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Texas House Bill HB1714

Texas 2013 - 83rd Regular

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11 83R17010 JTS-F
22 By: Smith H.B. No. 1714
33 Substitute the following for H.B. No. 1714:
44 By: Lewis C.S.H.B. No. 1714
55
66
77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the discontinuance of the Texas Commission on
1010 Environmental Quality's compliance history program.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Sections 361.084(a), (c), and (d), Health and
1313 Safety Code, are amended to read as follows:
1414 (a) The commission by rule shall establish a procedure to
1515 prepare compliance summaries relating to the applicant's solid
1616 waste management activities [in accordance with the method for
1717 evaluating compliance history developed by the commission under
1818 Section 5.754, Water Code]. A compliance summary shall include as
1919 evidence of compliance information regarding the applicant's
2020 implementation of an environmental management system at the
2121 facility for which the authorization is sought. In this
2222 subsection, "environmental management system" has the meaning
2323 assigned by Section 5.127, Water Code.
2424 (c) Evidence of compliance or noncompliance by an applicant
2525 for a solid waste management facility permit with agency rules,
2626 permits, other orders, or evidence of a final determination of
2727 noncompliance with federal statutes or statutes of any state in the
2828 preceding five years concerning solid waste management may be:
2929 (1) offered by a party at a hearing concerning the
3030 application; and
3131 (2) admitted into evidence subject to applicable rules
3232 of evidence.
3333 (d) The commission shall consider all evidence admitted,
3434 including the record of compliance for the preceding five years
3535 [history], in determining whether to issue, amend, extend, or renew
3636 a permit.
3737 SECTION 2. Section 361.088(f), Health and Safety Code, is
3838 amended to read as follows:
3939 (f) Notwithstanding Subsection (e), if the commission
4040 determines that an applicant's record of compliance for the
4141 preceding five years [history under the method for evaluating
4242 compliance history developed by the commission under Section 5.754,
4343 Water Code,] raises an issue regarding the applicant's ability to
4444 comply with a material term of its permit, the commission shall
4545 provide an opportunity to request a contested case hearing.
4646 SECTION 3. Sections 361.089(a), (e), and (f), Health and
4747 Safety Code, are amended to read as follows:
4848 (a) The commission may, for good cause, deny or amend a
4949 permit it issues or has authority to issue for reasons pertaining to
5050 public health, air or water pollution, or land use, or for having a
5151 record of compliance for the preceding five years that contains
5252 violations that constitute a recurring pattern of egregious conduct
5353 that demonstrates a consistent disregard for the regulatory
5454 process, including the failure to make a timely and substantial
5555 attempt to correct the violations [history that is classified as
5656 unsatisfactory according to commission standards under Sections
5757 5.753 and 5.754, Water Code, and rules adopted and procedures
5858 developed under those sections].
5959 (e) The commission may deny an original or renewal permit if
6060 it is found, after notice and hearing, that:
6161 (1) the applicant or permit holder has a record of
6262 compliance for the preceding five years at the permitted site that
6363 contains violations that constitute a recurring pattern of
6464 egregious conduct that demonstrates a consistent disregard for the
6565 regulatory process, including the failure to make a timely and
6666 substantial attempt to correct the violations [history that is
6767 classified as unsatisfactory according to commission standards
6868 under Sections 5.753 and 5.754, Water Code, and rules adopted and
6969 procedures developed under those sections];
7070 (2) the permit holder or applicant made a false or
7171 misleading statement in connection with an original or renewal
7272 application, either in the formal application or in any other
7373 written instrument relating to the application submitted to the
7474 commission, its officers, or its employees;
7575 (3) the permit holder or applicant is indebted to the
7676 state for fees, payment of penalties, or taxes imposed by this title
7777 or by a rule of the commission; or
7878 (4) the permit holder or applicant is unable to ensure
7979 that the management of the hazardous waste management facility
8080 conforms or will conform to this title and the rules of the
8181 commission.
