assessment or site remediation, the timing, type, and degree of
116-27 which is determined according to case-by-case consideration of
117-1 actual or potential risk to public health from environmental
117-2 exposure to a regulated substance released from a leaking
117-3 underground or aboveground storage tank.
117-4 (16) [(15)] "Spent oil" means a regulated substance
117-5 that is a lubricating oil or similar petroleum substance which has
117-6 been refined from crude oil, used for its designed or intended
117-7 purposes, and contaminated as a result of that use by physical or
117-8 chemical impurities, including spent motor vehicle lubricating
117-9 oils, transmission fluid, or brake fluid.
117-10 (17) [(16)] "Underground storage tank" means any one
117-11 or combination of underground tanks and any connecting underground
117-12 pipes used to contain an accumulation of regulated substances, the
117-13 volume of which, including the volume of the connecting underground
117-14 pipes, is 10 percent or more beneath the surface of the ground.
117-15 (18) [(17)] "Vehicle service and fueling facility"
117-16 means a facility where motor vehicles are serviced or repaired and
117-17 where petroleum products are stored and dispensed from fixed
117-18 equipment into the fuel tanks of motor vehicles.
117-19 SECTION 13.02. Sections 26.346(a) and (c), Water Code, are
117-20 amended to read as follows:
117-21 (a) An underground or aboveground storage tank must be
117-22 registered with the commission unless the tank is exempt from
117-23 regulation under Section 26.344 of this code or the tank is covered
117-24 under Subsection (b) of this section. The commission by rule shall
117-25 establish the procedures and requirements for establishing and
117-26 maintaining current registration information concerning underground
117-27 and aboveground storage tanks. The commission shall also require
118-1 that an owner or operator of an underground storage tank used for
118-2 storing motor fuels (as defined in commission rule) complete an
118-3 annual underground storage tank compliance certification form.
118-4 (c) The commission shall issue to each person who owns or
118-5 operates a petroleum storage tank that is registered under this
118-6 section a registration and compliance confirmation certificate that
118-7 includes a brief description of:
118-8 (1) the responsibility of the owner or operator under
118-9 Section 26.3512 of this code;
118-10 (2) the rights of the owner or operator to participate
118-11 in the petroleum storage tank remediation account and the
118-12 groundwater protection cleanup program established under this
118-13 subchapter; and
118-14 (3) the responsibility of the owner or operator of an
118-15 underground storage tank to accurately complete the part of the
118-16 registration form pertaining to the certification of compliance
118-17 with underground storage tank administrative requirements and
118-18 technical standards if the tank is used for storing motor fuels (as
118-19 defined in commission rule).
118-20 SECTION 13.03. Section 26.351, Water Code, is amended by
118-21 adding Subsections (f), (g), and (h) to read as follows:
118-22 (f) The person performing corrective action under this
118-23 section, if the release was reported to the commission on or before
118-24 December 22, 1998, shall meet the following deadlines:
118-25 (1) a complete site assessment and risk assessment
118-26 (including, but not limited to, risk-based criteria for
118-27 establishing target concentrations), as determined by the executive
119-1 director, must be received by the agency no later than September 1,
119-2 2002;
119-3 (2) a complete Corrective Action Plan, as determined
119-4 by the executive director and including, but not limited to,
119-5 completion of pilot studies and recommendation of a cost-effective
119-6 and technically appropriate remediation methodology, must be
119-7 received by the agency no later than September 1, 2003. The person
119-8 may, in lieu of this requirement, submit by this same deadline a
119-9 demonstration that a Corrective Action Plan is not required for the
119-10 site in question under commission rules. Such demonstration must
119-11 be to the executive director's satisfaction;
119-12 (3) for those sites found under Subdivision (2) to
119-13 require a Corrective Action Plan, that plan must be initiated and
119-14 proceeding according to the requirements and deadlines in the
119-15 approved plan no later than March 1, 2004;
119-16 (4) for sites which require either a Corrective Action
119-17 Plan or groundwater monitoring, a comprehensive and accurate annual
119-18 status report concerning those activities must be submitted to the
119-19 agency;
119-20 (5) for sites which require either a Corrective Action
119-21 Plan or groundwater monitoring, all deadlines set by the executive
119-22 director concerning the Corrective Action Plan or approved
119-23 groundwater monitoring plan shall be met; and
119-24 (6) site closure requests for all sites where the
119-25 executive director agreed in writing that no Corrective Action Plan
119-26 was required must be received by the agency no later than September
119-27 1, 2005. The request must be complete, as judged by the executive
120-1 director.
120-2 (g) For persons regulated under Subsection (f), their
120-3 failure to comply with any deadline listed in Subsection (f) is a
120-4 violation of this section, and the executive director may enforce
120-5 such a violation under Chapter 7 of this code. A missed deadline
120-6 that is the fault of the person, his agent, or contractor shall
120-7 also eliminate reimbursement eligibility as described by Section
120-8 26.3571(b). If it can be established to the executive director's
120-9 satisfaction that the deadline was not missed at the fault of the
120-10 person, his agent, or contractor, then reimbursement eligibility is
120-11 not affected under this subsection.
120-12 (h) A person's liability to perform corrective action under
120-13 this chapter is unrelated to any possible reimbursements the person
120-14 may be eligible for under Section 26.3571.
120-15 SECTION 13.04. Section 26.3512(b), Water Code, is amended to
120-16 read as follows:
120-17 (b) Funds from the petroleum storage tank remediation
120-18 account may not be used to pay, and the owner or operator of a
120-19 petroleum storage tank ordered by the commission to take corrective
120-20 action is responsible for payment of, the following:
120-21 (1) the owner or operator contribution described by
120-22 Subsections (e)-(k);
120-23 (2) any expenses for corrective action that exceed the
120-24 applicable amount specified by Section 26.3573(m);
120-25 (3) any expenses for corrective action that are not
120-26 covered by payment from the petroleum storage tank remediation
120-27 account under the rules or decisions of the commission under this
121-1 subchapter;
121-2 (4) any expenses for corrective action not ordered or
121-3 agreed to by the commission; [or]
121-4 (5) any expenses for corrective action incurred for
121-5 confirmed releases initially discovered and reported to the
121-6 commission after December 22, 1998; and
121-7 (6) any corrective action expenses for which
121-8 reimbursement is prohibited under Section 26.3571, 26.3573, or
121-9 26.361.
121-10 SECTION 13.05. Section 26.355(d), Water Code, is amended to
121-11 read as follows:
121-12 (d) If the commission uses money from the petroleum storage
121-13 tank remediation account for corrective action or enforcement and
121-14 if the costs are recovered under this section, the commission may
121-15 not recover more than the amount of the applicable owner or
121-16 operator contribution described by Section 26.3512[(e)] of this
121-17 code from an eligible owner or operator for corrective action for
121-18 each occurrence. However, this limitation is not applicable to
121-19 cost recovery actions initiated by the executive director at sites
121-20 where the executive director has determined that the owner or
121-21 operator is in violation of Section 26.351(f).
121-22 SECTION 13.06. Section 26.3571, Water Code, is amended by
121-23 amending Subsection (b) and adding Subsections (g) and (h) to read
121-24 as follows:
121-25 (b) To be an eligible owner or operator for purposes of this
121-26 subchapter, a person must not have missed any of the deadlines
121-27 described in Section 26.351(f) and must:
122-1 (1) be one of the following:
122-2 (A) an owner or operator of a petroleum storage
122-3 tank that is subject to regulation under this subchapter;
122-4 (B) an owner of land that can clearly prove that
122-5 the land has been contaminated by a release of petroleum products
122-6 from a petroleum storage tank that is subject to regulation under
122-7 this subchapter, whether or not the tank is still attached to that
122-8 land; or
122-9 (C) a lender that has a bona fide security or
122-10 lienhold interest in or mortgage lien on any property contaminated
122-11 by the release of petroleum products from a petroleum storage tank
122-12 subject to regulation under this subchapter, or that forecloses on
122-13 or receives an assignment or deed in lieu of foreclosure and
122-14 becomes the owner of such property;
122-15 (2) be in compliance with this subchapter as
122-16 determined by the commission; and
122-17 (3) meet qualifying criteria established by the
122-18 commission under Subsection (a) of this section.
122-19 (g) An otherwise eligible owner or operator who misses a
122-20 deadline referenced in Subsection (b) shall be considered
122-21 ineligible for reimbursement under this subchapter.
122-22 (h) Nothing in this section reduces the liability to perform
122-23 corrective action created under Section 26.351 and other parts of
122-24 this subchapter.
122-25 SECTION 13.07. Section 26.3572(b), Water Code, is amended to
122-26 read as follows:
122-27 (b) In administering the program, the commission shall:
123-1 (1) negotiate with or direct responsible parties in
123-2 site assessment and remediation matters using risk-based corrective
123-3 action;
123-4 (2) approve site-specific corrective action plans for
123-5 each site as necessary, using risk-based corrective action;
123-6 (3) review and inspect site assessment and remedial
123-7 activities and reports;
123-8 (4) use risk-based corrective action procedures as
123-9 determined by commission rule to establish cleanup levels;
123-10 (5) adopt by rule criteria for assigning a priority to
123-11 each site using risk-based corrective action and assign a priority
123-12 to each site according to those criteria;
123-13 (6) adopt by rule criteria for:
123-14 (A) risk-based corrective action site closures;
123-15 and
123-16 (B) the issuance of a closure letter to the
123-17 owner or operator of a tank site on completion of the commission's
123-18 corrective action requirements; and
123-19 (7) process claims for petroleum storage tank
123-20 remediation account disbursement in accordance with this
123-21 subchapter.
123-22 SECTION 13.08. Section 26.3573, Water Code, is amended by
123-23 amending Subsection (d) and by adding Subsections (r) and (s) to
123-24 read as follows:
123-25 (d) The commission may use the money in the petroleum
123-26 storage tank remediation account to pay:
123-27 (1) necessary expenses associated with the
124-1 administration of the petroleum storage tank remediation account
124-2 and the groundwater protection cleanup program, not to exceed an
124-3 amount equal to: 11.8 [6.7] percent of the gross receipts of that
124-4 account for FY 02/03; 16.40 percent of the gross receipts of that
124-5 account for FY 04/05; and 21.1 percent of the gross receipts of
124-6 that account for FY 06/07;
124-7 (2) expenses associated with investigation, cleanup,
124-8 or corrective action measures performed in response to a release or
124-9 threatened release from a petroleum storage tank, whether those
124-10 expenses are incurred by the commission or pursuant to a contract
124-11 between a contractor and an eligible owner or operator as
124-12 authorized by this subchapter; and
124-13 (3) subject to the conditions of Subsection (e) of
124-14 this section, expenses associated with investigation, cleanup, or
124-15 corrective action measures performed in response to a release or
124-16 threatened release of hydraulic fluid or spent oil from hydraulic
124-17 lift systems or tanks located at a vehicle service and fueling
124-18 facility and used as part of the operations of that facility.
124-19 (r) The petroleum storage tank remediation account may not
124-20 be used to reimburse any person for corrective action performed
124-21 after September 1, 2005.
124-22 (s) The petroleum storage tank remediation account may not
124-23 be used to reimburse any person for corrective action contained in
124-24 a reimbursement claim filed with the commission after March 1,
124-25 2006.
124-26 SECTION 13.09. Sections 26.3574(b), (x), (y), (z), and (aa),
124-27 Water Code, are amended to read as follows:
125-1 (b) A fee is imposed on the delivery of a petroleum product
125-2 on withdrawal from bulk of that product as provided by this
125-3 subsection. Each operator of a bulk facility on withdrawal from
125-4 bulk of a petroleum product shall collect from the person who
125-5 orders the withdrawal a fee in an amount determined as follows:
125-6 (1) $12.50 [$18.75] for each delivery into a cargo
125-7 tank having a capacity of less than 2,500 gallons for Fiscal Year
125-8 2002 and Fiscal Year 2003; $10 for each delivery into a cargo tank
125-9 having a capacity of less than 2,500 gallons for Fiscal Year 2004
125-10 and Fiscal Year 2005; $5 for each delivery into a cargo tank having
125-11 a capacity of less than 2,500 gallons for Fiscal Year 2006; and $2
125-12 for each delivery into a cargo tank having a capacity of less than
125-13 2,500 gallons for Fiscal Year 2007;
125-14 (2) $25 [$37.50] for each delivery into a cargo tank
125-15 having a capacity of 2,500 gallons or more but less than 5,000
125-16 gallons for Fiscal Year 2002 and Fiscal Year 2003; $20 for each
125-17 delivery into a cargo tank having a capacity of 2,500 gallons or
125-18 more but less than 5,000 gallons for Fiscal Year 2004 and Fiscal
125-19 Year 2005; $10 for each delivery into a cargo tank having a
125-20 capacity of 2,500 gallons or more but less than 5,000 gallons for
125-21 Fiscal Year 2006; and $4 for each delivery into a cargo tank having
125-22 a capacity of 2,500 gallons or more but less than 5,000 gallons for
125-23 Fiscal Year 2007;
125-24 (3) $37.50 [$56.25] for each delivery into a cargo
125-25 tank having a capacity of 5,000 gallons or more but less than 8,000
125-26 gallons for Fiscal Year 2002 and Fiscal Year 2003; $30 for each
125-27 delivery into a cargo tank having a capacity of 5,000 gallons or
126-1 more but less than 8,000 gallons for Fiscal Year 2004 and Fiscal
126-2 Year 2005; $15 for each delivery into a cargo tank having a
126-3 capacity of 5,000 gallons or more but less than 8,000 gallons for
126-4 Fiscal Year 2006; and $6 for each delivery into a cargo tank having
126-5 a capacity of 5,000 gallons or more but less than 8,000 gallons for
126-6 Fiscal Year 2007;
126-7 (4) $50 [$75] for each delivery into a cargo tank
126-8 having a capacity of 8,000 gallons or more but less than 10,000
126-9 gallons for Fiscal Year 2002 and Fiscal Year 2003; $40 for each
126-10 delivery into a cargo tank having a capacity of 8,000 gallons or
126-11 more but less than 10,000 gallons for Fiscal Year 2004 and Fiscal
126-12 Year 2005; $20 for each delivery into a cargo tank having a
126-13 capacity of 8,000 gallons or more but less than 10,000 gallons for
126-14 Fiscal Year 2006; and $8 for each delivery into a cargo tank having
126-15 a capacity of 8,000 gallons or more but less than 10,000 gallons
126-16 for Fiscal Year 2007; and
126-17 (5) a $25 [$37.50] fee for each increment of 5,000
126-18 gallons or any part thereof delivered into a cargo tank having a
126-19 capacity of 10,000 gallons or more for Fiscal Year 2002 and Fiscal
126-20 Year 2003; $20 for each increment of 5,000 gallons or any part
126-21 thereof delivered into a cargo tank having a capacity of 10,000
126-22 gallons or more for Fiscal Year 2004 and Fiscal Year 2005; $10 for
126-23 each increment of 5,000 gallons or any part thereof delivered into
126-24 a cargo tank having a capacity of 10,000 gallons or more for Fiscal
126-25 Year 2006; and $4 for each increment of 5,000 gallons or any part
126-26 thereof delivered into a cargo tank having a capacity of 10,000
126-27 gallons or more for Fiscal Year 2007.
