HBA-RBT H.B. 1283 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1283 By: Counts Natural Resources 2/19/1999 Introduced BACKGROUND AND PURPOSE Currently, the holder of a general permit for wastewater discharge cannot discharge more than 500,000 gallons of wastewater into surface water in any 24-hour period. H.B. 1283 removes this cap and allows the holder of a general permit to discharge over 500,000 gallons of wastewater in a 24hour period. This bill also gives the Texas Natural Resource Conservation Commission discretion regarding the notice of intent requirement. 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 26.040, Water Code, by amending Subsections (a), (b), and (e), and adding a new Subsection (f), redesignating existing Subsections (f)-(k), and amending existing Subsection (g), redesignated as Subsection (h), as follows: Sec. 26.040. (a) Authorizes the Texas Natural Resource Conservation Commission (commission) to issue a general permit to authorize the discharge of storm water. Deletes the provision which states that a discharge of more than 500,000 gallons into surface water in a 24-hour period is not covered by a general permit. (b) Requires the commission, for a statewide general permit, to designate one or more newspapers of statewide or regional circulation and requires the commission to publish notice of the proposed statewide general permit in each designated newspaper in addition to the Texas Register. (e) Specifies when a discharger is authorized to begin discharging under a general permit. Makes conforming and nonsubstantive changes. (f) Authorizes a discharger with a general permit to discharge without submitting a notice of intent if the commission finds that a notice of intent requirement would be inappropriate. (g) Redesignated from Subsection (f). (h) Provides that if, before the general permit expires, the commission proposes to renew a general permit, that general permit remains in effect until the date on which the commission takes final action on the proposed renewal. Redesignated from Subsection (g). (i)-(l) Redesignated from Subsections (h)-(k). SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.