78R254 MI-D
By: Chisum 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 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.