C.S.H.B. 1765 78(R)    BILL ANALYSIS


C.S.H.B. 1765
By: Smith, Wayne
Environmental Regulation
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Texas law currently requires a demonstration of financial assurance by
certain transporters of waste materials.  For example, used oil
transporters and medical waste transporters are required to maintain
financial assurance under Texas Commission on Environmental Quality (TCEQ)
rules.  Grit waste and grease trap waste transporters are not required to
maintain financial assurance under current Texas law. CSHB 1765 addresses
this issue by mandating financial assurance as a condition of issuing a
permit or registration for the collection, transportation, or processing
of grit trap or grease trap waste. 

Accidental and intentional discharges of grit and grease trap waste are a
frequent occurrence in Texas counties and cities.  The surrounding
communities are impacted environmentally and economically from these
discharges.  A financial assurance requirement by the TCEQ will ensure the
costs associated with grit and grease discharges are born by the waste
transporter. 

RULEMAKING AUTHORITY

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

ANALYSIS

SECTION 1.
 Directs the TCEQ to require financial assurance as a condition for
issuing a permit or registration for the collection, transportation, or
processing of grit trap waste or grease trap waste.  In determining the
amount of financial assurance, the TCEQ must consider the degree and
duration of risk associated with the type of waste. 
 If TCEQ requires financial assurance as a condition of a permit or
registration, provision of that financial assurance also satisfies any
requirement for financial assurance also satisfies any requirement for
financial assurance under 368. 

SECTION 2.
 Sets effective date.

EFFECTIVE DATE

This Act takes effect September 1, 2003.

COMPARISON OF ORIGINAL TO SUBSTITUTE

CSHB 1765 limits the legislation to grit trap waste and grease trap waste.
The substitute also requires financial assurance as a condition of a
permit or registration, provision of that financial assurance also
satisfies any requirement for financial assurance under 368.