127-1 (x) [After the deposits have been made to the credit of the
127-2 general revenue fund under Section 403.092(c)(1), Government Code,
127-3 as added by Chapter 533, Acts of the 73rd Legislature, 1993, the
127-4 fee imposed under this section may not be collected or required to
127-5 be paid on or after the first day of the second month following
127-6 notification by the commission of the date on which the unobligated
127-7 balance in the petroleum storage tank remediation account equals or
127-8 exceeds $100 million. The commission shall notify the comptroller
127-9 in writing of the date on which the unobligated balance equals or
127-10 exceeds $100 million.]
127-11 [(y) If the unobligated balance in the petroleum storage
127-12 tank remediation account falls below $25 million, the fee shall be
127-13 reinstated, effective on the first day of the second month
127-14 following notification by the commission, in amounts determined as
127-15 follows:]
127-16 [(1) $9.38 for each delivery into a cargo tank having
127-17 a capacity of less than 2,500 gallons;]
127-18 [(2) $18.75 for each delivery into a cargo tank having
127-19 a capacity of 2,500 gallons or more but less than 5,000 gallons;]
127-20 [(3) $28.13 for each delivery into a cargo tank having
127-21 a capacity of 5,000 gallons or more but less than 8,000 gallons;]
127-22 [(4) $37.50 for each delivery into a cargo tank having
127-23 a capacity of 8,000 gallons or more but less than 10,000 gallons;
127-24 and]
127-25 [(5) an $18.75 fee for each increment of 5,000 gallons
127-26 or any part thereof delivered into a cargo tank having a capacity
127-27 of 10,000 gallons or more.]
128-1 [(z) For purposes of Subsections (x) and (y) of this
128-2 section, the unobligated balance in the petroleum storage tank
128-3 remediation account shall be determined by subtracting from the
128-4 cash balance of the account at the end of each month the sum of the
128-5 total balances remaining on all contracts entered by the commission
128-6 or an eligible owner for corrective action plus the total estimates
128-7 made by the commission of allowable costs for corrective action
128-8 that are unpaid relating to all commission orders issued before
128-9 that date to enforce this subchapter.]
128-10 [(aa)] The commission shall report to the Legislative Budget
128-11 Board at the end of each fiscal quarter on the financial status of
128-12 the petroleum storage tank remediation account.
128-13 SECTION 13.10. Sections 26.359 and 26.361, Water Code, are
128-14 amended to read as follows:
128-15 Sec. 26.359. LOCAL REGULATION OR ORDINANCE. (a) In this
128-16 section, "local government" means a school district, county,
128-17 municipality, junior college district, river authority, water
128-18 district or other special district, or other political subdivision
128-19 created under the constitution or a statute of this state.
128-20 (b) A [This subchapter establishes a unified statewide
128-21 program for underground and surface water protection, and any
128-22 local] regulation or ordinance adopted by a local government that
128-23 imposes standards [is effective only to the extent the regulation
128-24 or ordinance does not conflict with the standards adopted] for the
128-25 design, construction, installation, or operation of underground
128-26 storage tanks is not valid [under this subchapter].
128-27 (c) This section does not apply to a regulation or ordinance
129-1 in effect as of January 1, 2001.
129-2 Sec. 26.361. EXPIRATION OF REIMBURSEMENT PROGRAM. [(a)]
129-3 Notwithstanding any other provision of this subchapter, the
129-4 reimbursement program established under this subchapter expires
129-5 September 1, 2006 [2003]. On or after September 1, 2006 [2003], the
129-6 commission may not use money from the petroleum storage tank
129-7 remediation account to reimburse an eligible owner or operator for
129-8 any expenses of corrective action or to pay the claim of a person
129-9 who has contracted with an eligible owner or operator to perform
129-10 corrective action.
129-11 [(b) On or after March 1, 2002, the commission may not
129-12 collect a fee under Section 26.3574 of this code.]
129-13 ARTICLE 14. LITTER AND WASTE; RECYCLING
129-14 SECTION 14.01. DEFINITIONS. In this article:
129-15 (1) "Commission" means the Texas Natural Resource
129-16 Conservation Commission.
129-17 (2) "Recycling" has the meaning assigned by Section
129-18 361.003, Health and Safety Code.
129-19 SECTION 14.02. STUDY AND REPORT. (a) In connection with
129-20 the commission's duties under Section 361.0151, Health and Safety
129-21 Code, the commission shall conduct a study to compare various
129-22 strategies to minimize litter and waste and to encourage recycling.
129-23 The commission shall analyze strategies used in other states,
129-24 including:
129-25 (1) bottle deposit laws and the impact of these laws
129-26 on litter reduction and recycling;
129-27 (2) voluntary and mandatory curbside recycling
130-1 programs and the impact of these programs on recycling;
130-2 (3) voluntary cleanup programs and the impact of these
130-3 programs on litter reduction; and
130-4 (4) other strategies that encourage litter reduction,
130-5 the collection of recyclable materials, and the development of
130-6 recycled products.
130-7 (b) The commission shall prepare a written report of the
130-8 findings of the study required by this section and submit the
130-9 report to the governor, lieutenant governor, and speaker of the
130-10 house of representatives not later than May 1, 2002.
130-11 SECTION 14.03. EXPIRATION. This article expires January 1,
130-12 2003.
130-13 ARTICLE 15. EMISSIONS REQUIREMENTS FOR VEHICLES IN FLEET
130-14 SECTION 15.01. Section 1232.104(a), Government Code, is
130-15 amended to read as follows:
130-16 (a) If the authority determines that a project is
130-17 financially viable and sufficient revenue is or will be available,
130-18 the authority may issue and sell obligations the proceeds of which
130-19 shall be used for the financing of:
130-20 (1) the conversion of state agency vehicles and other
130-21 sources of substantial energy output to an alternative fuel [under
130-22 Subchapter A, Chapter 2158];
130-23 (2) the construction, acquisition, or maintenance by
130-24 the commission of fueling stations supplying alternative fuels or
130-25 equipment enhancing the use of engine-driven technology to support
130-26 state agency vehicles and other energy applications that use an
130-27 alternative fuel;
131-1 (3) the conversion of school district motor vehicles
131-2 and other sources of substantial energy output to an alternative
131-3 fuel;
131-4 (4) the construction, acquisition, or maintenance by a
131-5 school district of fueling stations supplying alternative fuels or
131-6 equipment enhancing the use of engine-driven technology to support
131-7 school district motor vehicles and other energy applications that
131-8 use an alternative fuel;
131-9 (5) the conversion of local mass transit authority or
131-10 department motor vehicles and other sources of substantial energy
131-11 output to an alternative fuel [under Chapters 451, 452, and 453,
131-12 Transportation Code];
131-13 (6) the construction, acquisition, or maintenance of
131-14 fueling stations supplying alternative fuels or equipment enhancing
131-15 the use of engine-driven technology by a local mass transit
131-16 authority or department to support transit authority or department
131-17 vehicles and other energy applications that use an alternative
131-18 fuel;
131-19 (7) the conversion of motor vehicles and other sources
131-20 of substantial energy output of a county, a municipality, or a
131-21 public health district established under Chapter 121, [local
131-22 government, as defined by Section 382.003,] Health and Safety Code,
131-23 to an alternative fuel [under Section 382.134, Health and Safety
131-24 Code];
131-25 (8) the conversion of motor vehicles and other sources
131-26 of substantial energy output of a hospital district or authority, a
131-27 housing authority, or a district or authority created under Section
132-1 52, Article III, Texas Constitution, or Section 59, Article XVI,
132-2 Texas Constitution, to an alternative fuel;
132-3 (9) the construction, acquisition, or maintenance of
132-4 fueling stations supplying alternative fuels or equipment enhancing
132-5 the use of engine-driven technology to support motor vehicles and
132-6 other energy applications that use an alternative fuel by a county,
132-7 a municipality, or an entity described by Subdivision (8); or
132-8 (10) a joint venture between the private sector and a
132-9 state agency or political subdivision that is required under law to
132-10 use an alternative fuel in the agency's or subdivision's vehicles
132-11 or other energy applications to:
132-12 (A) convert vehicles or other sources of
132-13 substantial energy output to an alternative fuel;
132-14 (B) develop fueling stations and resources for
132-15 the supply of alternative fuels and engine-driven applications;
132-16 (C) aid in the distribution of alternative
132-17 fuels; and
132-18 (D) engage in other projects to facilitate the
132-19 use of alternative fuels.
132-20 SECTION 15.02. Section 2171.103(b), Government Code, is
132-21 amended to read as follows:
132-22 (b) The office may:
132-23 (1) establish centralized refueling stations
132-24 throughout the state;
132-25 (2) operate regional conversion and repair facilities;
132-26 and
132-27 (3) provide all services and support necessary to
133-1 expedite the use of compressed natural gas or other alternative
133-2 fuels by state agencies [as required by Subchapter A, Chapter
133-3 2158].
133-4 SECTION 15.03. Chapter 382, Health and Safety Code, is
133-5 amended by adding Subchapter G to read as follows:
133-6 SUBCHAPTER G. TEXAS CLEAN FLEET PROGRAM
133-7 Sec. 382.151. DEFINITIONS. In this subchapter:
133-8 (1) "Affected area" means the following counties:
133-9 Anderson, Angelina, Aransas, Atascosa, Austin, Bastrop, Bee, Bell,
133-10 Bexar, Bosque, Bowie, Brazoria, Brazos, Burleson, Caldwell,
133-11 Calhoun, Camp, Cass, Chambers, Cherokee, Collin, Colorado, Comal,
133-12 Cooke, Coryell, Dallas, De Witt, Delta, Denton, Ellis, El Paso,
133-13 Falls, Fannin, Fayette, Fort Bend, Franklin, Freestone, Galveston,
133-14 Goliad, Gonzales, Grayson, Gregg, Grimes, Guadalupe, Hardin,
133-15 Harris, Harrison, Hays, Henderson, Hill, Hood, Hopkins, Houston,
133-16 Hunt, Jackson, Jasper, Jefferson, Johnson, Karnes, Kaufman, Lamar,
133-17 Lavaca, Lee, Leon, Liberty, Limestone, Live Oak, Madison, Marion,
133-18 Matagorda, McLennan, Milam, Montgomery, Morris, Nacogdoches,
133-19 Navarro, Newton, Nueces, Orange, Panola, Parker, Polk, Rains, Red
133-20 River, Refugio, Robertson, Rockwall, Rusk, Sabine, San Jacinto, San
133-21 Patricio, San Augustine, Shelby, Smith, Somervell, Tarrant, Titus,
133-22 Travis, Trinity, Tyler, Upshur, Van Zandt, Victoria, Walker,
133-23 Waller, Washington, Wharton, Williamson, Wilson, Wise, and Wood.
133-24 (2) "Annually" means the 12-month period from
133-25 September 1 through August 31.
133-26 (3) "Lease" means the exclusive use and control of a
133-27 motor vehicle pursuant to a contractual agreement for a term of 120
134-1 days or more for consideration.
134-2 (4) "Local government" means a school district,
134-3 county, municipality, junior college district, river authority, or
134-4 any other special district, or political subdivision created under
134-5 the constitution or a statute of this state. The term does not
134-6 include a mass transit authority or a state agency.
134-7 (5) "Mass transit authority" means a transportation or
134-8 transit authority or a department established under Chapter 451,
134-9 452, 453, or 457, Transportation Code, that operates a mass transit
134-10 system.
