1-1 By: Callegari, Chisum (Senate Sponsor - Lucio) H.B. No. 2997
1-2 (In the Senate - Received from the House May 4, 2001;
1-3 May 7, 2001, read first time and referred to Committee on Natural
1-4 Resources; May 11, 2001, reported favorably by the following vote:
1-5 Yeas 6, Nays 0; May 11, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the implementation by the Texas Natural Resource
1-9 Conservation Commission of a program to encourage the use of
1-10 environmental management systems.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subchapter D, Chapter 5, Water Code, is amended by
1-13 adding Section 5.127 to read as follows:
1-14 Sec. 5.127. ENVIRONMENTAL MANAGEMENT SYSTEMS. (a) In this
1-15 section, "environmental management system" means a documented
1-16 management system to address applicable environmental regulatory
1-17 requirements that includes organizational structure, planning
1-18 activities, responsibilities, practices, procedures, processes, and
1-19 resources for developing, implementing, achieving, reviewing, and
1-20 maintaining an environmental policy directed toward continuous
1-21 improvement.
1-22 (b) The commission by rule shall adopt a comprehensive
1-23 program that provides regulatory incentives to encourage the use of
1-24 environmental management systems by regulated entities, state
1-25 agencies, local governments, and other entities as determined by
1-26 the commission. The incentives may include:
1-27 (1) on-site technical assistance;
1-28 (2) accelerated access to information about programs;
1-29 and
1-30 (3) to the extent consistent with federal
1-31 requirements:
1-32 (A) inclusion of information regarding an
1-33 entity's use of an environmental management system in the entity's
1-34 compliance history and compliance summaries; and
1-35 (B) consideration of the entity's implementation
1-36 of an environmental management system in scheduling and conducting
1-37 compliance inspections.
1-38 (c) The rules must provide that an environmental management
1-39 system, at a minimum, must require the entity implementing the
1-40 system to:
1-41 (1) adopt a written environmental policy;
1-42 (2) identify the environmental aspects and impacts of
1-43 the entity's activities;
1-44 (3) set priorities, goals, and targets for continuous
1-45 improvement in environmental performance and for ensuring
1-46 compliance with environmental laws, regulations, and permit terms
1-47 applicable to the facility;
1-48 (4) assign clear responsibilities for implementation,
1-49 training, monitoring, and corrective action and for ensuring
1-50 compliance with environmental laws, regulations, and permit terms
1-51 applicable to the facility;
1-52 (5) document implementation of procedures and results;
1-53 and
1-54 (6) evaluate and refine implementation over time to
1-55 improve attainment of environmental goals and targets and the
1-56 system itself.
1-57 (d) The commission shall:
1-58 (1) integrate the use of environmental management
1-59 systems into its regulatory programs, including permitting,
1-60 compliance assistance, and enforcement;
1-61 (2) develop model environmental management systems for
1-62 small businesses and local governments; and
1-63 (3) establish environmental performance indicators to
1-64 measure the program's performance.
2-1 SECTION 2. Section 26.028, Water Code, is amended by adding a
2-2 new Subsection (e) and relettering existing Subsections (e)-(g) as
2-3 Subsections (f)-(h) to read as follows:
2-4 (e) In considering an applicant's compliance history under
2-5 Subsection (d)(4), the commission shall consider as evidence of
2-6 compliance information regarding the applicant's implementation of
2-7 an environmental management system at the facility for which the
2-8 permit, permit amendment, or permit renewal is sought. In this
2-9 subsection, "environmental management system" has the meaning
2-10 assigned by Section 5.127.
2-11 (f) Notice of an application under Subsection (d) shall be
2-12 mailed to the mayor and health authorities for the city or town,
2-13 and the county judge and health authorities for the county in which
2-14 the waste is or will be discharged, at least 10 days before the
2-15 commission meeting, and they may present information to the
2-16 commission on the application.
2-17 (g) [(f)] An application to renew a permit for a confined
2-18 animal feeding operation which was issued between July 1, 1974, and
2-19 December 31, 1977, may be set for consideration and may be acted on
2-20 by the commission at a regular meeting without the necessity of
2-21 holding a public hearing if the applicant does not seek to
2-22 discharge into or adjacent to water in the state and does not seek
2-23 to change materially the pattern or place of disposal.
2-24 (h) [(g)] For the purposes of Subsection (c), the commission
2-25 may act on the application without holding a public hearing if all
2-26 of the following conditions are met:
2-27 (1) not less than 30 days before the date of action on
2-28 the application by the commission, the applicant has published the
2-29 commission's notice of the application at least once in a newspaper
2-30 regularly published or circulated within each county where the
2-31 proposed facility or discharge is located and in each county
2-32 affected by the discharge;
2-33 (2) not less than 30 days before the date of action on
2-34 the application by the commission, the applicant has served or
2-35 mailed the commission's notice of the application to persons who in
2-36 the judgment of the commission may be affected, including the
2-37 county judges as required by Subsection (b) [of this section]. As
2-38 part of his application the applicant shall submit an affidavit
2-39 which lists the names and addresses of the persons who may be
2-40 affected by the application and includes the source of the list;
2-41 (3) within 30 days after the date of the newspaper
2-42 publication of the commission's notice, neither a commissioner, the
2-43 executive director, nor an affected person who objects to the
2-44 application has requested a public hearing.
