HBA-AMW H.B. 3534 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3534 By: Puente Environmental Regulation 3/25/2001 Introduced BACKGROUND AND PURPOSE There are several different fees collected by the state to help recover the costs of implementing regulations under the federal Clean Air Act Amendments of 1990. An operating permit fee is one of the Clean Air Act fees and is dedicated to covering the costs of developing and administering the federal permit program. Operating permit fees are determined by the amount of regulated pollutants emitted by a facility. Current law prohibits an operating permit fee from being imposed for any amount of emissions of an air contaminant in excess of 4,000 tons per year from any source. House Bill 3534 removes this 4,000 ton limit and prohibits an operating permit fee from exceeding $20 per ton of emissions for fiscal years ending August 31, 2003, and August 31, 2004. 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 3534 amends the Health and Safety Code to prohibit an operating permit fee, for the state fiscal years ending August 31, 2003, and August 31, 2004, from exceeding $20 per ton of each air contaminant regulated under the federal Clean Air Act Amendments of 1990. The bill deletes the provision prohibiting the Texas Natural Resource Conservation Commission from imposing a fee for any amount of emissions of an air contaminant in excess of 4,000 tons per year from any source. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2002.