134-11 (6) "Motor vehicle" means a self-propelled device
134-12 designed to transport persons or property on a highway that is
134-13 required to be registered under Chapter 502, Transportation Code,
134-14 and that has a gross vehicle weight rating of 10,000 pounds or
134-15 less. The term does not include:
134-16 (A) a motor vehicle used exclusively for law
134-17 enforcement or emergency purposes;
134-18 (B) a motor vehicle used in the maintenance or
134-19 repair of underground mass transit facilities that is required by
134-20 federal law to operate on diesel fuel;
134-21 (C) a motor vehicle used for manufacturer
134-22 product evaluations or tests, including a motor vehicle owned or
134-23 held by a university research department, independent testing
134-24 laboratory, another evaluation facility, or a state agency whose
134-25 primary purpose is to evaluate performance of motor vehicles for
134-26 engineering, research, and development or quality control reasons;
134-27 or
135-1 (D) a motor vehicle held for sale by a motor
135-2 vehicle dealer, including a demonstration vehicle.
135-3 (7) "State agency" means a board, commission,
135-4 department, office, agency, institution of higher education, or
135-5 other governmental entity in the executive, judicial, or
135-6 legislative branch of state government.
135-7 Sec. 382.152. APPLICABILITY. This subchapter applies only
135-8 to:
135-9 (1) a state agency that owns, operates, or leases a
135-10 fleet of 15 or more motor vehicles in this state;
135-11 (2) a local government that owns, operates, or leases
135-12 a fleet of 25 or more motor vehicles in an affected area;
135-13 (3) a mass transit authority that owns, operates, or
135-14 leases a fleet of 25 or more vehicles in an affected area; or
135-15 (4) any other person who owns, operates, or leases a
135-16 fleet of 25 or more motor vehicles.
135-17 Sec. 382.153. PURCHASING AND LEASING REQUIREMENTS. (a) The
135-18 following percentages of motor vehicles purchased or leased
135-19 annually by a state agency, mass transit authority, local
135-20 government, or other person may not exceed an average of oxides of
135-21 nitrogen standards of bin 3, 40 C.F.R. 86.1811-04 as published in
135-22 the February 10, 2000, Federal Register for Tier 2 exhaust emission
135-23 standards:
135-24 (1) 25 percent of vehicles purchased or leased on or
135-25 after September 1, 2003;
135-26 (2) 50 percent of vehicles purchased or leased on or
135-27 after September 1, 2004;
136-1 (3) 65 percent of vehicles purchased or leased on or
136-2 after September 1, 2005;
136-3 (4) 80 percent of vehicles purchased or leased on or
136-4 after September 1, 2006;
136-5 (5) 90 percent of vehicles purchased or leased on or
136-6 after September 1, 2007; and
136-7 (6) 100 percent of vehicles purchased or leased on or
136-8 after September 1, 2008.
136-9 (b) A state agency, mass transit authority, local
136-10 government, or other person may purchase or lease a motor vehicle
136-11 that is converted to a fuel or power source other than gasoline or
136-12 diesel to satisfy the percentage requirements under this section.
136-13 (c) All motor vehicles purchased or leased under this
136-14 section must be certified to meet the federal Tier 2 exhaust
136-15 emission bin standards.
136-16 (d) The commission may waive the requirements of this
136-17 section or reduce the percentage requirements of this section if:
136-18 (1) the state agency, mass transit authority, local
136-19 government, or any other person demonstrates by evidence acceptable
136-20 to the commission that motor vehicles that meet the specific
136-21 average exhaust emission standard for oxides of nitrogen under
136-22 Subsection (a) are not available for purchase or lease in this
136-23 state; or
136-24 (2) a mass transit authority demonstrates by evidence
136-25 acceptable to the commission that complying with the requirements
136-26 would unduly compromise a public transportation alternative that
136-27 reduces motor vehicle miles traveled.
137-1 Sec. 382.154. ADOPTION OF RULES. The commission shall adopt
137-2 rules to implement this subchapter.
137-3 Sec. 382.155. REPORTING REQUIREMENTS. The commission by rule
137-4 shall require each state agency, mass transit authority, local
137-5 government, or other person to whom this subchapter applies to
137-6 maintain records and submit reports to demonstrate compliance with
137-7 this subchapter.
137-8 Sec. 382.156. RELATIONSHIP TO OTHER LAW. This subchapter
137-9 does not require the purchase or lease of a motor vehicle in
137-10 violation of the alternative fuel transportation program under the
137-11 Energy Policy Act of 1992 (Pub. L. No. 102-486), as amended, or any
137-12 other applicable federal or state law.
137-13 SECTION 15.04. Section 113.287(e), Natural Resources Code, is
137-14 amended to read as follows:
137-15 (e) A state agency, county, municipality, school district,
137-16 or mass transit authority or department is eligible to receive a
137-17 loan, grant, or other disbursement under this subchapter to carry
137-18 out an eligible conversion or infrastructure project regarding LPG
137-19 or another environmentally beneficial fuel [to comply with fuel
137-20 requirements provided by or by rules adopted under:]
137-21 [(1) Subchapter F, Chapter 382, Health and Safety
137-22 Code;]
137-23 [(2) Subchapter A, Chapter 2158, Government Code;]
137-24 [(3) Subchapter C, Chapter 2171, Government Code;]
137-25 [(4) Subchapter G, Chapter 451, Transportation Code;]
137-26 [(5) Subchapter F, Chapter 452, Transportation Code;
137-27 or]
138-1 [(6) Subchapter F, Chapter 453, Transportation Code].
138-2 SECTION 15.05. Section 5.178(b), Water Code, is amended to
138-3 read as follows:
138-4 (b) The report due by December 1 of an even-numbered year
138-5 must [shall] include, in addition:
138-6 (1) the commission's recommendations for necessary and
138-7 desirable legislation; and
138-8 (2) the following reports:
138-9 (A) the assessments and reports required by
138-10 Sections 361.0219(c), 361.0232, [361.485,] 361.510, and 371.063,
138-11 [and 382.141,] Health and Safety Code; and
138-12 (B) the reports required by Section 26.0135(d)
138-13 of this code and Section 5.02, Chapter 133, Acts of the 69th
138-14 Legislature, Regular Session, 1985.
138-15 SECTION 15.06. The following laws are repealed:
138-16 (1) Subchapter A, Chapter 2158, Government Code;
138-17 (2) Subchapter F, Chapter 382, Health and Safety Code;
138-18 (3) Subchapter G, Chapter 451, Transportation Code;
138-19 (4) Subchapter F, Chapter 452, Transportation Code;
138-20 (5) Subchapter F, Chapter 453, Transportation Code;
138-21 and
138-22 (6) Subchapter E, Chapter 457, Transportation Code.
138-23 SECTION 15.07. The Texas Natural Resource Conservation
138-24 Commission shall examine the feasibility and effectiveness of fleet
138-25 program requirements similar to the requirements under Subchapter
138-26 G, Chapter 382, Health and Safety Code, as added by this article,
138-27 for motor vehicles that have a gross vehicle weight rating of more
139-1 than 10,000 pounds. The commission shall report its findings and
139-2 recommendations to the legislature by December 1, 2002.
139-3 SECTION 15.08. (a) Except as otherwise provided by this
139-4 section, this article takes effect September 1, 2001.
139-5 (b) The sections of this article that amend Sections
139-6 1232.104(a) and 2171.103(b), Government Code, Section 113.287(e),
139-7 Natural Resources Code, and Section 5.178(b), Water Code, take
139-8 effect September 1, 2003.
139-9 (c) The section of this article that repeals certain
139-10 statutes takes effect September 1, 2003.
139-11 ARTICLE 16. REGULATION OF AIR POLLUTION
139-12 SECTION 16.01. Section 382.019(a), Health and Safety Code,
139-13 is amended to read as follows:
139-14 (a) Except as provided by Section 382.037(g), or another
139-15 provision of this chapter, the [The] commission by rule may provide
139-16 requirements concerning the particular method to be used to control
139-17 and reduce emissions from engines used to propel land vehicles.
139-18 SECTION 16.02. Section 382.037, Health and Safety Code, is
139-19 amended by amending Subsection (g) and adding Subsections (h) and
139-20 (i) to read as follows:
139-21 (g) The commission may not establish, before January 1,
139-22 2004, vehicle fuel content standards to provide for vehicle fuel
139-23 content for clean motor vehicle fuels for any area of the state
139-24 that are more stringent or restrictive [other] than those standards
139-25 promulgated by the United States Environmental Protection Agency
139-26 applicable to that area except as provided in Subsection (h) unless
139-27 the fuel is specifically authorized by the legislature [or unless
140-1 it is demonstrated to be necessary for the attainment of federal
140-2 ozone ambient air quality standards or, following appropriate
140-3 health studies and in consultation with the Texas Department of
140-4 Health, it is determined to be necessary for the protection of
140-5 public health].
140-6 (h) The commission may not require the distribution of Texas
140-7 low-emission diesel as described in revisions to the State
140-8 Implementation Plan for the control of ozone air pollution prior to
140-9 February 1, 2005.
140-10 (i) The commission may consider, as an alternative method of
140-11 compliance with Subsection (h), fuels to achieve equivalent
140-12 emissions reductions.
140-13 SECTION 16.03. Section 382.039(a), Health and Safety Code,
140-14 is amended to read as follows:
140-15 (a) Except as provided by Section 382.037(g) or another
140-16 provision of this chapter, the [The] commission shall coordinate
140-17 with federal, state, and local transportation planning agencies to
140-18 develop and implement transportation programs and other measures
140-19 necessary to demonstrate and maintain attainment of national
140-20 ambient air quality standards and to protect the public from
140-21 exposure to hazardous air contaminants from motor vehicles.
140-22 SECTION 16.04. The changes in law made by this Act do not
140-23 apply to fuel standards adopted by the Texas Natural Conservation
140-24 Commission before September 1, 2000.
140-25 SECTION 16.05. Subchapter C, Chapter 382, Health and Safety
140-26 Code, is amended by adding Section 382.05151 to read as follows:
140-27 Sec. 382.05151. EFFECT OF PERMIT ON RESEARCH BY INSTITUTIONS
141-1 OF HIGHER EDUCATION. In issuing a permit under this chapter, the
141-2 commission shall consider the effects emissions from the facility
141-3 under the proposed permit may have on research being conducted by
141-4 an accredited institution of higher education.
141-5 ARTICLE 17. CONFORMING AMENDMENTS
141-6 SECTION 17.01. Section 5.174(a), Water Code, is amended to
141-7 read as follows:
141-8 (a) Except as otherwise specifically provided by this code
141-9 and subject to the specific limitations provided by this code, on
141-10 application of any person the commission shall furnish certified or
141-11 other copies of any proceeding or other official record or of any
141-12 map, paper, or document filed with the commission. A certified
141-13 copy with the seal of the commission and the signature of the
141-14 presiding officer [chairman] of the commission or the executive
141-15 director or chief clerk is admissible as evidence in any court or
141-16 administrative proceeding.
141-17 SECTION 17.02. Section 11.085, Water Code, as it exists after
141-18 the transfer and redesignation of Subsections (f)-(i) by this Act,
141-19 is amended by amending Subsection (d) and relettering Subsections
141-20 (j)-(v) as Subsections (f)-(r) to read as follows:
141-21 (d) Prior to taking action on an application for an
141-22 interbasin transfer, the commission shall conduct at least one
141-23 public meeting to receive comments in both the basin of origin of
141-24 the water proposed for transfer and the basin receiving water from
141-25 the proposed transfer. Notice shall be provided pursuant to
141-26 Section 5.652 [Subsection (g) of this section]. Any person may
141-27 present relevant information and data at the meeting on the
142-1 criteria which the commission is to consider related to the
142-2 interbasin transfer.
142-3 (f) [(j)] In addition to other requirements of this code
142-4 relating to the review of and action on an application for a new
142-5 water right or amended permit, certified filing, or certificate of
142-6 adjudication, the commission shall:
142-7 (1) request review and comment on an application for
142-8 an interbasin transfer from each county judge of a county located
142-9 in whole or in part in the basin of origin. A county judge should
142-10 make comment only after seeking advice from the county
142-11 commissioners court; and
142-12 (2) give consideration to the comments of each county
142-13 judge of a county located in whole or in part in the basin of
142-14 origin prior to taking action on an application for an interbasin
142-15 transfer.
142-16 (g) [(k)] In addition to other requirements of this code
142-17 relating to the review of and action on an application for a new
142-18 water right or amended permit, certified filing, or certificate of
142-19 adjudication, the commission shall weigh the effects of the
142-20 proposed transfer by considering:
142-21 (1) the need for the water in the basin of origin and
142-22 in the proposed receiving basin based on the period for which the
142-23 water supply is requested, but not to exceed 50 years;
142-24 (2) factors identified in the applicable approved
142-25 regional water plans which address the following:
142-26 (A) the availability of feasible and practicable
142-27 alternative supplies in the receiving basin to the water proposed
143-1 for transfer;
143-2 (B) the amount and purposes of use in the
143-3 receiving basin for which water is needed;
143-4 (C) proposed methods and efforts by the
143-5 receiving basin to avoid waste and implement water conservation and
143-6 drought contingency measures;
143-7 (D) proposed methods and efforts by the
143-8 receiving basin to put the water proposed for transfer to
143-9 beneficial use;
143-10 (E) the projected economic impact that is
143-11 reasonably expected to occur in each basin as a result of the
143-12 transfer; and
143-13 (F) the projected impacts of the proposed
143-14 transfer that are reasonably expected to occur on existing water
143-15 rights, instream uses, water quality, aquatic and riparian habitat,
143-16 and bays and estuaries that must be assessed under Sections 11.147,
143-17 11.150, and 11.152 of this code in each basin. If the water sought
143-18 to be transferred is currently authorized to be used under an
143-19 existing permit, certified filing, or certificate of adjudication,
143-20 such impacts shall only be considered in relation to that portion
143-21 of the permit, certified filing, or certificate of adjudication
143-22 proposed for transfer and shall be based on historical uses of the
143-23 permit, certified filing, or certificate of adjudication for which
143-24 amendment is sought;
143-25 (3) proposed mitigation or compensation, if any, to
143-26 the basin of origin by the applicant;
143-27 (4) the continued need to use the water for the
144-1 purposes authorized under the existing permit, certified filing, or
144-2 certificate of adjudication, if an amendment to an existing water
144-3 right is sought; and
144-4 (5) the information required to be submitted by the
144-5 applicant.