8282 (f) Before denying a permit under this section, the
8383 commission must find:
8484 (1) that the applicant or permit holder has a record of
8585 compliance for the preceding five years at the permitted site that
8686 contains violations that constitute a recurring pattern of
8787 egregious conduct that demonstrates a consistent disregard for the
8888 regulatory process, including the failure to make a timely and
8989 substantial attempt to correct the violations [history that is
9090 classified as unsatisfactory according to commission standards
9191 under Sections 5.753 and 5.754, Water Code, and rules adopted and
9292 procedures developed under those sections]; or
9393 (2) that the permit holder or applicant is indebted to
9494 the state for fees, payment of penalties, or taxes imposed by this
9595 title or by a rule of the commission.
9696 SECTION 4. Section 375.101(a), Health and Safety Code, is
9797 amended to read as follows:
9898 (a) A vehicle recycler or scrap metal recycling facility
9999 that removes convenience switches from eligible vehicles in
100100 accordance with educational materials received under this chapter
101101 shall be provided regulatory incentives by the commission [under
102102 programs implemented pursuant to Section 5.755, Water Code],
103103 including on-site technical assistance [and compliance history
104104 classification adjustments].
105105 SECTION 5. Section 382.0216(j), Health and Safety Code, is
106106 amended to read as follows:
107107 (j) The commission shall account for and consider chronic
108108 excessive emissions events and emissions events for which the
109109 commission has initiated enforcement in the manner set forth by the
110110 commission in its review of an entity's record of compliance for the
111111 preceding five years [history].
112112 SECTION 6. Section 382.0518(c), Health and Safety Code, is
113113 amended to read as follows:
114114 (c) In considering the issuance, amendment, or renewal of a
115115 permit, the commission may consider the applicant's record of
116116 compliance for the preceding five years [history in accordance with
117117 the method for using compliance history developed by the commission
118118 under Section 5.754, Water Code]. In considering an applicant's
119119 record of compliance [history] under this subsection, the
120120 commission shall consider as evidence of compliance information
121121 regarding the applicant's implementation of an environmental
122122 management system at the facility for which the permit, permit
123123 amendment, or permit renewal is sought. In this subsection,
124124 "environmental management system" has the meaning assigned by
125125 Section 5.127, Water Code.
126126 SECTION 7. Section 382.055(d), Health and Safety Code, is
127127 amended to read as follows:
128128 (d) In determining whether and under which conditions a
129129 preconstruction permit should be renewed, the commission shall
130130 consider, at a minimum:
131131 (1) the record of compliance for the preceding five
132132 years [performance] of the owner or operator of the facility
133133 [according to the method developed by the commission under Section
134134 5.754, Water Code]; and
135135 (2) the condition and effectiveness of existing
136136 emission control equipment and practices.
137137 SECTION 8. Section 382.056(o), Health and Safety Code, is
138138 amended to read as follows:
139139 (o) Notwithstanding other provisions of this chapter, the
140140 commission may hold a hearing on a permit amendment, modification,
141141 or renewal if the commission determines that the application
142142 involves a facility for which the applicant's record of compliance
143143 for the preceding five years contains unresolved violations that
144144 constitute a recurring pattern of egregious conduct that
145145 demonstrates a consistent disregard for the regulatory process,
146146 including the failure to make a timely and substantial attempt to
147147 correct the violations [history is classified as unsatisfactory
148148 according to commission standards under Sections 5.753 and 5.754,
149149 Water Code, and rules adopted and procedures developed under those
150150 sections].
