HBA-DMD C.S.H.B. 480 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 480 By: Seaman Energy Resources 4/9/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Under current law, a person seeking a permit for a commercial surface disposal facility must only notify adjacent landowners of the permit application. This may not provide county officials and affected citizens adequate notice of the person's application, even when that facility could threaten drinking water supplies or the local environment. C.S.H.B. 480 requires a person who files an application for a permit for a commercial surface disposal facility to publish notice of the application in a newspaper of general circulation in the county in which the proposed disposal would occur. This bill also requires the staff of the Railroad Commission of Texas (commission) to conduct a public meeting to receive public comment on an application for a commercial surface disposal facility. 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 Subchapter D, Chapter 91, Natural Resources Code, by adding Sections 91.116 and 91.117, as follows: Sec. 91.116. NOTICE OF COMMERCIAL SURFACE DISPOSAL FACILITY PERMIT APPLICATION. Defines "commercial surface disposal facility" in this section. Requires a person who files an application for a permit for a commercial surface disposal facility to publish notice of the application in accordance with this section. Specifies the provisions included in the notice. Establishes specifications for publication of the notice. Sec. 91.117. PUBLIC INFORMATION HEARING ON APPLICATION FOR COMMERCIAL SURFACE DISPOSAL FACILITY PERMIT. Defines "commercial surface disposal facility" in this section. Requires the staff of the Railroad Commission of Texas (commission) to conduct a public meeting to receive public comment on an application for a commercial surface disposal facility if the commission determines a public meeting is in the public interest. Provides that the meeting must be held in the county in which the proposed facility would be located. SECTION 2.Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE This substitute differs from the original bill in SECTION 1 (proposed Sections 91.116 and 91.117, Natural Resources Code) by changing the titles for each section. In Section 91.116 the proposed title of "Notice of Land Treatment Permit Application" is changed to "Notice of Commercial Surface Disposal Facility Permit Application." In Section 91.117 the proposed title of "Public Information Hearing on Land Treatment Permit Application" is changed to "Public Information Hearing on Application for Commercial Surface Disposal Facility Permit." This substitute conforms to the changes in the title. This substitute differs from the original bill in proposed Section 91.116 by adding the definition for "commercial surface disposal facility," modifying the provisions included in the required notice, and modifying the specifications for publication of the notice. This substitute differs from the original bill in proposed Section 91.117 by adding the definition for "commercial surface disposal facility," and specifying that a public meeting may be held if the commission determines that it would be in the public interest. The substitute also deletes the specification that comments at the meeting are part of the record.