144-6 (h) [(l)] The commission may grant, in whole or in part, an
144-7 application for an interbasin transfer only to the extent that:
144-8 (1) the detriments to the basin of origin during the
144-9 proposed transfer period are less than the benefits to the
144-10 receiving basin during the proposed transfer period; and
144-11 (2) the applicant for the interbasin transfer has
144-12 prepared a drought contingency plan and has developed and
144-13 implemented a water conservation plan that will result in the
144-14 highest practicable levels of water conservation and efficiency
144-15 achievable within the jurisdiction of the applicant.
144-16 (i) [(m)] The commission may grant new or amended water
144-17 rights under this section with or without specific terms or periods
144-18 of use and with specific conditions under which a transfer of water
144-19 may occur.
144-20 (j) [(n)] If the transfer of water is based on a contractual
144-21 sale of water, the new water right or amended permit, certified
144-22 filing, or certificate of adjudication authorizing the transfer
144-23 shall contain a condition for a term or period not greater than the
144-24 contract term.
144-25 (k) [(o)] The parties to a contract for an interbasin
144-26 transfer may include provisions for compensation and mitigation.
144-27 If the party from the basin of origin is a government entity, each
145-1 county judge of a county located in whole or in part in the basin
145-2 of origin may provide input on the appropriate compensation and
145-3 mitigation for the interbasin transfer.
145-4 (l) [(p)] For the purposes of this section, a basin is
145-5 designated as provided in accordance with Section 16.051 of this
145-6 code. A basin may not be redesignated in order to allow a transfer
145-7 or diversion of water otherwise in violation of this section.
145-8 (m) [(q)] A person who takes or diverts water in violation
145-9 of this section is guilty of a misdemeanor and upon conviction is
145-10 punishable by a fine of not more than $1,000 or by confinement in
145-11 the county jail for not more than six months.
145-12 (n) [(r)] A person commits a separate offense each day he
145-13 continues to take or divert water in violation of this section.
145-14 (o) [(s)] Any proposed transfer of all or a portion of a
145-15 water right under this section is junior in priority to water
145-16 rights granted before the time application for transfer is accepted
145-17 for filing.
145-18 (p) [(t)] Any proposed transfer of all or a portion of a
145-19 water right under this section from a river basin in which two or
145-20 more river authorities or water districts created under Section 59,
145-21 Article XVI, Texas Constitution, have written agreements or permits
145-22 that provide for the coordinated operation of their respective
145-23 reservoirs to maximize the amount of water for beneficial use
145-24 within their respective water services areas shall be junior in
145-25 priority to water rights granted before the time application for
145-26 transfer is accepted for filing.
145-27 (q) [(u)] An appropriator of water for municipal purposes in
146-1 the basin of origin may, at the appropriator's option, be a party
146-2 in any hearings under this section.
146-3 (r) [(v)] The provisions of this section, except Subsection
146-4 (a), do not apply to:
146-5 (1) a proposed transfer which in combination with any
146-6 existing transfers totals less than 3,000 acre-feet of water per
146-7 annum from the same permit, certified filing, or certificate of
146-8 adjudication;
146-9 (2) a request for an emergency transfer of water;
146-10 (3) a proposed transfer from a basin to its adjoining
146-11 coastal basin; or
146-12 (4) a proposed transfer from a basin to a county or
146-13 municipality or the municipality's retail service area that is
146-14 partially within the basin for use in that part of the county or
146-15 municipality and the municipality's retail service area not within
146-16 the basin.
146-17 SECTION 17.03. Section 11.132, Water Code, as it exists after
146-18 the transfer and redesignation of Subsections (a)-(c) by this Act,
146-19 is amended by adding new Subsections (a) and (b), relettering
146-20 existing Subsection (f) as Subsection (c), and amending existing
146-21 Subsection (f) to read as follows:
146-22 (a) Notice shall be given of an application for
146-23 authorization to appropriate unappropriated state water as
146-24 prescribed by Section 5.653. The commission, on the motion of a
146-25 commissioner or on the request of the executive director or any
146-26 affected person, shall hold a public hearing on the application.
146-27 (b) The commission may act on the application without
147-1 holding a public hearing if notice has been given as provided by
147-2 Section 5.654 and, within 30 days after the date notice is
147-3 published under Section 5.654(a), a public hearing has not been
147-4 requested in writing by a commissioner, the executive director, or
147-5 an affected person who objects to the application.
147-6 (c) [(f)] If, on the date specified in the notice prescribed
147-7 by Section 5.653(c) [Subsection (c) of this section], the
147-8 commission determines that a public hearing must be held, the
147-9 matter shall be remanded for hearing without the necessity of
147-10 issuing further notice other than advising all parties of the time
147-11 and place where the hearing is to convene.
147-12 SECTION 17.04. Section 11.139(g), Water Code, is amended to
147-13 read as follows:
147-14 (g) The requirements of Sections 5.653 and 5.654 [Section
147-15 11.132 of this code] relating to the time for notice, newspaper
147-16 notice, and method of giving a person notice do not apply to a
147-17 hearing held on an application for an emergency authorization under
147-18 this section, but such general notice of the hearing shall be given
147-19 as the commission, under Subsections (c) and (e) [of this section],
147-20 considers practicable under the circumstances.
147-21 SECTION 17.05. Section 11.143, Water Code, as it exists after
147-22 the transfer and redesignation of Subsections (d)-(f) by this Act,
147-23 is amended by adding a new Subsection (d), relettering existing
147-24 Subsections (g)-(i) as Subsections (e)-(g), and amending existing
147-25 Subsection (g) to read as follows:
147-26 (d) Except as otherwise specifically provided by this
147-27 subsection, before the commission may approve an application and
148-1 issue a permit to use water from a dam or reservoir exempted under
148-2 Section 11.142 for a purpose other than domestic or livestock use,
148-3 it shall give notice as prescribed by Section 5.655 and hold a
148-4 hearing as prescribed by this section. The commission may act on
148-5 the application without holding a public hearing if the applicant
148-6 publishes the commission's notice as required by Section 5.656.
148-7 (e) [(g)] If on the date specified in the notice prescribed
148-8 by Section 5.656 [Subsection (d) of this section,] the commission
148-9 determines that a public hearing must be held, the matter shall be
148-10 remanded for hearing without the necessity of issuing further
148-11 notice other than advising all parties of the time and place where
148-12 the hearing is to convene.
148-13 (f) [(h)] The applicant shall pay the filing fee prescribed
148-14 by Section 12.111(b) of this code at the time he files the
148-15 application.
148-16 (g) [(i)] The commission shall approve the application and
148-17 issue the permit as applied for in whole or part if it determines
148-18 that:
148-19 (1) there is unappropriated water in the source of
148-20 supply;
148-21 (2) the applicant has met the requirements of this
148-22 section;
148-23 (3) the water is to be used for a beneficial purpose;
148-24 (4) the proposed use is not detrimental to the public
148-25 welfare or to the welfare of the locality; and
148-26 (5) the proposed use will not impair existing water
148-27 rights.
149-1 SECTION 17.06. Section 11.323(a), Water Code, is amended to
149-2 read as follows:
149-3 (a) When a final determination of the rights to the waters
149-4 of a stream has been made in accordance with the procedure provided
149-5 in this subchapter and the time for a rehearing has expired, the
149-6 commission shall issue to each person adjudicated a water right a
149-7 certificate of adjudication, signed by the presiding officer of the
149-8 commission [chairman] and bearing the seal of the commission.
149-9 SECTION 17.07. Sections 26.0135(a) and (b), Water Code, are
149-10 amended to read as follows:
149-11 (a) To ensure clean water, the commission shall establish
149-12 the strategic and comprehensive monitoring of water quality and the
149-13 periodic assessment of water quality in each watershed and river
149-14 basin of the state. In order to conserve public funds and avoid
149-15 duplication of effort, subject to adequate funding under Section
149-16 26.0291 [Subsection (h)], river authorities shall, to the greatest
149-17 extent possible and under the supervision of the commission,
149-18 conduct water quality monitoring and assessments in their own
149-19 watersheds. Watershed monitoring and assessments involving
149-20 agricultural or silvicultural nonpoint source pollution shall be
149-21 coordinated through the State Soil and Water Conservation Board
149-22 with local soil and water conservation districts. The water
149-23 quality monitoring and reporting duties under this section apply
149-24 only to a river authority that has entered into an agreement with
149-25 the commission to perform those duties. The commission, either
149-26 directly or through cooperative agreements and contracts with local
149-27 governments, shall conduct monitoring and assessments of watersheds
150-1 where a river authority is unable to perform an adequate assessment
150-2 of its own watershed. The monitoring program shall provide data to
150-3 identify significant long-term water quality trends, characterize
150-4 water quality conditions, support the permitting process, and
150-5 classify unclassified waters. The commission shall consider
150-6 available monitoring data and assessment results in developing or
150-7 reviewing wastewater permits and stream standards and in conducting
150-8 other water quality management activities. The assessment must
150-9 include a review of wastewater discharges, nonpoint source
150-10 pollution, nutrient loading, toxic materials, biological health of
150-11 aquatic life, public education and involvement in water quality
150-12 issues, local and regional pollution prevention efforts, and other
150-13 factors that affect water quality within the watershed. The
150-14 monitoring and assessment required by this section is a continuing
150-15 duty, and the monitoring and assessment shall be periodically
150-16 revised to show changes in the factors subject to assessment.
150-17 (b) In order to assist in the coordination and development
150-18 of assessments and reports required by this section, a river
150-19 authority shall organize and lead a basin-wide steering committee
150-20 that includes persons paying fees under Section 26.0291 [Subsection
150-21 (h)], private citizens, the State Soil and Water Conservation
150-22 Board, representatives from other appropriate state agencies,
150-23 political subdivisions, and other persons with an interest in water
150-24 quality matters of the watershed or river basin. Based on
150-25 committee and public input, each steering committee shall develop
150-26 water quality objectives and priorities that are achievable
150-27 considering the available technology and economic impact. The
151-1 objectives and priorities shall be used to develop work plans and
151-2 allocate available resources under Section 26.0291 [Subsection
151-3 (h)]. Each committee member shall help identify significant water
151-4 quality issues within the basin and shall make available to the
151-5 river authority all relevant water quality data held by the
151-6 represented entities. A river authority shall also develop a
151-7 public input process that provides for meaningful comments and
151-8 review by private citizens and organizations on each basin summary
151-9 report. A steering committee established by the commission to
151-10 comply with this subsection in the absence of a river authority or
151-11 other qualified local government is not subject to Chapter 2110,
151-12 Government Code [Article 6252-33, Revised Statutes].
151-13 SECTION 17.08. Section 26.0135(d), Water Code, as amended by
151-14 Chapters 101 and 1082, Acts of the 75th Legislature, Regular
151-15 Session, 1997, is reenacted and amended to read as follows:
151-16 (d) In the appropriate year of the cycle provided by
151-17 commission rules adopted to implement Section 26.0285, each river
151-18 authority shall submit a written summary report to the commission,
151-19 State Soil and Water Conservation Board, and Parks and Wildlife
151-20 Department on the water quality assessment of the authority's
151-21 watershed. The summary report must identify concerns relating to
151-22 the watershed or bodies of water, including an identification of
151-23 bodies of water with impaired or potentially impaired uses, the
151-24 cause and possible source of use impairment, and recommended
151-25 actions the commission may take to address those concerns. The
151-26 summary report must discuss the public benefits from the water
151-27 quality monitoring and assessment program, including efforts to
152-1 increase public input in activities related to water quality and
152-2 the effectiveness of targeted monitoring in assisting the
152-3 permitting process. A river authority shall submit a summary
152-4 report after the report has been approved by the basin steering
152-5 committee and coordinated with the public and the commission. A
152-6 river authority shall hold basin steering committee meetings and
152-7 shall invite users of water and wastewater permit holders in the
152-8 watershed who pay fees under Section 26.0291 [Subsection (h)] to
152-9 review the draft of the work plans and summary report. A river
152-10 authority shall inform those parties of the availability and
152-11 location of the summary report for inspection and shall solicit
152-12 input from those parties concerning their satisfaction with or
152-13 suggestions for modification of the summary report for the
152-14 watershed, the operation or effectiveness of the watershed
152-15 monitoring and assessment program authorized by this section, and
152-16 the adequacy, use, or equitable apportionment of the program's
152-17 costs and funds. A river authority shall summarize all comments
152-18 received from persons who pay fees under Section 26.0291
152-19 [Subsection (h)] and from steering committee members and shall
152-20 submit the report and the summaries to the governor, the lieutenant
152-21 governor, and the speaker of the house of representatives not later
152-22 than the 90th day after the date the river authority submits the
152-23 summary report to the commission and other agencies.