151151 SECTION 9. Section 382.401(b), Health and Safety Code, is
152152 amended to read as follows:
153153 (b) The commission by rule shall establish a program that
154154 allows the owner or operator of a facility regulated under this
155155 chapter to use voluntarily as a supplemental detection method any
156156 leak detection technology that has been incorporated and adopted by
157157 the United States Environmental Protection Agency into a program
158158 for detecting leaks or emissions of air contaminants. The program
159159 must provide regulatory incentives to encourage voluntary use of
160160 the alternative leak detection technology at a regulated facility
161161 that is capable of detecting leaks or emissions that may not be
162162 detected by methods or technology approvable under the commission's
163163 regulatory program for leak detection and repair in effect on the
164164 date the commission adopts the program. The incentives may
165165 include:
166166 (1) on-site technical assistance; and
167167 (2) to the extent consistent with federal
168168 requirements:
169169 (A) inclusion of the facility's use of
170170 alternative leak detection technology in the owner or operator's
171171 record of compliance for the preceding five years [history] and
172172 compliance summaries;
173173 (B) consideration of the implementation of
174174 alternative leak detection technology in scheduling and conducting
175175 compliance inspections; and
176176 (C) credits or offsets to the facility's
177177 emissions reduction requirements based on the emissions reductions
178178 achieved by voluntary use of alternative leak detection technology.
179179 SECTION 10. Section 401.110, Health and Safety Code, is
180180 amended to read as follows:
181181 Sec. 401.110. DETERMINATION ON LICENSE. (a) In making a
182182 determination whether to grant, deny, amend, renew, revoke,
183183 suspend, or restrict a license or registration, the commission may
184184 consider those aspects of an applicant's or license holder's
185185 background that bear materially on the ability to fulfill the
186186 obligations of licensure, including technical competence,
187187 financial qualifications, and the applicant's or license holder's
188188 record of compliance in areas involving radiation [compliance
189189 history under the method for using compliance history developed by
190190 the commission under Section 5.754, Water Code].
191191 (b) In making a determination whether to grant, deny, amend,
192192 renew, revoke, suspend, or restrict a license or registration, the
193193 department may consider the technical competence, financial
194194 qualifications, and record of compliance for the preceding five
195195 years [history] of an applicant, license holder, or registration
196196 holder. After an opportunity for a hearing, the department shall
197197 deny an application for a license or registration, license or
198198 registration amendment, or license or registration renewal if the
199199 applicant's record of compliance for the preceding five years
200200 [history] reveals a recurring pattern of conduct that demonstrates
201201 a consistent disregard for the regulatory process through
202202 significant violations of this chapter or the department's rules
203203 adopted under this chapter.
204204 SECTION 11. Section 401.112(a), Health and Safety Code, is
205205 amended to read as follows:
206206 (a) The commission, in making a licensing decision on a
207207 specific license application to process or dispose of low-level
208208 radioactive waste from other persons, shall consider:
209209 (1) site suitability, geological, hydrological, and
210210 meteorological factors, and natural hazards;
211211 (2) compatibility with present uses of land near the
212212 site;
213213 (3) socioeconomic effects on surrounding communities
214214 of operation of the licensed activity and of associated
215215 transportation of low-level radioactive waste;
216216 (4) the need for and alternatives to the proposed
217217 activity, including an alternative siting analysis prepared by the
218218 applicant;
219219 (5) the applicant's qualifications, including:
220220 (A) financial and technical qualifications and
221221 record of compliance for the preceding five years [history under
222222 the method for using compliance history developed by the commission
223223 under Section 5.754, Water Code, for an application to the
224224 commission]; and
225225 (B) the demonstration of financial
226226 qualifications under Section 401.108;
227227 (6) background monitoring plans for the proposed site;
228228 (7) suitability of facilities associated with the
229229 proposed activities;
230230 (8) chemical, radiological, and biological
231231 characteristics of the low-level radioactive waste and waste
232232 classification under Section 401.053;
233233 (9) adequate insurance of the applicant to cover
234234 potential injury to any property or person, including potential
235235 injury from risks relating to transportation;
236236 (10) training programs for the applicant's employees;
237237 (11) a monitoring, record-keeping, and reporting
238238 program;
239239 (12) spill detection and cleanup plans for the
240240 licensed site and related to associated transportation of low-level
241241 radioactive waste;
242242 (13) decommissioning and postclosure care plans;
243243 (14) security plans;
244244 (15) worker monitoring and protection plans;
245245 (16) emergency plans; and
246246 (17) a monitoring program for applicants that includes
247247 prelicense and postlicense monitoring of background radioactive
248248 and chemical characteristics of the soils, groundwater, and
249249 vegetation.
