SRC-JLB S.B. 397 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 397
78R1696 SGA-DBy: Shapleigh
Natural Resources
2/17/2003
As Filed


DIGEST AND PURPOSE 

Currently, the Texas Commission on Environmental Quality (TCEQ) issues air
quality permits to companies that may emit toxic substances into the
environment.  However there is no requirement that these companies prove
that they have the financial resources to cover a clean-up, if emissions
do affect the environment or the public health.  In the past, unsafe
levels of emissions have caused health concerns that a near-bankrupt
corporation could not properly address.  As proposed, S.B. 397 requires
TCEQ to hold a public hearing on the issuance, renewal, or amendment of an
application for an air quality permit if the Environmental Protection
Agency has named the applicant as a potentially responsible party for
environmental contamination. 

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, Health and Safety Code, by amending
Subsection (o) and adding Subsection (o-1), as follows: 

(o) Requires the Texas Commission on Environmental Quality (TCEQ) to hold
a hearing on an application for the issuance, amendment, or renewal of a
permit if the Administrator of the United States Environmental Protection
Agency has designated the applicant a potentially responsible party under
Section 9607(a), Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. Section 9607(a)). 

(o-1) Requires the executive director of TCEQ, for a public hearing
required under Subdivision (o)(2), to provide notice of the hearing in the
manner described by Subsection (a) and hold the hearing in the community
in which the facility or federal source that is the subject of the
application is located or proposed to be located in order to inform the
public about the application for the issuance, amendment, or renewal of
the permit and obtain public input. 

SECTION 2.  (a) Effective date:  September 1, 2003.
            (b) Makes application of this Act prospective.