152-24 SECTION 17.09. Section 26.022, Water Code, as it exists after
152-25 the transfer and redesignation of Subsections (b) and (c) by this
152-26 Act, is amended by amending Subsection (a), relettering existing
152-27 Subsections (d) and (e) as Subsections (b) and (c), and amending
153-1 existing Subsections (d) and (e) to read as follows:
153-2 (a) Except as otherwise provided in Sections 5.501, 5.504,
153-3 5.509, and 26.176, the provisions of this section and of Section
153-4 5.658 apply to all hearings conducted in compliance with this
153-5 chapter.
153-6 (b) [(d)] The individual or individuals holding the hearing,
153-7 called the hearing body, shall conduct the hearing at the time and
153-8 place stated in the notice given under Section 5.655. The hearing
153-9 body may continue the hearing from time to time and from place to
153-10 place without the necessity of publishing, serving, mailing, or
153-11 otherwise issuing a new notice.
153-12 (c) [(e)] If a hearing is continued and a time and place for
153-13 the hearing to reconvene are not publicly announced by the person
153-14 conducting the hearing at the hearing before it is recessed, a
153-15 notice of any further setting of the hearing shall be served
153-16 personally or mailed in the manner prescribed by Section 5.658(b)
153-17 [in Subsection (c) of this section] at a reasonable time before the
153-18 new setting, but it is not necessary to publish a newspaper notice
153-19 of the new setting.
153-20 SECTION 17.10. Section 26.028, Water Code, as it exists after
153-21 the transfer and redesignation of Subsections (a), (b), (e), and
153-22 (g) by this Act, is amended by adding a new Subsection (a),
153-23 relettering existing Subsections (c) and (d) as Subsections (b) and
153-24 (c), amending existing Subsection (d), adding a new Subsection (d),
153-25 relettering existing Subsection (f) as Subsection (e), and adding a
153-26 new Subsection (f) to read as follows:
153-27 (a) Notice of an application for and a hearing on an
154-1 application for a permit, permit amendment, or permit renewal shall
154-2 be given as required by Section 5.659.
154-3 (b) [(c)] Except as otherwise provided by this section, the
154-4 commission, on the motion of a commissioner, or on the request of
154-5 the executive director or any affected person, shall hold a public
154-6 hearing on the application for a permit, permit amendment, or
154-7 renewal of a permit.
154-8 (c) [(d)] Notwithstanding any other provision of this
154-9 chapter, the commission, at a regular meeting without the necessity
154-10 of holding a public hearing, may approve an application to renew or
154-11 amend a permit if:
154-12 (1) the applicant is not applying to:
154-13 (A) increase significantly the quantity of waste
154-14 authorized to be discharged; or
154-15 (B) change materially the pattern or place of
154-16 discharge;
154-17 (2) the activities to be authorized by the renewed or
154-18 amended permit will maintain or improve the quality of waste
154-19 authorized to be discharged;
154-20 (3) for NPDES permits, notice and the opportunity to
154-21 request a public meeting shall be given in compliance with NPDES
154-22 program requirements, and the commission shall consider and respond
154-23 to all timely received and significant public comment; and
154-24 (4) the commission determines that an applicant's
154-25 compliance history during [for] the period established by the
154-26 commission under Section 5.754 for consideration of compliance
154-27 history [preceding five years] raises no issues regarding the
155-1 applicant's ability to comply with a material term of its permit.
155-2 (d) Notice of an application under Subsection (c) shall be
155-3 given as provided by Section 5.659(c) and the persons notified
155-4 under that section may present information to the commission on the
155-5 application.
155-6 (e) [(f)] An application to renew a permit for a confined
155-7 animal feeding operation which was issued between July 1, 1974, and
155-8 December 31, 1977, may be set for consideration and may be acted on
155-9 by the commission at a regular meeting without the necessity of
155-10 holding a public hearing if the applicant does not seek to
155-11 discharge into or adjacent to water in the state and does not seek
155-12 to change materially the pattern or place of disposal.
155-13 (f) For the purposes of Subsection (a), the commission may
155-14 act on an application without holding a public hearing if notice is
155-15 given as provided by Section 5.660 and, within 30 days after the
155-16 date of the publication of notice under Section 5.660(a), neither a
155-17 commissioner, the executive director, nor an affected person who
155-18 objects to the application has requested a public hearing.
155-19 SECTION 17.11. Section 26.0281, Water Code, is amended to
155-20 read as follows:
155-21 Sec. 26.0281. CONSIDERATION OF [PAST PERFORMANCE AND]
155-22 COMPLIANCE HISTORY. In considering the issuance, amendment, or
155-23 renewal of a permit to discharge effluent comprised primarily of
155-24 sewage or municipal waste, the commission shall consider the [any
155-25 adjudicated decision on or] compliance history [proceeding
155-26 addressing past performance and compliance] of the applicant and
155-27 its operator under the method for evaluating compliance history
156-1 developed by the commission under Section 5.754 [with the laws of
156-2 this state governing waste discharge, waste treatment, or waste
156-3 disposal facilities and with the terms of any permit or order
156-4 issued by the commission].
156-5 SECTION 17.12. Section 26.040, Water Code, as it exists after
156-6 the transfer and redesignation of Subsection (b) by this Act, is
156-7 amended by relettering Subsections (c)-(m) as Subsections (b)-(l)
156-8 and amending existing Subsections (h) and (i) to read as follows:
156-9 (b) [(c)] The commission may hold a public meeting to
156-10 provide an additional opportunity for public comment. The
156-11 commission shall give notice of a public meeting under this
156-12 subsection by publication in the Texas Register not later than the
156-13 30th day before the date of the meeting.
156-14 (c) [(d)] If the commission receives public comment relating
156-15 to issuance of a general permit, the commission may issue the
156-16 general permit only after responding in writing to the comments.
156-17 The commission shall issue a written response to comments on the
156-18 permit at the same time the commission issues or denies the permit.
156-19 The response is available to the public and shall be mailed to each
156-20 person who made a comment.
156-21 (d) [(e)] A general permit may provide that a discharger who
156-22 is not covered by an individual permit may obtain authorization to
156-23 discharge waste under a general permit by submitting to the
156-24 commission written notice of intent to be covered by the general
156-25 permit. A general permit shall specify the deadline for submitting
156-26 and the information required to be included in a notice of intent.
156-27 A general permit may authorize a discharger to begin discharging
157-1 under the general permit immediately on filing a complete and
157-2 accurate notice of intent, or it may specify a date or period of
157-3 time after the commission receives the discharger's notice of
157-4 intent on which the discharger may begin discharging unless the
157-5 executive director before that time notifies the discharger that it
157-6 is not eligible for authorization under the general permit.
157-7 (e) [(f)] A general permit may authorize a discharger to
157-8 discharge without submitting a notice of intent if the commission
157-9 finds that a notice of intent requirement would be inappropriate.
157-10 (f) [(g)] Authorization to discharge under a general permit
157-11 does not confer a vested right. After written notice to the
157-12 discharger, the executive director may suspend a discharger's
157-13 authority to discharge under a general permit and may require a
157-14 person discharging under a general permit to obtain authorization
157-15 to discharge under an individual permit as required by Section
157-16 26.027 or other law.
157-17 (g) [(h)] Notwithstanding other provisions of this chapter,
157-18 the commission, after hearing, shall deny or suspend a discharger's
157-19 authority to discharge under a general permit if the commission
157-20 determines that the [discharger operates any facility for which
157-21 the] discharger's compliance history is unacceptable under the
157-22 method of evaluating compliance history developed by the
157-23 commission under Section 5.754 during the period established by the
157-24 commission under that section for consideration of compliance
157-25 history [contains violations constituting a recurring pattern of
157-26 egregious conduct that demonstrates a consistent disregard for the
157-27 regulatory process, including a failure to make a timely and
158-1 substantial attempt to correct the violations]. A hearing under
158-2 this subsection is not subject to Chapter 2001, Government Code.
158-3 (h) [(i)] A general permit may be issued for a term not to
158-4 exceed five years. After notice and comment as provided by Section
158-5 5.661 and Subsections (b) and (c) [(b)-(d)], a general permit may
158-6 be amended, revoked, or canceled by the commission or renewed by
158-7 the commission for an additional term or terms not to exceed five
158-8 years each. A general permit remains in effect until amended,
158-9 revoked, or canceled by the commission or, unless renewed by the
158-10 commission, until expired. If before a general permit expires the
158-11 commission proposes to renew that general permit, that general
158-12 permit remains in effect until the date on which the commission
158-13 takes final action on the proposed renewal.
158-14 (i) [(j)] The commission may through a renewal or amendment
158-15 process for a general permit add or delete requirements or
158-16 limitations to the permit. The commission shall provide a
158-17 reasonable time to allow a discharger covered by the general permit
158-18 to make the changes necessary to comply with the additional
158-19 requirements.
158-20 (j) [(k)] The commission may impose a reasonable and
158-21 necessary fee under Section 26.0291 on a discharger covered by a
158-22 general permit.
158-23 (k) [(l)] The issuance, amendment, renewal, suspension,
158-24 revocation, or cancellation of a general permit or of authority to
158-25 discharge under a general permit is not subject to Subchapters C-F,
158-26 Chapter 2001, Government Code.
158-27 (l) [(m)] The commission may adopt rules as necessary to
159-1 implement and administer this section.
159-2 SECTION 17.13. Section 27.018, Water Code, as it exists after
159-3 the transfer and redesignation of Subsection (b) by this Act, is
159-4 amended by adding a new Subsection (b) and amending Subsection (c)
159-5 to read as follows:
159-6 (b) Notice of the opportunity to request a public hearing on
159-7 a permit application shall be given as provided by Section 5.662.
159-8 (c) Before the commission begins to hear testimony in a
159-9 contested case as defined by Chapter 2001, Government Code,
159-10 evidence must be placed in the record to demonstrate that proper
159-11 notice regarding the hearing was given to affected persons as
159-12 required by commission rules adopted under Section 5.662. If
159-13 mailed notice to an affected person is required, the commission or
159-14 other party to the hearing shall place evidence in the record that
159-15 notice was mailed to the address of the affected person included in
159-16 the appropriate county tax rolls at the time of mailing. For the
159-17 purposes of this subsection, the affidavit of the commission
159-18 employee responsible for the mailing of the notice, attesting to
159-19 the fact that notice was mailed to the address included in the tax
159-20 rolls at the time of mailing, shall be prima facie evidence of
159-21 proper mailing. The commission may not proceed with receipt of
159-22 testimony in a contested case until there is compliance with this
159-23 subsection.
159-24 SECTION 17.14. Sections 27.051(d) and (e), Water Code, are
159-25 amended to read as follows:
159-26 (d) The commission, in determining if the use or
159-27 installation of an injection well for the disposal of hazardous
160-1 waste is in the public interest under Subsection (a)(1) [of this
160-2 section], shall consider, but shall not be limited to the
160-3 consideration of:
160-4 (1) compliance history of the applicant under the
160-5 method for evaluating compliance history developed by the
160-6 commission under Section 5.754 and in accordance with the
160-7 provisions of Subsection (e) [of this section];
160-8 (2) whether there is a practical, economic, and
160-9 feasible alternative to an injection well reasonably available to
160-10 manage the types and classes of hazardous waste; and
160-11 (3) whether the applicant will maintain sufficient
160-12 public liability insurance for bodily injury and property damage to
160-13 third parties that is caused by sudden and non-sudden accidents or
160-14 will otherwise demonstrate financial responsibility in a manner
160-15 adopted by the commission in lieu of public liability insurance. A
160-16 liability insurance policy which satisfies the policy limits
160-17 required by the hazardous waste management regulations of the
160-18 commission for the applicant's proposed pre-injection facilities
160-19 shall be deemed "sufficient" under this subdivision if the policy:
160-20 (A) covers the injection well; and
160-21 (B) is issued by a company that is authorized to
160-22 do business and to write that kind of insurance in this state and
160-23 is solvent and not currently under supervision or in
160-24 conservatorship or receivership in this state or any other state.
160-25 (e) The commission shall establish a procedure by rule for
160-26 its preparation of compliance summaries relating to the compliance
160-27 history of [compliance and noncompliance by] the applicant in
161-1 accordance with the method for evaluating compliance history
161-2 developed by the commission under Section 5.754 [with the rules
161-3 adopted or orders or permits issued by the commission under this
161-4 chapter for any injection well for which a permit has been issued
161-5 under this chapter]. The compliance summaries shall be made
161-6 available to the applicant and any interested person after the
161-7 commission has completed its technical review of the permit
161-8 application and prior to the promulgation of the public notice
161-9 relating to the issuance of the permit. Evidence of compliance or
161-10 noncompliance by an applicant for an injection well for the
161-11 disposal of hazardous waste with the rules adopted or orders or
161-12 permits issued by the commission under this chapter may be offered
161-13 by any party at a hearing on the applicant's application and
161-14 admitted into evidence subject to applicable rules of evidence.
161-15 All evidence admitted, including compliance history, shall be
161-16 considered by the commission in determining whether to issue,
161-17 amend, extend or renew a permit.
161-18 SECTION 17.15. Section 361.020(d), Health and Safety Code, is
161-19 amended to read as follows:
161-20 (d) The commission in developing a comprehensive statewide
161-21 strategic plan shall:
161-22 (1) consult with:
161-23 (A) the agency's waste minimization, recycling,
161-24 or reduction division;
161-25 (B) the municipal solid waste management and
161-26 resource recovery advisory council;
161-27 (C) the pollution prevention [waste reduction]
162-1 advisory committee;
162-2 (D) the interagency coordinating council; and
162-3 (E) local governments, appropriate regional and
162-4 state agencies, businesses, citizen groups, and private waste
162-5 management firms;
162-6 (2) hold public hearings in different regions of the
162-7 state; and
162-8 (3) publish the proposed plan in the Texas Register.