250250 SECTION 12. Section 401.243, Health and Safety Code, is
251251 amended to read as follows:
252252 Sec. 401.243. RECORD OF COMPLIANCE [HISTORY]. After an
253253 opportunity for a hearing, the commission shall deny an application
254254 for a license under this subchapter or an amendment or renewal for a
255255 license under this subchapter if the applicant's record of
256256 compliance for the preceding five years [history] reveals a
257257 recurring pattern of conduct that demonstrates a consistent
258258 disregard for the regulatory process through a history of
259259 violations of this chapter or the commission's rules under this
260260 chapter.
261261 SECTION 13. Section 5.127(b), Water Code, is amended to
262262 read as follows:
263263 (b) The commission by rule shall adopt a comprehensive
264264 program that provides regulatory incentives to encourage the use of
265265 environmental management systems by regulated entities, state
266266 agencies, local governments, and other entities as determined by
267267 the commission. The incentives may include:
268268 (1) on-site technical assistance;
269269 (2) accelerated access to information about programs;
270270 and
271271 (3) to the extent consistent with federal
272272 requirements:
273273 (A) inclusion of information regarding an
274274 entity's use of an environmental management system in the entity's
275275 record of compliance for the preceding five years [history] and
276276 compliance summaries; and
277277 (B) consideration of the entity's implementation
278278 of an environmental management system in scheduling and conducting
279279 compliance inspections.
280280 SECTION 14. Section 5.1733, Water Code, is amended to read
281281 as follows:
282282 Sec. 5.1733. ELECTRONIC POSTING OF INFORMATION. The
283283 commission shall post public information on its website. Such
284284 information shall include but not be limited to the minutes of
285285 advisory committee meetings, pending permit and enforcement
286286 actions, records of compliance for the preceding five years
287287 [histories], and emissions inventories by county and facility name.
288288 SECTION 15. Section 5.758, Water Code, is transferred to
289289 Subchapter D, Chapter 5, Water Code, redesignated as Section 5.123,
290290 Water Code, and amended to read as follows:
291291 Sec. 5.123 [5.758]. REGULATORY FLEXIBILITY. (a) The
292292 commission by order may exempt an applicant from a requirement of a
293293 statute or commission rule regarding the control or abatement of
294294 pollution if the applicant proposes to control or abate pollution
295295 by an alternative method or by applying an alternative standard
296296 that is:
297297 (1) at least as protective of the environment and the
298298 public health as the method or standard prescribed by the statute or
299299 commission rule that would otherwise apply; and
300300 (2) not inconsistent with federal law.
301301 (b) [The commission may not exempt an applicant under this
302302 section unless the applicant can present to the commission evidence
303303 that the alternative the applicant proposes is as protective of the
304304 environment and the public health as the method or standard
305305 prescribed by the statute or commission rule that would otherwise
306306 apply.
307307 [(c)] The commission by rule shall specify the procedure for
308308 obtaining an exemption under this section. The rules must provide
309309 for public notice and for public participation in a proceeding
310310 involving an application for an exemption under this section.
311311 (c) [(d)] The commission's order must provide a description
312312 of the alternative method or standard and condition the exemption
313313 on compliance with the method or standard as the order prescribes.
314314 (d) [(e)] The commission by rule may establish a reasonable
315315 fee for applying for an exemption under this section.
316316 (e) [(f)] A violation of an order issued under this section
317317 is punishable as if it were a violation of the statute or rule from
318318 which the order grants an exemption.
319319 (f) A permit may satisfy a requirement to demonstrate need
320320 by showing need on a regional basis considering economic impacts.
321321 (g) This section does not authorize exemptions to statutes
322322 or regulations for storing, handling, processing, or disposing of
323323 low-level radioactive materials.
