77R11765 MI-D
By Callegari H.B. No. 2997
Substitute the following for H.B. No. 2997:
By Chisum C.S.H.B. No. 2997
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the implementation by the Texas Natural Resource
1-3 Conservation Commission of a program to encourage the use of
1-4 environmental management systems.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter D, Chapter 5, Water Code, is amended by
1-7 adding Section 5.127 to read as follows:
1-8 Sec. 5.127. ENVIRONMENTAL MANAGEMENT SYSTEMS. (a) In this
1-9 section, "environmental management system" means a documented
1-10 management system to address applicable environmental regulatory
1-11 requirements that includes organizational structure, planning
1-12 activities, responsibilities, practices, procedures, processes, and
1-13 resources for developing, implementing, achieving, reviewing, and
1-14 maintaining an environmental policy directed toward continuous
1-15 improvement.
1-16 (b) The commission by rule shall adopt a comprehensive
1-17 program that provides regulatory incentives to encourage the use of
1-18 environmental management systems by regulated entities, state
1-19 agencies, local governments, and other entities as determined by
1-20 the commission. The incentives may include:
1-21 (1) on-site technical assistance;
1-22 (2) accelerated access to information about programs;
1-23 and
1-24 (3) to the extent consistent with federal
2-1 requirements:
2-2 (A) inclusion of information regarding an
2-3 entity's use of an environmental management system in the entity's
2-4 compliance history and compliance summaries; and
2-5 (B) consideration of the entity's implementation
2-6 of an environmental management system in scheduling and conducting
2-7 compliance inspections.
2-8 (c) The rules must provide that an environmental management
2-9 system, at a minimum, must require the entity implementing the
2-10 system to:
2-11 (1) adopt a written environmental policy;
2-12 (2) identify the environmental aspects and impacts of
2-13 the entity's activities;
2-14 (3) set priorities, goals, and targets for continuous
2-15 improvement in environmental performance;
2-16 (4) assign clear responsibilities for implementation,
2-17 training, monitoring, and corrective action;
2-18 (5) document implementation of procedures and results;
2-19 and
2-20 (6) evaluate and refine implementation over time to
2-21 improve attainment of environmental goals and targets and the
2-22 system itself.
2-23 (d) The commission shall:
2-24 (1) integrate the use of environmental management
2-25 systems into its regulatory programs, including permitting,
2-26 compliance assistance, and enforcement;
2-27 (2) develop model environmental management systems for
3-1 small businesses and local governments; and
3-2 (3) establish environmental performance indicators to
3-3 measure the program's performance.
3-4 SECTION 2. Section 26.028, Water Code, is amended by adding a
3-5 new Subsection (e) and relettering existing Subsections (e)-(g) as
3-6 Subsections (f)-(h) to read as follows:
3-7 (e) In considering an applicant's compliance history under
3-8 Subsection (d)(4), the commission shall consider as evidence of
3-9 compliance information regarding the applicant's implementation of
3-10 an environmental management system at the facility for which the
3-11 permit, permit amendment, or permit renewal is sought. In this
3-12 subsection, "environmental management system" has the meaning
3-13 assigned by Section 5.127.
3-14 (f) Notice of an application under Subsection (d) shall be
3-15 mailed to the mayor and health authorities for the city or town,
3-16 and the county judge and health authorities for the county in which
3-17 the waste is or will be discharged, at least 10 days before the
3-18 commission meeting, and they may present information to the
3-19 commission on the application.
3-20 (g) [(f)] An application to renew a permit for a confined
3-21 animal feeding operation which was issued between July 1, 1974, and
3-22 December 31, 1977, may be set for consideration and may be acted on
3-23 by the commission at a regular meeting without the necessity of
3-24 holding a public hearing if the applicant does not seek to
3-25 discharge into or adjacent to water in the state and does not seek
3-26 to change materially the pattern or place of disposal.
3-27 (h) [(g)] For the purposes of Subsection (c), the commission
4-1 may act on the application without holding a public hearing if all
4-2 of the following conditions are met:
4-3 (1) not less than 30 days before the date of action on
4-4 the application by the commission, the applicant has published the
4-5 commission's notice of the application at least once in a newspaper
4-6 regularly published or circulated within each county where the
4-7 proposed facility or discharge is located and in each county
4-8 affected by the discharge;
4-9 (2) not less than 30 days before the date of action on
4-10 the application by the commission, the applicant has served or
4-11 mailed the commission's notice of the application to persons who in
4-12 the judgment of the commission may be affected, including the
4-13 county judges as required by Subsection (b) [of this section]. As
4-14 part of his application the applicant shall submit an affidavit
4-15 which lists the names and addresses of the persons who may be
4-16 affected by the application and includes the source of the list;
4-17 (3) within 30 days after the date of the newspaper
4-18 publication of the commission's notice, neither a commissioner, the
4-19 executive director, nor an affected person who objects to the
4-20 application has requested a public hearing.