162-9 SECTION 17.16. Section 361.063, Health and Safety Code, as it
162-10 exists after the transfer and redesignation of Subsection (c) by
162-11 this Act, is amended by adding a new Subsection (c) to read as
162-12 follows:
162-13 (c) Filing notice with the commission as required by Section
162-14 5.663, Water Code, initiates the preapplication review process.
162-15 SECTION 17.17. Section 361.079, Health and Safety Code, is
162-16 amended by amending the heading to read as follows:
162-17 Sec. 361.079. [NOTICE CONCERNING RECEIPT OF PERMIT
162-18 APPLICATION;] HEARING PROCEDURES.
162-19 SECTION 17.18. Section 361.079, Health and Safety Code, as it
162-20 exists after the transfer and redesignation of Subsections (a) and
162-21 (c) by this Act, is amended by adding a new Subsection (a) to read
162-22 as follows:
162-23 (a) Notice for a hearing under Section 361.080 or 361.081 is
162-24 given as provided by Section 5.665, Water Code. The commission by
162-25 rule shall establish procedures for a public hearing under Section
162-26 361.080 or 361.081.
162-27 SECTION 17.19. Section 361.0791, Health and Safety Code, as
163-1 it exists after the transfer and redesignation of Subsections (e),
163-2 (f), and (g) by this Act, is amended by adding a new Subsection (e)
163-3 to read as follows:
163-4 (e) If a meeting is required under Subsection (a), notice of
163-5 the meeting shall be given as provided by Section 5.666, Water
163-6 Code.
163-7 SECTION 17.20. Section 361.080(b), Health and Safety Code, is
163-8 amended to read as follows:
163-9 (b) Notice for a hearing session held under this section
163-10 shall be provided in accordance with Section 5.666, Water Code
163-11 [361.0791].
163-12 SECTION 17.21. Section 361.081, Health and Safety Code, as it
163-13 exists after the transfer and redesignation of Subsections (a) and
163-14 (b) by this Act, is amended by amending the heading, adding a new
163-15 Subsection (a), and relettering and amending Subsection (c) to
163-16 read as follows:
163-17 Sec. 361.081. [NOTICE OF] HEARING CONCERNING APPLICATION FOR
163-18 A SOLID WASTE FACILITY. (a) The commission shall require the
163-19 applicant to provide notice of the hearing as provided by Section
163-20 5.667, Water Code.
163-21 (b) [(c)] In addition to the requirements of Subsection (a),
163-22 the commission shall hold a public meeting and the applicant shall
163-23 give notice concerning the application for a permit for a new
163-24 hazardous waste management facility as provided by Section 5.666,
163-25 Water Code [361.0791].
163-26 SECTION 17.22. Section 361.082, Health and Safety Code, as it
163-27 exists after the transfer and redesignation of Subsection (c) by
164-1 this Act, is amended by adding a new Subsection (c) and amending
164-2 Subsection (d) to read as follows:
164-3 (c) The commission by rule shall establish procedures for a
164-4 public hearing on an application for a permit under this section.
164-5 Notice of the hearing shall be given as provided by Section 5.668,
164-6 Water Code.
164-7 (d) In addition to the hearing held under this section, the
164-8 commission shall hold a public meeting and the applicant shall give
164-9 notice as provided by Section 5.666, Water Code [361.0791].
164-10 SECTION 17.23. Sections 361.084(a) and (c), Health and Safety
164-11 Code, are amended to read as follows:
164-12 (a) The commission by rule shall establish a procedure to
164-13 prepare compliance summaries relating to the applicant's solid
164-14 waste management activities in accordance with the method for
164-15 evaluating compliance history developed by the commission under
164-16 Section 5.754, Water Code.
164-17 (c) Evidence of compliance or noncompliance by an applicant
164-18 for a solid waste management facility permit with agency rules,
164-19 permits, other orders, or evidence of a final determination of
164-20 noncompliance with federal statutes or statutes of any state during
164-21 [in] the period adopted under Section 5.754, Water Code, for the
164-22 consideration of compliance history [preceding five years]
164-23 concerning solid waste management may be:
164-24 (1) offered by a party at a hearing concerning the
164-25 application; and
164-26 (2) admitted into evidence subject to applicable rules
164-27 of evidence.
165-1 SECTION 17.24. Sections 361.088(d) and (f), Health and Safety
165-2 Code, are amended to read as follows:
165-3 (d) In addition to providing an opportunity for a hearing
165-4 held under this section, the commission shall hold a public meeting
165-5 and give notice as provided by Section 5.666, Water Code
165-6 [361.0791].
165-7 (f) Notwithstanding Subsection (e), if the commission
165-8 determines that an applicant's compliance history for the period
165-9 adopted under Section 5.754, Water Code, for the consideration of
165-10 compliance history [preceding five years] raises an issue regarding
165-11 the applicant's ability to comply with a material term of its
165-12 permit, the commission shall provide an opportunity to request a
165-13 contested case hearing.
165-14 SECTION 17.25. Section 361.089, Health and Safety Code, as it
165-15 exists after the transfer and redesignation of Subsections (b) and
165-16 (c) by this Act, is amended by adding new Subsections (b) and (c)
165-17 and amending Subsections (a), (e), and (f) to read as follows:
165-18 (a) The commission may, for good cause, deny or amend a
165-19 permit it issues or has authority to issue for reasons pertaining
165-20 to public health, air or water pollution, or land use, or for
165-21 having a compliance history that is unacceptable under the method
165-22 of evaluating compliance history developed by the commission under
165-23 Section 5.754, Water Code, during the period established by the
165-24 commission under that section for consideration of compliance
165-25 history [a violation of this chapter or other applicable laws or
165-26 rules controlling the management of solid waste].
165-27 (b) The commission shall provide notice under Section 5.669,
166-1 Water Code, and an opportunity for a hearing to the permit holder
166-2 or applicant and persons affected. The commission may also hold a
166-3 hearing on its own motion.
166-4 (c) The commission by rule shall establish procedures for
166-5 any public hearing under this section.
166-6 (e) The commission may deny an original or renewal permit if
166-7 it is found, after notice and hearing, that:
166-8 (1) the permit holder has a compliance history that is
166-9 unacceptable under the method of evaluating compliance history
166-10 developed by the commission under Section 5.754, Water Code, during
166-11 the period established by the commission under that section for
166-12 consideration of compliance history [record of environmental
166-13 violations in the preceding five years at the permitted site;]
166-14 [(2) the applicant has a record of environmental
166-15 violations in the preceding five years at any site owned, operated,
166-16 or controlled by the applicant];
166-17 (2) [(3)] the permit holder or applicant made a false
166-18 or misleading statement in connection with an original or renewal
166-19 application, either in the formal application or in any other
166-20 written instrument relating to the application submitted to the
166-21 commission, its officers, or its employees;
166-22 (3) [(4)] the permit holder or applicant is indebted
166-23 to the state for fees, payment of penalties, or taxes imposed by
166-24 this title or by a rule of the commission; or
166-25 (4) [(5)] the permit holder or applicant is unable to
166-26 ensure that the management of the hazardous waste management
166-27 facility conforms or will conform to this title and the rules of
167-1 the commission.
167-2 (f) Before denying a permit under this section, the
167-3 commission must find:
167-4 (1) that the applicant has a compliance history that
167-5 is unacceptable under the method of evaluating compliance history
167-6 developed by the commission under Section 5.754, Water Code, during
167-7 the period established by the commission under that section for
167-8 consideration of compliance history [a violation or violations are
167-9 significant and that the permit holder or applicant has not made a
167-10 substantial attempt to correct the violations]; or
167-11 (2) that the permit holder or applicant is indebted to
167-12 the state for fees, payment of penalties, or taxes imposed by this
167-13 title or by a rule of the commission.
167-14 SECTION 17.26. Section 382.017, Health and Safety Code, as it
167-15 exists after the transfer and redesignation of Subsection (b) by
167-16 this Act, is amended by adding a new Subsection (b) to read as
167-17 follows:
167-18 (b) Notice of a public hearing on a proposed rule under this
167-19 section must be given as provided by Section 5.670, Water Code.
167-20 SECTION 17.27. Sections 382.0518(b) and (c), Health and
167-21 Safety Code, are amended to read as follows:
167-22 (b) The commission shall grant within a reasonable time a
167-23 permit to construct or modify a facility if, from the information
167-24 available to the commission, including information presented at any
167-25 hearing held under Section 382.056(k) [382.056(d)], the commission
167-26 finds:
167-27 (1) the proposed facility for which a permit or a
168-1 special permit is sought will use at least the best available
168-2 control technology, considering the technical practicability and
168-3 economic reasonableness of reducing or eliminating the emissions
168-4 resulting from the facility; and
168-5 (2) no indication that the emissions from the facility
168-6 will contravene the intent of this chapter, including protection of
168-7 the public's health and physical property.
168-8 (c) In considering the issuance, amendment, or renewal of a
168-9 permit, the commission may consider the applicant's compliance
168-10 history, in accordance with the method for evaluating compliance
168-11 history developed by the commission under Section 5.754, Water
168-12 Code, during the period established by the commission under Section
168-13 5.754, Water Code, for the consideration of compliance history [any
168-14 adjudicated decision or compliance proceeding within the five years
168-15 before the date on which the application was filed that addressed
168-16 the applicant's past performance and compliance with the laws of
168-17 this state, another state, or the United States governing air
168-18 contaminants or with the terms of any permit or order issued by the
168-19 commission].
168-20 SECTION 17.28. Section 382.05191(a), Health and Safety Code,
168-21 is amended to read as follows:
168-22 (a) An applicant for a permit under Section 382.0519 shall
168-23 publish notice of intent to obtain the permit in accordance with
168-24 Section 5.673, Water Code [382.056].
168-25 SECTION 17.29. Section 382.055, Health and Safety Code, as it
168-26 exists after the transfer and redesignation of Subsection (c) by
168-27 this Act, is amended by adding a new Subsection (c) and amending
169-1 Subsection (d) to read as follows:
169-2 (c) The commission shall provide notice to the permit
169-3 holder, as provided by Section 5.672, Water Code, that the permit
169-4 is scheduled for review.
169-5 (d) In determining whether and under which conditions a
169-6 preconstruction permit should be renewed, the commission shall
169-7 consider, at a minimum:
169-8 (1) [whether] the compliance history of the facility
169-9 according to the method developed by the commission under Section
169-10 5.754, Water Code, for the consideration of compliance history [is
169-11 or has been in substantial compliance with this chapter and the
169-12 terms of the existing permit]; and
169-13 (2) the condition and effectiveness of existing
169-14 emission control equipment and practices.
169-15 SECTION 17.30. Section 382.056, Health and Safety Code, as it
169-16 exists after the transfer and redesignation of Subsections (a)-(c),
169-17 (g), and (i) by this Act, is amended by adding a new Subsection
169-18 (a), relettering Subsections (d)-(f) as Subsections (b)-(d), adding
169-19 a new Subsection (e), relettering Subsections (h) and (j)-(p) as
169-20 Subsections (f)-(m), and amending existing Subsections (h) and (o)
169-21 to read as follows:
169-22 (a) An applicant for a permit under Section 382.0518 or a
169-23 permit renewal review under Section 382.055 shall publish notice of
169-24 intent to obtain the permit or permit review as provided by Section
169-25 5.673, Water Code.
169-26 (b) [(d)] The applicant shall make a copy of the application
169-27 available for review and copying at a public place in the county in
170-1 which the facility or federal source is located or proposed to be
170-2 located.
170-3 (c) [(e)] The applicant, in cooperation with the executive
170-4 director, may hold a public meeting in the county in which the
170-5 facility or federal source is located or proposed to be located in
170-6 order to inform the public about the application and obtain public
170-7 input.
170-8 (d) [(f)] The executive director shall conduct a technical
170-9 review of and issue a preliminary decision on the application.
170-10 (e) If, in response to the notice published under Subsection
170-11 (a) for a permit under Section 382.0518 or a permit renewal review
170-12 under Section 382.055, a person requests during the period provided
170-13 by commission rule that the commission hold a public hearing and
170-14 the request is not withdrawn before the date the preliminary
170-15 decision is issued, the applicant shall publish notice of the
170-16 preliminary decision as provided by Section 5.673(d), Water Code,
170-17 and the commission shall seek public comment on the preliminary
170-18 decision. The commission shall consider the request for public
170-19 hearing under the procedures provided by Section 5.673(e), Water
170-20 Code, and Subsections (g)-(k). The commission may not seek further
170-21 public comment or hold a public hearing under the procedures
170-22 provided by Section 5.673(e), Water Code, and Subsections (g)-(k)
170-23 in response to a request for a public hearing on an amendment,
170-24 modification, or renewal that would not result in an increase in
170-25 allowable emissions and would not result in the emission of an air
170-26 contaminant not previously emitted.
170-27 (f) [(h)] If, in response to the notice published under
171-1 Section 5.673(a), Water Code, [Subsection (a)] for a permit under
171-2 Section 382.054, a person requests during the public comment period
171-3 provided by commission rule that the commission hold a public
171-4 hearing, the commission shall consider the request under the
171-5 procedures provided by Section 382.0561 and not under the
171-6 procedures provided by Section 5.673(e), Water Code, and
171-7 Subsections (g)-(k) [(i)-(n)].