324324 (h) In implementing the program of regulatory flexibility
325325 authorized by this section, the commission shall:
326326 (1) promote the program to businesses in the state
327327 through all available appropriate media;
328328 (2) endorse alternative methods that will [clearly]
329329 benefit the environment and impose the least onerous restrictions
330330 on business;
331331 (3) fix and enforce environmental standards, allowing
332332 businesses flexibility in meeting the standards in a manner that
333333 [clearly] enhances environmental outcomes; and
334334 (4) work to achieve consistent and predictable results
335335 for the regulated community and shorter waits for permit issuance.
336336 SECTION 16. Section 7.070, Water Code, is amended to read as
337337 follows:
338338 Sec. 7.070. FINDINGS OF FACT NOT REQUIRED; RESERVATIONS.
339339 Notwithstanding any other provision to the contrary, the commission
340340 is not required to make findings of fact or conclusions of law other
341341 than an uncontested finding that the commission has jurisdiction in
342342 an agreed order compromising or settling an alleged violation of a
343343 statute within the commission's jurisdiction or of a rule adopted
344344 or an order or a permit issued under such a statute. An agreed
345345 administrative order may include a reservation that:
346346 (1) the order is not an admission of a violation of a
347347 statute within the commission's jurisdiction or of a rule adopted
348348 or an order or a permit issued under such a statute;
349349 (2) the occurrence of a violation is in dispute; or
350350 (3) the order is not intended to become a part of a
351351 party's or a facility's record of compliance for the preceding five
352352 years [history].
353353 SECTION 17. Sections 26.028(d) and (e), Water Code, are
354354 amended to read as follows:
355355 (d) Notwithstanding any other provision of this chapter,
356356 the commission, at a regular meeting without the necessity of
357357 holding a public hearing, may approve an application to renew or
358358 amend a permit if:
359359 (1) the applicant is not applying to:
360360 (A) increase significantly the quantity of waste
361361 authorized to be discharged; or
362362 (B) change materially the pattern or place of
363363 discharge;
364364 (2) the activities to be authorized by the renewed or
365365 amended permit will maintain or improve the quality of waste
366366 authorized to be discharged;
367367 (3) for NPDES permits, notice and the opportunity to
368368 request a public meeting shall be given in compliance with NPDES
369369 program requirements, and the commission shall consider and respond
370370 to all timely received and significant public comment; and
371371 (4) the commission determines that an applicant's
372372 record of compliance for the preceding five years [history under
373373 the method for using compliance history developed by the commission
374374 under Section 5.754] raises no issues regarding the applicant's
375375 ability to comply with a material term of its permit.
376376 (e) In considering an applicant's record of compliance
377377 [history] under Subsection (d)(4), the commission shall consider as
378378 evidence of compliance information regarding the applicant's
379379 implementation of an environmental management system at the
380380 facility for which the permit, permit amendment, or permit renewal
381381 is sought. In this subsection, "environmental management system"
382382 has the meaning assigned by Section 5.127.
383383 SECTION 18. Section 26.0281, Water Code, is amended to read
384384 as follows:
385385 Sec. 26.0281. CONSIDERATION OF RECORD OF COMPLIANCE
386386 [HISTORY]. In considering the issuance, amendment, or renewal of a
387387 permit to discharge effluent comprised primarily of sewage or
388388 municipal waste, the commission shall consider the record of
389389 compliance for the preceding five years [history] of the applicant
390390 and its operator [under the method for using compliance history
391391 developed by the commission under Section 5.754]. In considering
392392 an applicant's record of compliance [history] under this
393393 subsection, the commission shall consider as evidence of compliance
394394 information regarding the applicant's implementation of an
395395 environmental management system at the facility for which the
396396 permit, permit amendment, or permit renewal is sought. In this
397397 section, "environmental management system" has the meaning
398398 assigned by Section 5.127.
