By:  Chisum, Wise                                                 H.B. No. 44 


A BILL TO BE ENTITLED
AN ACT
relating to the duties of and the renaming of the small business stationary source assistance program as the small business compliance assistance program. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 382.0365, Health and Safety Code, is transferred to Subchapter D, Chapter 5, Water Code, redesignated as Section 5.135, Water Code, and amended to read as follows: Sec. 5.135 [382.0365]. SMALL BUSINESS COMPLIANCE [STATIONARY SOURCE] ASSISTANCE PROGRAM. (a) The commission shall establish a small business [stationary source technical and environmental] compliance assistance program. (b) The program shall include: (1) mechanisms to develop, collect, and coordinate information about compliance methods and technologies for small businesses [business stationary sources] and to encourage cooperation between those small businesses [sources] and other persons to achieve compliance with applicable air quality, water quality, and solid waste laws; (2) mechanisms to assist small businesses [business stationary sources] with pollution prevention and the prevention and detection of accidental releases, including information about alternative technologies, process changes, products, and methods of operation to reduce air pollution, water pollution, and improper disposal of solid waste; (3) an ombudsman to help small businesses [business stationary sources] meet the requirements of the federal Clean Air Act Amendments of 1990 (Pub.L. No. 101-549), as amended, the Federal Water Pollution Control Act (33 U.S.C. Section 1251 et seq.), as amended, and the federal Solid Waste Disposal Act (42 U.S.C. Section 6901 et seq.), as amended; (4) a compliance assistance program to help small businesses [business stationary sources] identify the requirements for and obtain required permits in a timely and efficient manner; (5) notification procedures to assure that small businesses [business stationary sources] receive notice of their rights and obligations under the federal Clean Air Act Amendments of 1990 (Pub.L. No. 101-549), as amended, the Federal Water Pollution Control Act (33 U.S.C. Section 1251 et seq.), as amended, and the federal Solid Waste Disposal Act (42 U.S.C. Section 6901 et seq.), as amended, in time to identify applicable requirements and evaluate and implement appropriate compliance methods; (6) auditing services or referrals for small business stationary source operations to determine compliance with the federal Clean Air Act Amendments of 1990 (Pub.L. No. 101-549), as amended; and (7) procedures for considering a request by a small business [stationary source] to modify work practices, technological compliance methods, or an implementation schedule requirement that precedes a compliance date, taking into account the technological and financial capability of that source. (c) The program shall include a small business compliance assistance advisory panel that consists of the following seven members: (1) two members who are not owners or representatives of owners of small business stationary sources, selected by the governor to represent the public; (2) two members who are owners or who represent owners of small business stationary sources, selected by the speaker of the house of representatives; (3) two members who are owners or who represent owners of small business stationary sources, selected by the lieutenant governor; and (4) one member selected by the chairman of the commission to represent the commission. (d) The small business compliance assistance advisory panel shall: (1) give advisory opinions on the effectiveness of the program, the difficulties of implementing the program, and the incidence and severity of enforcement; (2) report periodically to the administrator regarding the program's compliance with requirements of the Paperwork Reduction Act of 1980 (Pub.L. No. 96-511), as amended, the Regulatory Flexibility Act (5 U.S.C. Section 601 et seq.), as amended, and the Equal Access to Justice Act (Pub.L. No. 96-481), as amended; (3) review information the program provides to small businesses [business stationary sources] to assure the information is understandable to nonexperts; and (4) distribute opinions, reports, and information developed by the panel. (e) The commission shall enter into a memorandum of understanding with the Texas Department of Economic Development [Commerce] to coordinate assistance to any small business in applying for permits from the commission. (f) The commission may adopt rules reasonably necessary to implement this section. Rules relating to air pollution must comply [in compliance] with Section 507 of the federal Clean Air Act (42 U.S.C. Section 7661f), as added by Section 501 of the federal Clean Air Act Amendments of 1990 (Pub.L. No. 101-549), as amended, and regulations adopted under that Act. (g) [The commission may also assist under this program small businesses that employ at least 100 but not more than 250 individuals. [(h)] In this section: (1) "Program" means the small business [stationary source technical and environmental] compliance assistance program. (2) "Small business" means: (A) a small business stationary source; or (B) a business that employs at least 100 but not more than 250 individuals. (3) "Small business stationary source" has the meaning assigned by Section 507(c) of the federal Clean Air Act (42 U.S.C. Section 7661f), as added by Section 501 of the federal Clean Air Act Amendments of 1990 (Pub.L. No. 101-549), as amended. SECTION 2. Section 481.0068(b), Government Code, is amended to read as follows: (b) The Office of Small