171-8 (g) [(j)] The applicant shall make a copy of the preliminary
171-9 decision available for review and copying at a public place in the
171-10 county in which the facility is located or proposed to be located.
171-11 (h) [(k)] During the public comment period, the executive
171-12 director may hold one or more public meetings in the county in
171-13 which the facility is located or proposed to be located. The
171-14 executive director shall hold a public meeting:
171-15 (1) on the request of a member of the legislature who
171-16 represents the general area in which the facility is located or
171-17 proposed to be located; or
171-18 (2) if the executive director determines that there is
171-19 substantial public interest in the proposed activity.
171-20 (i) [(l)] The executive director, in accordance with
171-21 procedures adopted by the commission by rule, shall file with the
171-22 chief clerk of the commission a response to each relevant and
171-23 material public comment on the preliminary decision filed during
171-24 the public comment period.
171-25 (j) [(m)] The chief clerk of the commission shall transmit
171-26 the executive director's decision, the executive director's
171-27 response to public comments, and instructions for requesting that
172-1 the commission reconsider the executive director's decision or hold
172-2 a contested case hearing to:
172-3 (1) the applicant;
172-4 (2) any person who submitted comments during the
172-5 public comment period;
172-6 (3) any person who requested to be on the mailing list
172-7 for the permit action; and
172-8 (4) any person who timely filed a request for a public
172-9 hearing in response to the notice published under Subsection (a).
172-10 (k) [(n)] Except as provided by Section 382.0561, the
172-11 commission shall consider a request that the commission reconsider
172-12 the executive director's decision or hold a public hearing in
172-13 accordance with the procedures provided by Section 5.556, Water
172-14 Code.
172-15 (l) [(o)] Notwithstanding other provisions of this chapter,
172-16 the commission may hold a hearing on a permit amendment,
172-17 modification, or renewal if the commission determines that the
172-18 application involves a facility for which the applicant's
172-19 compliance history is unacceptable under the method of evaluating
172-20 compliance history developed by the commission under Section 5.754,
172-21 Water Code, during the period established by the commission under
172-22 that section for consideration of compliance history [contains
172-23 violations which are unresolved and which constitute a recurring
172-24 pattern of egregious conduct which demonstrates a consistent
172-25 disregard for the regulatory process, including the failure to make
172-26 a timely and substantial attempt to correct the violations].
172-27 (m) [(p)] The commission by rule shall provide for
173-1 additional notice, opportunity for public comment, or opportunity
173-2 for public hearing to the extent necessary to satisfy a requirement
173-3 to obtain or maintain delegation or approval of a federal program.
173-4 SECTION 17.31. Section 382.0561, Health and Safety Code, as
173-5 it exists after the transfer and redesignation of Subsection (f) by
173-6 this Act, is amended by adding a new Subsection (f) to read as
173-7 follows:
173-8 (f) Notice of the public comment period and opportunity for
173-9 a hearing under this section shall be published in accordance with
173-10 Section 5.674, Water Code.
173-11 SECTION 17.32. Section 382.058, Health and Safety Code, as
173-12 amended by Chapters 391 and 406, Acts of the 76th Legislature,
173-13 Regular Session, 1999, is reenacted and amended to read as follows:
173-14 Sec. 382.058. NOTICE OF AND HEARING ON CONSTRUCTION OF
173-15 CONCRETE PLANT UNDER PERMIT BY RULE, STANDARD PERMIT, OR EXEMPTION
173-16 [PROVISIONS RELATING TO PERMITS BY RULE OR STANDARD PERMITS FOR
173-17 COMMISSION EXEMPTION FOR CONSTRUCTION OF CERTAIN CONCRETE PLANTS].
173-18 (a) A person may not begin construction on any concrete plant that
173-19 performs wet batching, dry batching, or central mixing under a
173-20 standard permit under Section 382.05195 or a permit by rule adopted
173-21 by the commission under Section 382.05196 unless the person has
173-22 complied with the notice and opportunity for hearing provisions
173-23 under Section 5.673, Water Code, and Section 382.056.
173-24 (b) This section does not apply to a concrete plant located
173-25 temporarily in the right-of-way, or contiguous to the right-of-way,
173-26 of a public works project.
173-27 (c) For purposes of this section, only those persons
174-1 actually residing in a permanent residence within 440 yards of the
174-2 proposed plant may request a hearing under Section 382.056
174-3 [382.056(d)] as a person who may be affected.
174-4 (d) If the commission considers air dispersion modeling
174-5 information in the course of adopting an exemption under Section
174-6 382.057 for a concrete plant that performs wet batching, dry
174-7 batching, or central mixing, the commission may not require that a
174-8 person who qualifies for the exemption conduct air dispersion
174-9 modeling before beginning construction of a concrete plant, and
174-10 evidence regarding air dispersion modeling may not be submitted at
174-11 a hearing under Section 382.056.
174-12 SECTION 17.33. Section 401.110, Health and Safety Code, is
174-13 amended to read as follows:
174-14 Sec. 401.110. DETERMINATION ON LICENSE. In making a
174-15 determination whether to grant, deny, amend, revoke, suspend, or
174-16 restrict a license or registration, the [department or] commission
174-17 may consider [those aspects of] an applicant's or license holder's
174-18 [background that bear materially on the ability to fulfill the
174-19 obligations of licensure, including] technical competence and
174-20 compliance history under the method for evaluation of compliance
174-21 history developed by the commission under Section 5.754, Water Code
174-22 [the applicant's or license holder's record in areas involving
174-23 radiation].
174-24 SECTION 17.34. Section 401.112(a), Health and Safety Code, is
174-25 amended to read as follows:
174-26 (a) The department or commission, within its jurisdiction,
174-27 in making a licensing decision on a specific license application to
175-1 process or dispose of low-level radioactive waste from other
175-2 persons, shall consider:
175-3 (1) site suitability, geological, hydrological, and
175-4 meteorological factors, and natural hazards;
175-5 (2) compatibility with present uses of land near the
175-6 site;
175-7 (3) socioeconomic effects on surrounding communities
175-8 of operation of the licensed activity and of associated
175-9 transportation of low-level radioactive waste;
175-10 (4) the need for and alternatives to the proposed
175-11 activity, including an alternative siting analysis prepared by the
175-12 applicant;
175-13 (5) the applicant's qualifications, including
175-14 financial and[,] technical qualifications[,] and compliance history
175-15 under the method for evaluation of compliance history developed by
175-16 the commission under Section 5.754, Water Code [past operating
175-17 practices];
175-18 (6) background monitoring plans for the proposed site;
175-19 (7) suitability of facilities associated with the
175-20 proposed activities;
175-21 (8) chemical, radiological, and biological
175-22 characteristics of the low-level radioactive waste and waste
175-23 classification under Section 401.053;
175-24 (9) adequate insurance of the applicant to cover
175-25 potential injury to any property or person, including potential
175-26 injury from risks relating to transportation;
175-27 (10) training programs for the applicant's employees;
176-1 (11) a monitoring, record-keeping, and reporting
176-2 program;
176-3 (12) spill detection and cleanup plans for the
176-4 licensed site and related to associated transportation of low-level
176-5 radioactive waste;
176-6 (13) decommissioning and postclosure care plans;
176-7 (14) security plans;
176-8 (15) worker monitoring and protection plans;
176-9 (16) emergency plans; and
176-10 (17) a monitoring program for applicants that includes
176-11 prelicense and postlicense monitoring of background radioactive and
176-12 chemical characteristics of the soils, groundwater, and vegetation.
176-13 SECTION 17.35. Section 401.114, Health and Safety Code, is
176-14 amended to read as follows:
176-15 Sec. 401.114. NOTICE AND HEARING. (a) Before the department
176-16 [or commission], within its jurisdiction, grants or renews a
176-17 license to process [or dispose of] low-level radioactive waste from
176-18 other persons, the department [agency] shall give notice and shall
176-19 provide an opportunity for a public hearing in the manner provided
176-20 by the department's [agency's] formal hearing procedure and Chapter
176-21 2001, Government Code.
176-22 (b) Before the commission, within its jurisdiction, grants
176-23 or renews a license to dispose of low-level radioactive waste from
176-24 other persons, the commission shall give notice and shall provide
176-25 an opportunity for a public hearing in the manner provided by
176-26 Section 5.676, Water Code, the commission's formal hearing
176-27 procedure, and Chapter 2001, Government Code.
177-1 (c) In addition to other notice, the department [agency]
177-2 shall publish notice of the hearing in the manner provided by
177-3 Chapter 313, Government Code, in the county in which the proposed
177-4 facility is to be located. The notice shall state the subject and
177-5 the time, place, and date of the hearing.
177-6 (d) [(c)] The department [agency] shall mail, by certified
177-7 mail in the manner provided by board [the agency's] rules, written
177-8 notice to each person who owns property adjacent to the proposed
177-9 site. The notice must be mailed not later than the 31st day before
177-10 the date of the hearing and must include the same information that
177-11 is in the published notice. If true, the department [agency] or
177-12 the applicant must certify that the notice was mailed as required
177-13 by this subsection, and at the hearing the certificate is
177-14 conclusive evidence of the mailing.
177-15 SECTION 17.36. Section 401.116, Health and Safety Code, is
177-16 amended by amending Subsection (b), adding a new Subsection (c),
177-17 relettering existing Subsections (c) and (d) as Subsections (d) and
177-18 (e), and amending existing Subsection (d) to read as follows:
177-19 (b) The department [or commission, as appropriate,] shall
177-20 publish notice of an [the license] amendment to a license to
177-21 process low-level radioactive waste once in the Texas Register and
177-22 in a newspaper of general circulation in the county in which the
177-23 licensed activity is located and shall give notice to any person
177-24 who has notified the department [agency], in advance, of the desire
177-25 to receive notice of proposed amendment of the license.
177-26 (c) The commission shall publish notice of an amendment to a
177-27 license to dispose of low-level radioactive waste as provided by
178-1 Section 5.677, Water Code.
178-2 (d) Notice under Subsection (b) [this section] must include:
178-3 (1) the identity of the license holder;
178-4 (2) identification of the license; and
178-5 (3) a short and plain statement of the license
178-6 amendment's substance.
178-7 (e) [(d)] The agency shall give notice and hold a hearing to
178-8 consider the license amendment if a person affected files a written
178-9 complaint with the agency before the 31st day after the date on
178-10 which notice is published under Subsection (b) or Section 5.677,
178-11 Water Code, as appropriate. The agency shall give notice of the
178-12 hearing as provided by Section 401.114 or by Section 5.676, Water
178-13 Code.
178-14 ARTICLE 18. REGULATION OF DISPOSAL OF ANIMAL REMAINS
178-15 SECTION 18.01. Subchapter H, Chapter 801, Occupations Code,
178-16 is amended by adding Section 801.361 to read as follows:
178-17 Sec. 801.361. DISPOSAL OF ANIMAL REMAINS. (a) A
178-18 veterinarian may dispose of the remains of an animal by burial or
178-19 burning if:
178-20 (1) the burial or burning occurs on property owned by
178-21 the veterinarian; and
178-22 (2) the veterinarian does not charge for the burning
178-23 or burial.
178-24 (b) Notwithstanding any other law, the Texas Natural
178-25 Resource Conservation Commission may not adopt a rule that
178-26 prohibits conduct authorized by this section.
178-27 (c) This section applies only in a county with a population
179-1 of less than 10,000.
179-2 ARTICLE 19. TRANSITIONS; EFFECTIVE DATE
179-3 SECTION 19.01. CHANGE OF AGENCY NAME. (a) Effective January
179-4 1, 2004:
179-5 (1) the name of the Texas Natural Resource
179-6 Conservation Commission is changed to the Texas Department of
179-7 Environmental Quality, and all powers, duties, rights, and
179-8 obligations of the Texas Natural Resource Conservation Commission
179-9 are the powers, duties, rights, and obligations of the Texas
179-10 Department of Environmental Quality;
179-11 (2) a member of the Texas Natural Resource
179-12 Conservation Commission is a member of the board of the Texas
179-13 Department of Environmental Quality;
179-14 (3) all personnel, equipment, data, documents,
179-15 facilities, and other items of the Texas Natural Resource
179-16 Conservation Commission are transferred to the agency under its new
179-17 name; and
179-18 (4) any appropriation to the Texas Natural Resource
179-19 Conservation Commission is automatically an appropriation to the
179-20 Texas Department of Environmental Quality.
179-21 (b) Effective January 1, 2004, a reference in law to the
179-22 Texas Natural Resource Conservation Commission is a reference to
179-23 the Texas Department of Environmental Quality.
179-24 (c) The Texas Natural Resource Conservation Commission shall
179-25 adopt a timetable for phasing in the change of the agency's name so
179-26 as to minimize the fiscal impact of the name change. Until January
179-27 1, 2004, to allow for phasing in the change of the agency's name
180-1 and in accordance with the timetable established as required by
180-2 this section, the agency may perform any act authorized by law for
180-3 the Texas Natural Resource Conservation Commission as the Texas
180-4 Natural Resource Conservation Commission or as the Texas Department
180-5 of Environmental Quality. Any act of the Texas Natural Resource
180-6 Conservation Commission acting as the Texas Department of
180-7 Environmental Quality after the effective date of this Act and
180-8 before January 1, 2004, is an act of the Texas Natural Resource
180-9 Conservation Commission.