399399 SECTION 19. Section 26.040(h), Water Code, is amended to
400400 read as follows:
401401 (h) Notwithstanding other provisions of this chapter, the
402402 commission, after hearing, shall deny or suspend a discharger's
403403 authority to discharge under a general permit if the commission
404404 determines that the discharger operates any facility for which the
405405 discharger's record of compliance for the preceding five years
406406 contains violations that constitute a recurring pattern of
407407 egregious conduct that demonstrates a consistent disregard for the
408408 regulatory process, including a failure to make a timely and
409409 substantial attempt to correct the violations [history is
410410 classified as unsatisfactory according to commission standards
411411 under Sections 5.753 and 5.754 and rules adopted and procedures
412412 developed under those sections]. A hearing under this subsection is
413413 not subject to Chapter 2001, Government Code.
414414 SECTION 20. Section 27.025(g), Water Code, is amended to
415415 read as follows:
416416 (g) Notwithstanding the other provisions of this chapter,
417417 the commission, after hearing, shall deny or suspend authorization
418418 for the use of an injection well under a general permit if the
419419 commission determines that the owner operates any facility for
420420 which the owner's record of compliance for the preceding five years
421421 contains violations that constitute a recurring pattern of
422422 egregious conduct that demonstrates a consistent disregard for the
423423 regulatory process, including a failure to make a timely and
424424 substantial attempt to correct the violations [history is
425425 classified as unsatisfactory according to commission standards
426426 under Sections 5.753 and 5.754 and rules adopted and procedures
427427 developed under those sections]. A hearing under this subsection
428428 is not subject to the requirements relating to a contested case
429429 hearing under Chapter 2001, Government Code.
430430 SECTION 21. Section 27.051(d), Water Code, is amended to
431431 read as follows:
432432 (d) The commission, in determining if the use or
433433 installation of an injection well is in the public interest under
434434 Subsection (a)(1), shall consider, but shall not be limited to the
435435 consideration of:
436436 (1) the record of compliance for the preceding five
437437 years [history] of the applicant and related entities [under the
438438 method for using compliance history developed by the commission
439439 under Section 5.754 and] in accordance with the provisions of
440440 Subsection (e);
441441 (2) whether there is a practical, economic, and
442442 feasible alternative to an injection well reasonably available; and
443443 (3) if the injection well will be used for the disposal
444444 of hazardous waste, whether the applicant will maintain sufficient
445445 public liability insurance for bodily injury and property damage to
446446 third parties that is caused by sudden and non-sudden accidents or
447447 will otherwise demonstrate financial responsibility in a manner
448448 adopted by the commission in lieu of public liability insurance. A
449449 liability insurance policy which satisfies the policy limits
450450 required by the hazardous waste management regulations of the
451451 commission for the applicant's proposed pre-injection facilities
452452 shall be deemed "sufficient" under this subdivision if the policy:
453453 (A) covers the injection well; and
454454 (B) is issued by a company that is authorized to
455455 do business and to write that kind of insurance in this state and is
456456 solvent and not currently under supervision or in conservatorship
457457 or receivership in this state or any other state.
458458 SECTION 22. Section 27.051(e), Water Code, as amended by
459459 Chapters 347 (S.B. 324), 965 (H.B. 2912), and 1161 (H.B. 2997), Acts
460460 of the 77th Legislature, Regular Session, 2001, is reenacted and
461461 amended to read as follows:
462462 (e) The [Consistent with Sections 5.753 and 5.754 and rules
463463 adopted and procedures developed under those sections, the]
464464 commission shall establish a procedure for the preparation of
465465 comprehensive summaries of the applicant's record of compliance for
466466 the preceding five years [history], including the record of
467467 compliance for the preceding five years [history] of any
468468 corporation or business entity managed, owned, or otherwise closely
469469 related to the applicant. A compliance summary must include as
470470 evidence of compliance information regarding the applicant's
471471 implementation of an environmental management system at the
472472 facility for which an authorization is sought. The summaries shall
473473 be made available to the applicant and any interested person after
474474 the commission has completed its technical review of the permit
475475 application and prior to the promulgation of the public notice
476476 relating to the issuance of the permit. Evidence of compliance or
477477 noncompliance by an applicant for an injection well permit with
478478 environmental statutes and the rules adopted or orders or permits
479479 issued by the commission may be offered by any party at a hearing on
480480 the applicant's application and admitted into evidence subject to
481481 applicable rules of evidence. [In accordance with this subsection
482482 and Sections 5.753 and 5.754 and rules adopted and procedures
483483 developed under those sections, evidence of the compliance history
484484 of an applicant for an injection well may be offered at a hearing on
485485 the application and may be admitted into evidence, subject to the
486486 rules of evidence.] Evidence of an applicant's record of [the]
487487 compliance for the preceding five years [history of an applicant]
488488 for an injection well permit may be offered by the executive
489489 director at a hearing on the application and admitted into evidence
490490 subject to the rules of evidence. All evidence admitted, including
491491 the record of compliance for the preceding five years [history],
492492 shall be considered by the commission in determining whether to
493493 issue, amend, extend, or renew a permit. If the commission
494494 concludes that the applicant's record of compliance for the
495495 preceding five years [history] is unacceptable, the commission
496496 shall deny the permit. In this subsection, "environmental
497497 management system" has the meaning assigned by Section 5.127.
