House Bill 7; Author: Swinford; Sponsor: Ogden
Relating to the reorganization of, efficiency in, and other reform measures applying to governmental entities and certain regulatory practices; providing a penalty.
Effective Date: 10/13/03
Summary:
House Bill 7, the omnibus government reform measure, included three areas of interest to the solid waste community.
First, HB 7 amended Section 363.064 (a), Health and Safety Code, by deleting existing Section 363.064(a)(13), and thereby removing the requirement that a regional or local solid waste management plan must "include waste reduction in accordance with the goal established under Section 361.0201(d), to the extent that funds are available."
Second, House Bill 7 called for changes to the Texas Commission on Environmental Quality's (TCEQ) permitting procedures. HB 7 included legislative findings related to the permitting procedures, stating that they are cumbersome, confusing, lengthy, and inefficient for citizens, business, political subdivisions, and the commission. The bill creates a seven-member committee to conduct an in-depth evaluation of the TCEQ's permitting procedures, including the identification of problems, potential options, and solutions. The committee, which shall be appointed by the Governor, Lt. Governor, and Speaker of the House, must solicit and consider input from all stakeholders, including public hearings and the opportunity for submission of written and oral comments. The solutions identified by the committee, which must be presented to the Legislature and Governor's offices by December 1, 2004, must ensure that: (1) all relevant environmental protection standards are maintained at a level that at least equals the current level; (2) the permitting process are streamlined; (3) the permitting processes are user-friendly to citizens and promote sound economic development; and (4) all stakeholder concerns are considered. The study committee shall also consider permits for grease trap waste facilities authorized by Chapter 596, Acts of the 78th Legislature, Regular Session, 2003.
Finally, HB 7 amends Chapter 596, Acts of the 78th Legislature, Regular Session, 2003, by changing the date that the TCEQ shall adopt rules necessary for the implementation of the law (which relates to issuing permits for the composting of grease trap waste) and the date the commission must notify any person known to be engaged in the business of composting grease trap waste from November to December 1, 2003. TCEQ shall not later than September 1, 2005 (rather than January 1, 2004), begin issuing permits for the commercial composting of grease trap waste. HB 7 does not prohibit a person who is engaged in the business of composting grease trap waste on the effective date from continuing to engage in that business if the commission has declared the application administratively complete on or before June 1, 2004. This bill does not prohibit the commission from denying a permit application previously declared administratively complete. If the commission denies a permit application under this bill, the applicant shall cease the operations for which the applicant applied for a permit.
House Bill 7 also repeals sections 361.020, 361.0201, 361.0232, 361.0233, 361.0234, 361.040(d), 361.0871(c), 361.510, 371.063, and 382.141, Health and Safety Code, and Section 5.178(c), Water Code. According to the Conference Committee Report for House Bill 7, these sections repeal certain statutes that create outdated, burdensome, or redundant reporting requirements for the Texas Commission on Environmental Quality identified in the final assessment of TCEQ's permitting processes.
House Bill 37; Author: Bonnen; Sponsor: Ogden
Relating to contracts and grant programs related to the Texas Emissions Reduction Plan; making appropriations.
Signed by the Governor 10-20-03
Summary:
H.B. 1365, enacted in the 78th Regular Session, provides funding for the Texas Emissions Reduction Plan (TERP). H.B. 1365 contained a provision intended to allow state agencies and governmental agencies in areas that are in nonattainment or near- nonattainment in the Clean Air Act to give a limited preference to a vendor that uses heavy-duty trucks and equipment that meet or exceed existing state or federal environmental standards. The language in H.B. 1365, "affected counties," could be interpreted to apply only to near-nonattainment counties and to exclude the nonattainment counties. H.B. 37 clarifies that nonattainment counties are eligible to give preference to a vendor that uses heavy-duty trucks and equipment that meet or exceed existing state or federal environmental standards. HB 37 also transfers the duties of the Texas Council on Environmental Technology with respect to the contract and grant programs of the TERP to the Texas Commission on Environmental Quality.
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