HBA-KDB C.S.H.B. 2970 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2970 By: Dukes Environmental Regulation 4/16/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Under current law, the Texas Natural Resource Conservation Commission (TNRCC) is required to set a hearing to be held not later than the 30th day after the date that TNRCC receives an application for a permit for development of land over a closed municipal solid waste landfill. To comply with this requirement, a hearing must generally be held before technical review of the application is complete. This may reduce the effectiveness of the hearing and the ability of TNRCC to adequately address public concerns. C.S.H.B. 2970 removes the requirement that such a hearing be held not later than the 30th day after the date that TNRCC receives the application. 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 C.S.H.B. 2970 amends the Health and Safety Code to modify provisions relating to a hearing for a permit required for development of land over a closed municipal solid waste landfill. The hearing is no longer required to be held not later than the 30th day after the date that the Texas Natural Resource Conservation Commission (TNRCC) receives an application for such a permit. The bill removes the provision that requires TNRCC by mail to notify the applicant of the date, time, and place of the hearing not later than the 15th day before the date of the hearing. The bill requires the applicant, rather than TNRCC, to publish notice of the hearing in a newspaper that is generally circulated in each county in which the property proposed for development is located. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2970 restores to current law language which provides that the published notice must appear at least once a week for the two weeks before the date of the hearing.