180-10 SECTION 19.02. TRANSFER OF SAFE DRINKING WATER LABORATORY
180-11 CERTIFICATION PROGRAM. (a) On the effective date of this Act, the
180-12 following are transferred to the Texas Natural Resource
180-13 Conservation Commission:
180-14 (1) all powers, duties, rights, and obligations of the
180-15 Texas Department of Health relating to the safe drinking water
180-16 laboratory certification program administered by the Texas
180-17 Department of Health's bureau of laboratories;
180-18 (2) all personnel, equipment, data, documents,
180-19 facilities, and other items of the Texas Department of Health
180-20 relating to the safe drinking water laboratory certification
180-21 program; and
180-22 (3) all appropriations to the Texas Department of
180-23 Health pertaining to the safe drinking water laboratory
180-24 certification program, and all other state or federal money
180-25 available to the Texas Department of Health for that program.
180-26 (b) On the effective date of this Act, Texas Department of
180-27 Health rules relating to the safe drinking water laboratory
181-1 certification program administered by the Texas Department of
181-2 Health's bureau of laboratories are the rules of the Texas Natural
181-3 Resource Conservation Commission until the commission adopts rules
181-4 to govern that program.
181-5 (c) A certification issued by the Texas Department of Health
181-6 for a safe drinking water laboratory before September 1, 2001,
181-7 remains in effect until the date it expires or is revoked,
181-8 notwithstanding the change in law made by this section.
181-9 SECTION 19.03. TRANSFER OF ENVIRONMENTAL TESTING LABORATORY
181-10 CERTIFICATION PROGRAM. (a) On the effective date of this Act, the
181-11 following are transferred to the Texas Natural Resource
181-12 Conservation Commission:
181-13 (1) all powers, duties, rights, and obligations of the
181-14 Texas Department of Health relating to the environmental testing
181-15 laboratory certification program administered by the Texas
181-16 Department of Health under Chapter 421, Health and Safety Code;
181-17 (2) all personnel, equipment, data, documents,
181-18 facilities, and other items of the Texas Department of Health
181-19 relating to the environmental testing laboratory certification
181-20 program; and
181-21 (3) all appropriations to the Texas Department of
181-22 Health pertaining to the environmental laboratory certification
181-23 program, and all other state or federal money available to the
181-24 Texas Department of Health for that program.
181-25 (b) On the effective date of this Act, Texas Department of
181-26 Health rules relating to the environmental testing laboratory
181-27 certification program administered by the Texas Department of
182-1 Health under Chapter 421, Health and Safety Code, are the rules of
182-2 the Texas Natural Resource Conservation Commission until the
182-3 commission adopts rules to govern that program.
182-4 (c) A certification issued by the Texas Department of Health
182-5 before September 1, 2001, remains in effect until the date it
182-6 expires or is revoked, notwithstanding the change in law made by
182-7 this section and by this Act to Chapter 421, Health and Safety
182-8 Code.
182-9 (d) The change in law made by the addition by this Act of
182-10 Section 5.127, Water Code, relating to the acceptance of
182-11 environmental testing laboratory results by the Texas Natural
182-12 Resource Conservation Commission, applies only to environmental
182-13 testing laboratory results submitted to the commission on or after
182-14 the third anniversary of the date on which the commission publishes
182-15 notice in the Texas Register that the commission's environmental
182-16 laboratory testing program established under Subchapter R, Chapter
182-17 5, Water Code, as added by this Act, has met the standards of the
182-18 National Environmental Laboratory Accreditation Conference.
182-19 SECTION 19.04. CERTIFICATION OF WATER TREATMENT SPECIALISTS.
182-20 (a) On the effective date of this Act, the following are
182-21 transferred to the Texas Natural Resource Conservation Commission:
182-22 (1) all powers, duties, rights, and obligations of the
182-23 Texas Department of Health relating to the certification of water
182-24 treatment specialists administered by the Texas Department of
182-25 Health under Section 3A, The Plumbing License Law (Article
182-26 6243-101, Vernon's Texas Civil Statutes);
182-27 (2) all equipment, data, documents, facilities, and
183-1 other items of the Texas Department of Health relating to the
183-2 certification of water treatment specialists; and
183-3 (3) all appropriations to the Texas Department of
183-4 Health pertaining to the certification of water treatment
183-5 specialists, and all other state or federal money available to the
183-6 Texas Department of Health for that program.
183-7 (b) On the effective date of this Act, Texas Department of
183-8 Health rules relating to the certification of water treatment
183-9 specialists are the rules of the Texas Natural Resource
183-10 Conservation Commission until the commission adopts rules to govern
183-11 that program.
183-12 SECTION 19.05. PERFORMANCE-BASED REGULATION. (a) Not later
183-13 than March 1, 2002, the Texas Natural Resource Conservation
183-14 Commission by rule shall establish the components of and standards
183-15 for evaluating compliance history, as required by Section 5.754,
183-16 Water Code, as added by this Act.
183-17 (b) Not later than September 1, 2002, the Texas Natural
183-18 Resource Conservation Commission shall begin tracking compliance
183-19 for use in establishing the regulatory structure authorized by
183-20 Subchapter Q, Chapter 5, Water Code, as added by this Act.
183-21 (c) As soon as practicable, but not later than September 1,
183-22 2005, the Texas Natural Resource Conservation Commission shall
183-23 adopt rules governing and shall implement the tiered regulatory
183-24 structure required by Section 5.752, Water Code, as added by this
183-25 Act. The commission shall adopt the rules and implement the tiered
183-26 regulatory structure in stages over the three-year period.
183-27 (d) The changes made by this Act in the consideration of
184-1 compliance history in decisions by the Texas Natural Resource
184-2 Conservation Commission relating to the issuance, amendment,
184-3 modification, or renewal of permits under the following sections
184-4 apply only to an application for the issuance, amendment,
184-5 modification, or renewal of a permit submitted to the Texas Natural
184-6 Resource Conservation Commission on or after March 1, 2002:
184-7 (1) Sections 5.757, 26.028, 26.0281, 26.040, and
184-8 27.018, Water Code; and
184-9 (2) Sections 361.084, 361.088, 361.089, 382.0518,
184-10 382.055, 382.056, 401.110, and 401.112, Health and Safety Code.
184-11 (e) The changes made by this Act in the consideration of
184-12 compliance history in decisions by the Texas Natural Resource
184-13 Conservation Commission relating to inspections and flexible
184-14 permitting under Sections 5.758 and 5.759, Water Code, as added by
184-15 this Act apply, effective March 1, 2002, to a person who holds a
184-16 permit issued by the Texas Natural Resource Conservation Commission
184-17 that is subject to those sections.
184-18 (f) The changes made by this Act in the consideration of
184-19 compliance history in decisions of the Texas Natural Resource
184-20 Conservation Commission relating to the suspension or revocation of
184-21 a permit or the imposition of a penalty in a matter under the
184-22 jurisdiction of the commission apply only to a proceeding that is
184-23 initiated or an action that is brought on or after March 1, 2002.
184-24 (g) For the period between March 1, 2002, and September 1,
184-25 2005, the commission by rule may temporarily modify specific
184-26 compliance history requirements to implement the regulatory
184-27 structure being developed under Subchapter Q, Chapter 5, Water
185-1 Code, as added by this Act. This section does not authorize the
185-2 commission to modify existing statutory requirements relating to
185-3 the use of compliance history in any enforcement proceeding.
185-4 SECTION 19.06. FEES. (a) The changes in law made by
185-5 Sections 5.702 and 5.703, Water Code, as added by this Act,
185-6 relating to the timely payment and adjustment of fees due the Texas
185-7 Natural Resource Conservation Commission, and by Section 5.706,
185-8 Water Code, as added by this Act, relating to penalties and
185-9 interest for delinquent fees, apply only to fees that are due on or
185-10 after September 1, 2001.
185-11 (b) The change in law made by this Act to Sections 26.0135
185-12 and 26.0291, Water Code, relating to the consolidation of certain
185-13 fees relating to water quality, takes effect September 1, 2002, and
185-14 applies only to fees due on or after that date. The assessment and
185-15 collection of fees due before the effective date of this Act are
185-16 governed by the former law, and that law is continued in effect for
185-17 that purpose. Water resource management account balances dedicated
185-18 to a particular purpose under Sections 26.0135 and 26.0291, Water
185-19 Code, as that law exists prior to the changes in law made by this
185-20 Act, that have not been expended before the effective date of this
185-21 Act may be used for the purposes authorized by this Act.
185-22 (c) Water resource management account balances dedicated to
185-23 a particular purpose under the law as it exists prior to the
185-24 changes in law made by this Act to redesignated Sections 5.701(e),
185-25 (p), and (q), Water Code, and Sections 341.041(a), 366.058(a), and
185-26 366.059(b), Health and Safety Code, that have not been expended
185-27 before the effective date of this Act may be used for the purposes
186-1 authorized under this Act.
186-2 SECTION 19.07. REGULATORY FLEXIBILITY. The change in law
186-3 made by Section 5.123, Water Code, as added by Chapter 1203, Acts
186-4 of the 75th Legislature, Regular Session, 1997, relating to
186-5 regulatory flexibility, as transferred, redesignated, and amended
186-6 by this Act, applies only to an application for regulatory
186-7 flexibility that is submitted to the Texas Natural Resource
186-8 Conservation Commission on or after September 1, 2001.
186-9 SECTION 19.08. COMMISSIONER TRAINING. (a) As soon as
186-10 practicable after September 1, 2001, but not later than December 1,
186-11 2001, the Texas Natural Resource Conservation Commission shall
186-12 adopt rules to implement the training program for commission
186-13 members required by Section 5.0535, Water Code, as added by this
186-14 Act.
186-15 (b) The training requirements of Section 5.0535, Water Code,
186-16 as added by this Act, apply only to a member of the commission who
186-17 is appointed on or after January 1, 2002.
186-18 SECTION 19.09. EXECUTIVE DIRECTOR. The change in law made by
186-19 this Act to Section 5.228, Water Code, relating to hearing
186-20 appearances by the executive director of the Texas Natural Resource
186-21 Conservation Commission, applies only to a hearing in which the
186-22 executive director is named a party on or after September 1, 2001.
186-23 SECTION 19.10. INITIATION OF ACTION ON CITIZEN INFORMATION.
186-24 (a) Not later than December 1, 2001, the Texas Natural Resource
186-25 Conservation Commission shall adopt rules to implement the
186-26 requirements of Section 7.0025, Water Code, as added by this Act,
186-27 relating to the initiation of enforcement action by the commission
187-1 based on information regarding an environmental problem submitted
187-2 by a private individual.
187-3 (b) The change in law made by Section 7.0025, Water Code, as
187-4 added by this Act, applies only to information regarding an
187-5 environmental problem submitted to the Texas Natural Resource
187-6 Conservation Commission on or after January 1, 2002.
187-7 SECTION 19.11. ADOPTION OF RULES REGARDING REGULATION OF
187-8 CERTAIN FACILITIES AS SOLID WASTE FACILITIES. As soon as
187-9 practicable after the effective date of this Act, the Texas Natural
187-10 Resource Conservation Commission shall adopt rules as necessary to
187-11 implement Section 361.119, Health and Safety Code, as added by this
187-12 Act.
187-13 SECTION 19.12. CREATION OF OFFICE OF NATURAL RESOURCE PUBLIC
187-14 INTEREST COUNSEL. (a) On January 1, 2002, all personnel, office
187-15 space, facilities, equipment, information, records, case files, and
187-16 other possessions of the office of public interest counsel of the
187-17 Texas Natural Resource Conservation Commission are transferred to
187-18 the Office of Natural Resource Public Interest Counsel created by
187-19 this Act.
187-20 (b) On January 1, 2002, all unexpended and unobligated money
187-21 appropriated to the Texas Natural Resource Conservation Commission
187-22 for the fiscal biennium ending August 31, 2003, for use for the
187-23 functions of the commission's office of public interest counsel is
187-24 transferred to the Office of Natural Resource Public Interest
187-25 Counsel created by this Act for use for the functions of that
187-26 office.
187-27 (c) The Legislative Budget Board shall identify and inform
188-1 the comptroller about the amount and source of money transferred
188-2 under this section.
188-3 (d) The public interest counsel of the Texas Natural
188-4 Resource Conservation Commission's office of public interest
188-5 counsel shall serve as the natural resource public interest counsel
188-6 of the Office of Natural Resource Public Interest Counsel from
188-7 January 1, 2002, until the natural resource public interest counsel
188-8 for the office is appointed and has qualified.
188-9 (e) The governor shall appoint a natural resource public
188-10 interest counsel of the Office of Natural Resource Public Interest
188-11 Counsel on or before February 1, 2003.
188-12 (f) The first budget proposed for the Office of Natural
188-13 Resource Public Interest Counsel under Section 5.274, Water Code,
188-14 as added by this Act, may not exceed the amount expended by the
188-15 Texas Natural Resource Conservation Commission's office of public
188-16 interest counsel in the previous fiscal biennium.
188-17 (g) Section 1.22 of this Act takes effect January 1, 2002.
188-18 SECTION 19.13. CONTAINMENT SYSTEMS REQUIRED FOR CERTAIN
188-19 UNDERGROUND STORAGE TANKS. The change in law made by Section
188-20 26.3476, Water Code, as added by this Act, applies only to an
188-21 underground storage tank system that is installed, upgraded, or
188-22 replaced on or after the effective date of this Act.
188-23 SECTION 19.14. EFFECTIVE DATE. Except as otherwise provided
188-24 by this Act, this Act takes effect September 1, 2001.