HBA-KMH H.B. 3129 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3129 By: Chisum Environmental Regulation 4/7/1999 Introduced BACKGROUND AND PURPOSE In a six-month study contracted by the Texas Natural Resource Conservation Commission (TNRCC), an environmental consultant company, TechLaw, Inc., examined these three aspects of the TNRCC's operations: _how the agency evaluates and processes applications for environmental permits; _how the agency supports and enforces compliance with environmental rules; _how the agency plans environmental strategies, monitors impacts, and assesses effectiveness. In this study, the consultant analyzed the agency's existing processes, compared them to proven alternatives, and considered information received from discussions with TNRCC staff, the environmental and regulated communities, lawmakers, citizen groups, and the public at large. In May 1998, the consultant presented the commissioners with a final report containing its recommendations. While the consultant recommended the development of both exemptions and general permits as a way to reduce the costs associated with permitting low-risk (deminimis) activities, the commissioners preferred that the teams develop additional general permits to accomplish this objective. H.B. 3129 redefines "general license" to include those issued under TNRCC rules. This bill also modifies the definition of "naturally occurring radioactive material waste" or "NORM" waste" to no longer provide that the waste described not be exempt by certain Texas Department of Health (DOH) rules. In addition, this bill authorizes TNRCC to grant exemptions. Furthermore, this bill authorizes TDH and TNRCC to make determinations and charge a fee not to exceed the cost of the determination to TDH or TNRCC. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority previously delegated to Texas Board of Health is modified in SECTION 3 (Section 401.106, Health and Safety Code) and expressly delegates rulemaking authority to the Texas Natural Resource Conservation Commission in SECTION 3 (Section 401.106, Health and Safety Code) and SECTION 5(Section 401.4135, Health and Safety Code) and to the Texas Board of Health in SECTION 4 (Section 401.301, Health and Safety Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 401.003(12) and (26), Health and Safety Code, as follows: (12) Redefines "general license" to include a license issued under Texas Natural Resource Conservation Commission (TNRCC) rules in addition to a license issued under Texas Department of Health (TDH) rules, for which an application is not required to be filed to dispose of, in addition to transfer, acquire, own, possess, or use quantities of or devices or equipment that make use of by-product, source, special nuclear, or other radioactive material. (26) Expands the definition of "naturally occurring radioactive material waste" or "NORM waste" to no longer provide that the waste described not be exempt by TDH rule adopted under Section 401.106. Make a conforming change. SECTION 2. Amends Section 401.104(b), Health and Safety Code, to make a conforming change. SECTION 3. Amends Section 401.106, Health and Safety Code, as follows: Sec. 401.106. New Title: EXEMPTION FROM LICENSING, REGISTRATION, OR DISPOSAL REQUIREMENTS. (a) Limits the rulemaking authority of the Texas Board of Health (board) under this section to provide exemptions, by rule, within its jurisdiction as defined in Section 401.011(a) (Radiation Control Agency). (b) Authorizes TNRCC, by rule, to grant an exemption from a requirement of this chapter relating to the disposal of radioactive substances, within its jurisdiction as defined in Section 401.011(b), if TNRCC finds that the exemption will not constitute a significant risk to the public health and safety and the environment. (c) Authorizes a person to request TDH or TNRCC, as appropriate, to determine whether the person is entitled to an exemption under rules adopted under this section. Requires TDH or TNRCC to issue a letter to the person stating its determination. Provides that a determination under this subsection is not a contested case under Chapter 2001 (Administrative Procedure), Government Code. SECTION 4. Amends Section 401.301, Health and Safety Code, by adding Subsection (d), as follows: (d) Authorizes TDH to collect a fee from each person who requests a determination under Section 401.106(c). Requires the board, by rule, to set the fee in an amount that does not exceed TDH's expenses related to the determination. SECTION 5. Amends Subchapter K, Chapter 401, Health and Safety Code, by adding Section 401.4135, as follows: Sec. 401.4135. EXEMPTION DETERMINATION FEE. Authorizes TNRCC to collect a fee from each person who requests a determination under Section 401.106(c). Requires TNRCC, by rule, to set the fee in an amount that does not exceed TNRCC's expenses related to the determination. Requires the fee to be deposited to the credit of the waste management account an authorizes it to be used by TNRCC for expenses incurred in administering this chapter. SECTION 6. Emergency clause. Effective date: upon passage.