SRC-LBB H.B. 555 78(R)    BILL ANALYSIS


Senate Research CenterH.B. 555
78R8031 JTS-FBy: Chisum (Armbrister)
Natural Resources
4-10-2003
Engrossed

DIGEST AND PURPOSE 

The 77th Texas Legislature amended the notice provisions of the Texas
Clean Air Act (TCAA), as they apply to the relocation of portable
facilities. The intent of the legislation was to provide an exemption from
the TCAA's notice requirements for the relocation of a portable facility
to a site if the portable facility had been located at the site during the
previous two years. Instead, the language that was included in the final
legislation has the opposite effect, requiring notice only if no portable
facility had been located at the site within the prior two years.  

Rules drafted by the Texas Commission on Environmental Quality (TCEQ)
provide for a public notice exemption for portable facilities that
relocate to a site after a prolonged absence (over 24 months).  However,
they also require public notice for the relocation of a portable facility
to a site where the plant has been located at any time during the past two
years.  Essentially the rules require notice for short-term relocations
and exempt portable facilities from public notice when they are relocated
to a site that has been vacant for several years.  This puts an undue
burden on the owners and operators of portable facilities as most are
required to provide public notice every time they relocate their facility
to a previous site.  

H.B. 555  clarifies that a portable facility relocated to a site where a
portable facility permitted by TCEQ has been located at any time within
the previous two years, is exempt from the permitting requirements of
Section 382.056.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 382.056(r), Health and Safety Code, to provide
that this section does not apply to the relocation or change of location
of a portable facility to a site where a portable facility permitted by
the Texas Commission on Environmental Quality has been located at any time
during the previous two years.  Deletes existing text relating to the
location of a portable facility. 

SECTION 2.  Effective date: upon passage or September 1, 2003.