HBA-LJP H.B. 3205 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3205 By: Jones, Jesse Environmental Regulation 3/25/2001 Introduced BACKGROUND AND PURPOSE Current law prohibits a regional transportation authority (authority) under the alternative fuel program (program) from purchasing or leasing certain motor vehicles that are not capable of using alternative fuel, except when the authority certifies certain facts relating to the inability of the authority to comply with the program. However, the authority is not required to submit this certification for approval to the Texas Natural Resource Conservation Commission (TNRCC) which administers and enforces the program. House Bill 3205 requires a regional transportation authority that is eligible for exemption and oversees a principal municipality with a population of more than 800,000, to submit to TNRCC the certification of facts to apply for an exemption, waiver, or reduction of requirements under the program. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Natural Resource Conservation Commission in SECTION 1 (Section 452.252, Transportation Code) of this bill. ANALYSIS House Bill 3205 amends the Transportation Code to authorize the Texas Natural Resource Conservation Commission (TNRCC) to make exemptions, waive requirements, or reduce percentage requirements under the alternative fuel use program for a regional transportation authority (authority) that oversees a subregional board (board) which governs a municipality with a population of more than 800,000 if the board submits to TNRCC a certification of facts with stipulated contents that are supported by evidence acceptable to TNRCC. The bill requires TNRCC to adopt rules relating to the certification process of the exemption, including requirements that the authority hold a public hearing and propose an alternative implementation schedule to meet the required percentages of vehicles using alternative fuel before applying to TNRCC for a waiver or reduction of those requirements. EFFECTIVE DATE September 1, 2001.