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.