HBA-AMW H.B. 3534 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3534
By: Puente
Environmental Regulation
3/25/2001
Introduced



BACKGROUND AND PURPOSE 

There are several different fees collected by the state to help recover the
costs of implementing regulations under the federal Clean Air Act
Amendments of 1990.  An operating permit fee is one of the Clean Air Act
fees and is dedicated to covering the costs of developing and administering
the federal permit program. Operating permit fees are determined by the
amount of regulated pollutants emitted by a facility.  Current law
prohibits an operating permit fee from being imposed for any amount of
emissions of an air contaminant in excess of 4,000 tons per year from any
source.  House Bill 3534 removes this 4,000 ton limit and prohibits an
operating permit fee from exceeding $20 per ton of emissions for fiscal
years ending August 31, 2003, and August 31, 2004. 

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

House Bill 3534 amends the Health and Safety Code to prohibit an operating
permit fee, for the state fiscal years ending August 31, 2003, and August
31, 2004, from exceeding $20 per ton of each air contaminant regulated
under the federal Clean Air Act Amendments of 1990.  The bill deletes the
provision prohibiting the Texas Natural Resource Conservation Commission
from imposing a fee for any amount of emissions of an air contaminant in
excess of 4,000 tons per year from any source. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2002.