H.B. 44 78(R)    BILL ANALYSIS

H.B. 44
By: Chisum
Environmental Regulation
Committee Report (Unamended)


The federal Clean Air Act requires that a small business advisory panel
exist in a state with delegation of federal air programs.  However, no
similar panel is required for water programs in the federal Clean Water
Act, though small businesses face similar obstacles complying with water
as well as air programs. 

HB 44 expands the scope of the advisory panel for the Small Business
Stationary Source Assistance Program, and accordingly changes the
program's name to the Small Business Compliance Assistance Program.  This
measure will allow the panel to advise the Texas Commission on
Environmental Quality on storm water programs, in addition to air
programs, as they affect small business 


It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or


SECTION 1. Transfers Section 382.0365, Health and Safety Code, to
Subchapter D, Chapter 5, Water Code, redesignating it as Section 5.135,
Water Code.  The redesignated section changes the name of the Small
Business Stationary Source Assistance Program to the Small Business
Compliance Assistance Program and makes related conforming changes.  The
section encourages cooperation between small businesses and other persons
to achieve compliance with applicable water quality and solid waste laws,
in addition to air quality laws.  It also adds water pollution and
improper disposal of solid waste to the list of mechanisms to assist small
businesses with pollution prevention and the prevention and detection of
accidental releases.  References to federal law are updated.  Stipulates
that rules necessary to implement this section must comply with Section
507 of the Clean Air Act, as amended.  The definition of "program" is
changed to mean the small business compliance assistance program and a
definition for "small business" is added. 

SECTION 2.Makes conforming changes.


September 1, 2003.