Business Assistance shall: (1) examine the role of small and historically underutilized businesses in the state's economy and the contribution of small and historically underutilized businesses in generating economic activity, expanding employment opportunities, promoting exports, stimulating innovation and entrepreneurship, and bringing new and untested products and services to the marketplace; (2) serve as the principal focal point in the state for small and historically underutilized businesses by: (A) providing to the legislature information on the effects of proposed policies or actions; (B) assisting state agencies in determining the impact proposed rules have on small businesses as required by Section 2006.002; and (C) assisting the agencies in reducing the adverse effect that rules have on small businesses, if appropriate; (3) evaluate the effectiveness of efforts of state agencies and other entities to assist small and historically underutilized businesses and make appropriate recommendations to the legislature and state agencies to assist the development and strengthening of small and historically underutilized businesses; (4) identify regulations that inhibit small and historically underutilized business development and to the extent possible identify conflicting state policy goals; (5) determine the availability of financial and other resources to small and historically underutilized businesses and recommend methods for: (A) increasing the availability of equity capital and other forms of financial assistance to small and historically underutilized businesses; (B) generating markets for the goods and services of small and historically underutilized businesses; (C) providing more effective education, training, and management and technical assistance to small and historically underutilized businesses; and (D) providing assistance to small and historically underutilized businesses in complying with federal, state, and local laws; (6) identify the reasons for small and historically underutilized business successes and failures, ascertain the related factors that are particularly important in this state, and recommend actions for increasing the success rate of small and historically underutilized businesses; (7) serve as a focal point for receiving comments and suggestions concerning state government policies and activities that affect small and historically underutilized businesses; (8) develop and suggest proposals for changes in state policies and activities that adversely affect small and historically underutilized businesses; (9) provide to state agencies information on the effects of proposed policies or actions that affect small and historically underutilized businesses; (10) provide information and assistance relating to establishing, operating, or expanding small and historically underutilized businesses; (11) assist small and historically underutilized businesses by: (A) identifying: (i) sources of financial assistance for those businesses; and (ii) financial barriers to those businesses; (B) working with relevant organizations to identify financing programs that aid small businesses in overcoming financial barriers; (C) matching those businesses with sources of financial assistance and credit enhancement; and (D) assisting those businesses with the preparation of applications for government loans, loan guarantees, and credit enhancement programs; (12) sponsor meetings, to the extent practicable in cooperation with public and private educational institutions, to provide training and disseminate information beneficial to small and historically underutilized businesses; (13) assist small and historically underutilized businesses in their dealings with federal, state, and local governmental agencies and provide information regarding governmental requirements affecting small and historically underutilized businesses; (14) perform research, studies, and analyses of matters affecting the interests of small and historically underutilized businesses; (15) use available resources within the state, such as small business development centers, educational institutions, and nonprofit associations, to coordinate the provision of management and technical assistance to small and historically underutilized businesses in a systematic manner; (16) publish newsletters, brochures, and other documents containing information useful to small and historically underutilized businesses; (17) identify successful small and historically underutilized business assistance programs provided by other states and determine the feasibility of adapting those programs for implementation in this state; (18) establish an outreach program to make the existence of the office known to small and historically underutilized businesses and potential clients throughout the state; (19) enlist the cooperation and assistance of public and private agencies, businesses, and other organizations in disseminating information about the programs and services provided by the state that benefit small businesses and how small businesses can participate in or make use of those programs and services; (20) defer to the small business compliance [stationary source] assistance program as defined by Section 5.135, Water Code [382.0365, Health and Safety Code], on advocacy and technical assistance related to environmental programs that regulate small businesses; (21) develop a "one-stop" approach for all small business needs, including competitive activity with state agencies and political subdivisions; and (22) perform any other functions necessary to carry out the purposes of this section. SECTION 3. This Act takes effect September 1, 2003.