HBA-RBT H.B. 1479 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 1479 By: Clark Natural Resources 3/22/1999 Committee Report (Amended) BACKGROUND AND PURPOSE Municipal wastewater discharge permits must be renewed every five years. Section 26.028 of the Water Code provides for an opportunity for public hearing whenever a wastewater discharge permit is renewed or amended. This is the same opportunity for hearing as with the original permit application. This procedure subjects the applicant to a hearing process even when there will be no significant change in the permit discharge conditions. An applicant is also subject to a public hearing when the applicant proposes to improve the quality of waste authorized to be discharged under the permit. H.B. 1479 allows for the renewal or amendment of a wastewater discharge permit without a public hearing if there is no significant change in permit discharge conditions or if the quality of the waste authorized to be discharged under the permit is to be improved. This bill may save significant amounts of private and public dollars. This statutory change does not limit the public's ability to contest the issuance of the original permit. This bill will not affect the authority of the Texas Natural Resource Conservation Commission to inspect the facility or to investigate and act upon complaints. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 26.028, Water Code, to require the Texas Natural Resource Conservation Commission (TNRCC) to approve an application to renew or amend a permit, rather than authorize TNRCC to set the application for consideration, subject to the provisions of this section. Redesignates existing Subsections (b), (c), and (d) to (d), (g), and (h), respectively. Makes conforming and nonsubstantive changes. SECTION 2. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3. Emergency clause. EXPLANATION OF AMENDMENTS Committee Amendment No. 1. Authorizes the commission to approve, rather than require, an application that complies with the provisions of this chapter. Authorizes the approval to be reached at a regular meeting without the necessity of holding a public hearing. Replaces proposed Subsection (e) with a new Subsection (e) to require the notice and the opportunity to request a public meeting for TPDES permits to be given in compliance with TPDES program requirements, and requires the TNRCC to consider and respond to all timely received and significant public comment. Committee Amendment No. 2. Authorizes the commission to approve an application to renew or amend a permit if the applicant is not applying to increase, rather than increase significantly, the quantity of waste authorized to be discharged, or to change, rather than change materially, the pattern or place of discharge.