2-45 SECTION 3. Section 26.0281, Water Code, is amended to read as
2-46 follows:
2-47 Sec. 26.0281. CONSIDERATION OF PAST PERFORMANCE AND
2-48 COMPLIANCE. In considering the issuance, amendment, or renewal of a
2-49 permit to discharge effluent comprised primarily of sewage or
2-50 municipal waste, the commission shall consider any adjudicated
2-51 decision on or compliance proceeding addressing past performance
2-52 and compliance of the applicant and its operator with the laws of
2-53 this state governing waste discharge, waste treatment, or waste
2-54 disposal facilities and with the terms of any permit or order
2-55 issued by the commission. In considering an applicant's compliance
2-56 history under this subsection, the commission shall consider as
2-57 evidence of compliance information regarding the applicant's
2-58 implementation of an environmental management system at the
2-59 facility for which the permit, permit amendment, or permit renewal
2-60 is sought. In this section, "environmental management system" has
2-61 the meaning assigned by Section 5.127.
2-62 SECTION 4. Section 27.051(e), Water Code, is amended to read
2-63 as follows:
2-64 (e) The commission shall establish a procedure by rule for
2-65 its preparation of compliance summaries relating to the history of
2-66 compliance and noncompliance by the applicant with the rules
2-67 adopted or orders or permits issued by the commission under this
2-68 chapter for any injection well for which a permit has been issued
2-69 under this chapter. A compliance summary must include as evidence
3-1 of compliance information regarding the applicant's implementation
3-2 of an environmental management system at the facility for which an
3-3 authorization is sought. The compliance summaries shall be made
3-4 available to the applicant and any interested person after the
3-5 commission has completed its technical review of the permit
3-6 application and prior to the promulgation of the public notice
3-7 relating to the issuance of the permit. Evidence of compliance or
3-8 noncompliance by an applicant for an injection well for the
3-9 disposal of hazardous waste with the rules adopted or orders or
3-10 permits issued by the commission under this chapter may be offered
3-11 by any party at a hearing on the applicant's application and
3-12 admitted into evidence subject to applicable rules of evidence. All
3-13 evidence admitted, including compliance history, shall be
3-14 considered by the commission in determining whether to issue,
3-15 amend, extend or renew a permit. In this subsection, "environmental
3-16 management system" has the meaning assigned by Section 5.127.
3-17 SECTION 5. Section 361.084(a), Health and Safety Code, is
3-18 amended to read as follows:
3-19 (a) The commission by rule shall establish a procedure to
3-20 prepare compliance summaries relating to the applicant's solid
3-21 waste management activities. A compliance summary shall include as
3-22 evidence of compliance information regarding the applicant's
3-23 implementation of an environmental management system at the
3-24 facility for which the authorization is sought. In this
3-25 subsection, "environmental management system" has the meaning
3-26 assigned by Section 5.127, Water Code.
3-27 SECTION 6. Section 382.0518(c), Health and Safety Code, is
3-28 amended to read as follows:
3-29 (c) In considering the issuance, amendment, or renewal of a
3-30 permit, the commission may consider any adjudicated decision or
3-31 compliance proceeding within the five years before the date on
3-32 which the application was filed that addressed the applicant's past
3-33 performance and compliance with the laws of this state, another
3-34 state, or the United States governing air contaminants or with the
3-35 terms of any permit or order issued by the commission. In
3-36 considering an applicant's compliance history under this
3-37 subsection, the commission shall consider as evidence of compliance
3-38 information regarding the applicant's implementation of an
3-39 environmental management system at the facility for which the
3-40 permit, permit amendment, or permit renewal is sought. In this
3-41 subsection, "environmental management system" has the meaning
3-42 assigned by Section 5.127, Water Code.
3-43 SECTION 7. (a) Not later than December 1, 2001, the Texas
3-44 Natural Resource Conservation Commission shall adopt the rules
3-45 required by Section 5.127, Water Code, as added by this Act.
3-46 (b) The changes in law made by this Act by amending Sections
3-47 26.028, 26.0281, and 27.051(e), Water Code, and Sections 361.084(a)
3-48 and 382.0518(c), Health and Safety Code, apply only to an
3-49 application for a permit, permit modification, permit amendment,
3-50 permit revision, permit reopening, or permit renewal that is filed
3-51 with the Texas Natural Resource Conservation Commission on or after
3-52 the date on which the commission publishes in the Texas Register
3-53 the final rules adopted under Section 5.127, Water Code, as added
3-54 by this Act.
3-55 SECTION 8. This Act takes effect September 1, 2001.
3-56 * * * * *