4-21 SECTION 3. Section 26.0281, Water Code, is amended to read as
4-22 follows:
4-23 Sec. 26.0281. CONSIDERATION OF PAST PERFORMANCE AND
4-24 COMPLIANCE. In considering the issuance, amendment, or renewal of a
4-25 permit to discharge effluent comprised primarily of sewage or
4-26 municipal waste, the commission shall consider any adjudicated
4-27 decision on or compliance proceeding addressing past performance
5-1 and compliance of the applicant and its operator with the laws of
5-2 this state governing waste discharge, waste treatment, or waste
5-3 disposal facilities and with the terms of any permit or order
5-4 issued by the commission. In considering an applicant's compliance
5-5 history under this subsection, the commission shall consider as
5-6 evidence of compliance information regarding the applicant's
5-7 implementation of an environmental management system at the
5-8 facility for which the permit, permit amendment, or permit renewal
5-9 is sought. In this section, "environmental management system" has
5-10 the meaning assigned by Section 5.127.
5-11 SECTION 4. Section 27.051(e), Water Code, is amended to read
5-12 as follows:
5-13 (e) The commission shall establish a procedure by rule for
5-14 its preparation of compliance summaries relating to the history of
5-15 compliance and noncompliance by the applicant with the rules
5-16 adopted or orders or permits issued by the commission under this
5-17 chapter for any injection well for which a permit has been issued
5-18 under this chapter. A compliance summary must include as evidence
5-19 of compliance information regarding the applicant's implementation
5-20 of an environmental management system at the facility for which an
5-21 authorization is sought. The compliance summaries shall be made
5-22 available to the applicant and any interested person after the
5-23 commission has completed its technical review of the permit
5-24 application and prior to the promulgation of the public notice
5-25 relating to the issuance of the permit. Evidence of compliance or
5-26 noncompliance by an applicant for an injection well for the
5-27 disposal of hazardous waste with the rules adopted or orders or
6-1 permits issued by the commission under this chapter may be offered
6-2 by any party at a hearing on the applicant's application and
6-3 admitted into evidence subject to applicable rules of evidence. All
6-4 evidence admitted, including compliance history, shall be
6-5 considered by the commission in determining whether to issue,
6-6 amend, extend or renew a permit. In this subsection, "environmental
6-7 management system" has the meaning assigned by Section 5.127.
6-8 SECTION 5. Section 361.084(a), Health and Safety Code, is
6-9 amended to read as follows:
6-10 (a) The commission by rule shall establish a procedure to
6-11 prepare compliance summaries relating to the applicant's solid
6-12 waste management activities. A compliance summary shall include as
6-13 evidence of compliance information regarding the applicant's
6-14 implementation of an environmental management system at the
6-15 facility for which the authorization is sought. In this
6-16 subsection, "environmental management system" has the meaning
6-17 assigned by Section 5.127, Water Code.
6-18 SECTION 6. Section 382.0518(c), Health and Safety Code, is
6-19 amended to read as follows:
6-20 (c) In considering the issuance, amendment, or renewal of a
6-21 permit, the commission may consider any adjudicated decision or
6-22 compliance proceeding within the five years before the date on
6-23 which the application was filed that addressed the applicant's past
6-24 performance and compliance with the laws of this state, another
6-25 state, or the United States governing air contaminants or with the
6-26 terms of any permit or order issued by the commission. In
6-27 considering an applicant's compliance history under this
7-1 subsection, the commission shall consider as evidence of compliance
7-2 information regarding the applicant's implementation of an
7-3 environmental management system at the facility for which the
7-4 permit, permit amendment, or permit renewal is sought. In this
7-5 subsection, "environmental management system" has the meaning
7-6 assigned by Section 5.127, Water Code.
7-7 SECTION 7. (a) Not later than December 1, 2001, the Texas
7-8 Natural Resource Conservation Commission shall adopt the rules
7-9 required by Section 5.127, Water Code, as added by this Act.
7-10 (b) The changes in law made by this Act by amending Sections
7-11 26.028, 26.0281, and 27.051(e), Water Code, and Sections 361.084(a)
7-12 and 382.0518(c), Health and Safety Code, apply only to an
7-13 application for a permit, permit modification, permit amendment,
7-14 permit revision, permit reopening, or permit renewal that is filed
7-15 with the Texas Natural Resource Conservation Commission on or after
7-16 the date on which the commission publishes in the Texas Register
7-17 the final rules adopted under Section 5.127, Water Code, as added
7-18 by this Act.
7-19 SECTION 8. This Act takes effect September 1, 2001.