HBA-LJP C.S.H.B. 3205 77(R) BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3205 By: Jones, Jesse Environmental Regulation 5/4/2001 Committee Report (Substituted) 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. C.S.H.B. 3205 provides that an authority must submit a certification of facts and supporting evidence to TNRCC to have the authority to make exceptions to requirements of the alternative fuel use program. 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. 3205 amends the Transportation Code to provide that as a condition of the authority of a regional transportation authority (authority) to make exceptions to requirements of the alternative fuel use program, the authority must submit a certification of facts and supporting evidence to the Texas Natural Resource Conservation Commission (TNRCC). The bill requires TNRCC to comment on the certification and evidence submitted by the board of the authority and to make the comments, certification, and supporting evidence available to the public at any reasonable time. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 3205 amends the original to remove the rulemaking authority of the Texas Natural Resource Conservation Commission (TNRCC) to adopt rules relating to the certification process of the exemption from the requirements of the alternative fuel use program. The substitute also removes the authorization of TNRCC to make exemptions, waive requirements, or reduce percentage requirements under the alternative fuel use program for a regional transportation authority (authority) consisting of one subregion which contains a municipality with a population of more than 800,000. The substitute provides that a board must submit a certification of facts and supporting evidence to TNRCC for the authority to make an exemption to the requirements of the alternative fuel use program and requires TNRCC to comment on the certification and evidence.