498498 SECTION 23. Sections 32.101(c) and (d), Water Code, are
499499 amended to read as follows:
500500 (c) The commission, in determining if the use or
501501 installation of a subsurface area drip dispersal system is in the
502502 public interest under Subsection (a)(1), shall consider:
503503 (1) the record of compliance for the preceding five
504504 years [history] of the applicant and related entities [under the
505505 method for using compliance history developed by the commission
506506 under Section 5.754 and] in accordance with the provisions of
507507 Subsection (d) [of this section];
508508 (2) whether there is a practical, economic, and
509509 feasible alternative to a subsurface area drip dispersal system
510510 reasonably available; and
511511 (3) any other factor the commission considers
512512 relevant.
513513 (d) The commission shall establish a procedure for the
514514 preparation of comprehensive summaries of the applicant's record of
515515 compliance for the preceding five years [history], including the
516516 record of compliance for the preceding five years [history] of any
517517 corporation or other business entity managed, owned, or otherwise
518518 closely related to the applicant. The summaries shall be made
519519 available to the applicant and any interested person after the
520520 commission has completed its technical review of the permit
521521 application and prior to giving public notice relating to the
522522 issuance of the permit. Evidence of compliance or noncompliance by
523523 an applicant for a subsurface area drip dispersal system permit
524524 with environmental statutes and the rules adopted or orders or
525525 permits issued by the commission may be offered by any party at a
526526 hearing on the applicant's application and admitted into evidence
527527 subject to applicable rules of evidence. Evidence of the record of
528528 compliance for the preceding five years [history] of an applicant
529529 for a subsurface area drip dispersal system permit may be offered by
530530 the executive director at a hearing on the application and admitted
531531 into evidence subject to the rules of evidence. The commission
532532 shall consider all evidence admitted, including the record of
533533 compliance for the preceding five years [history], in determining
534534 whether to issue, amend, extend, or renew a permit. If the
535535 commission concludes that the applicant's record of compliance for
536536 the preceding five years [history] is unacceptable, the commission
537537 shall deny the permit.
538538 SECTION 24. The following provisions are repealed:
539539 (1) the heading to Subchapter Q, Chapter 5, Water
540540 Code;
541541 (2) Sections 5.751, 5.752, 5.753, 5.754, 5.755, 5.756,
542542 and 5.757, Water Code;
543543 (3) Section 361.0215(c), Health and Safety Code;
544544 (4) Section 361.088(g), Health and Safety Code; and
545545 (5) Section 27.051(h), Water Code.
546546 SECTION 25. The change in law made by this Act applies only
547547 to an application for a permit, permit amendment, or permit renewal
548548 that is filed with the Texas Commission on Environmental Quality on
549549 or after the effective date of this Act. An application for a
550550 permit, permit amendment, or permit renewal that is filed with the
551551 commission before the effective date of this Act is governed by the
552552 law in effect on the date the application is filed, and that law is
553553 continued in effect for that purpose.
554554 SECTION 26. This Act takes effect September 1, 2013.