LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 84TH LEGISLATIVE REGULAR SESSION
 
April 1, 2015

TO:
Honorable Troy Fraser, Chair, Senate Committee on Natural Resources & Economic Development
 
FROM:
Ursula Parks, Director, Legislative Budget Board
 
IN RE:
SB709 by Fraser (relating to procedures for certain environmental permit applications.), Committee Report 1st House, Substituted

No significant fiscal implication to the State is anticipated.

The bill would shift the burden of producing evidence from the applicant to protesting parties in contested case hearings (CCH) on applications with the Texas Commission on Environmental Quality (TCEQ) for air quality; water quality; municipal, industrial and hazardous waste; and underground injection control permits. The bill would limit the issues that could be referred to the State Office of Administrative Hearings (SOAH) to the factual disputes actually raised by the "affected person." Finally, it would limit the time for a CCH to no longer than 180 days from the date of the preliminary hearing.

The SOAH reports that the bill would not have a significant impact on the agency. The TCEQ reports that passage of the bill could result in some costs to the agency, such as those associated with updating an agency database. However, these costs are not expected to be significant.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.


Source Agencies:
360 State Office of Administrative Hearings, 582 Commission on Environmental Quality
LBB Staff:
UP, TL, SZ, ER