HBA-SEP H.B. 3022 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3022
By: Chisum
Environmental Regulation
3/25/2001
Introduced



BACKGROUND AND PURPOSE 

The 76th Legislature authorized multiple plants to be included under a
single air quality permit and provided that the public notice requirements
for these permits, for which the Texas Natural Resource Conservation
Commission (TNRCC) pays the cost, are the same as for standard permits.
Some believe that while it is appropriate for TNRCC to pay the cost of
statewide notice for a standard permit developed by the agency, it is
appropriate that the costs of public notice for a multiple plant air
quality permit be paid by the permit applicant.  House Bill 3022 requires
an applicant for a multiple plant permit to pay the costs of public notice.

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. 

ANALYSIS

House Bill 3022 amends the Health and Safety Code to transfer public notice
and hearing requirements for a permit for multiple plants under the Clean
Air Act from the Texas Natural Resource Conservation Commission (TNRCC) to
the applicant for a multiple plant permit.  The bill requires the applicant
for a multiple plant permit for existing facilities to publish notice of
the intent to obtain a permit according to the procedure established by
TNRCC for notice by an applicant for a preconstruction permit.  The bill
authorizes TNRCC to authorize an applicant for a permit for an existing
facility that constitutes all or part of a small business stationary source
to provide notice by an alternative method if TNRCC finds that the proposed
method will be as effective or more effective in communicating with the
public.  The bill sets forth considerations for making a such a
determination.  TNRCC is required to provide an opportunity for a public
hearing and the submission of public comment and to send notice of a
decision on an application for a permit according the procedures for a
public hearing, public comment, and notice of decisions on an application
for a federal operating permit.  A person affected by a decision of TNRCC
to issue or deny a permit is authorized to move for a hearing and is
entitled to judicial review.   

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.