HBA-AMW S.B. 688 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 688 By: Brown, J. E. "Buster" Environmental Regulation 3/25/2001 Engrossed BACKGROUND AND PURPOSE Currently, the Texas Natural Resource Conservation Commission (TNRCC) is responsible for publishing and paying for public notices of standard and multiple plant permits for air emissions. While TNRCC was clearly intended to pay for notice of standard air permits, notice of individual permit applications is generally paid for by applicants. Senate Bill 688 shifts the notice requirement for multiple plant permits from TNRCC to the applicant for the permit. 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 Senate Bill 688 amends the Health and Safety Code to transfer the notice requirements for multiple plant permits from the Texas Natural Resource Conservation Commission (TNRCC) to the applicant for the permit. The bill deletes provisions regarding the publishing of notice of a proposed multiple plant permit by TNRCC, holding a public meeting on the proposed permit, and responding to public comments on the permit. The bill requires an applicant for a multiple plant permit to publish notice of intent to obtain the permit, except that the bill requires the notice of a proposed multiple plant permit for existing facilities to be published in one or more statewide or regional newspapers that provide reasonable notice throughout the state. If the multiple plant permit for existing facilities will be effective for only part of the state, the bill requires the notice to be published in a newspaper of general circulation in the area to be affected. The bill authorizes TNRCC by rule to require that additional notice be given. The bill authorizes TNRCC to authorize an applicant for a permit for an existing facility that constitutes or is part of a small business stationary source to provide notice using an alternative means if TNRCC finds that the proposed method will result in equal or better communication with the public, considering the effectiveness of the notice in reaching potentially affected persons, the cost, and the consistency with federal requirements. S.B. 688 requires TNRCC to provide an opportunity for a public hearing and the submission of public comment and to send notice of a decision on an application for a permit. The bill authorizes a person affected by a decision of TNRCC to issue or deny a multiple plant permit to move for rehearing and provides that such a person is entitled to judicial review. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.