LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 84TH LEGISLATIVE REGULAR SESSION March 30, 2015 TO: Honorable Troy Fraser, Chair, Senate Committee on Natural Resources & Economic Development FROM: Ursula Parks, Director, Legislative Budget Board IN RE:SB709 by Fraser (Relating to environmental permitting procedures for applications filed with the Texas Commission on Environmental Quality.), As Introduced No significant fiscal implication to the State is anticipated. The bill would shift the burden of producing evidence from the applicant to protesting parties in contested case hearings (CCH) on applications with the Texas Commission on Environmental Quality (TCEQ) for air quality; water quality; municipal, industrial and hazardous waste; and underground injection control permits. The bill would limit the issues that could be referred to the State Office of Administrative Hearings (SOAH) to the factual disputes actually raised by the "affected person." Finally, it would limit the time for a CCH to no longer than 180 days from the date of the preliminary hearing.Because the bill would streamline prima facie demonstration requirements, SOAH expects that the bill could reduce the time needed for evidentiary hearings and for the preparation of PFDs. This could result in a savings to the TCEQ, which contracts with SOAH for contested case hearings. Any savings resulting from the bill's passage is not expected to be significant. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies:360 State Office of Administrative Hearings, 582 Commission on Environmental Quality LBB Staff: UP, TL, SZ, ER
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 84TH LEGISLATIVE REGULAR SESSION
March 30, 2015
TO: Honorable Troy Fraser, Chair, Senate Committee on Natural Resources & Economic Development FROM: Ursula Parks, Director, Legislative Budget Board IN RE:SB709 by Fraser (Relating to environmental permitting procedures for applications filed with the Texas Commission on Environmental Quality.), As Introduced
TO: Honorable Troy Fraser, Chair, Senate Committee on Natural Resources & Economic Development
FROM: Ursula Parks, Director, Legislative Budget Board
IN RE: SB709 by Fraser (Relating to environmental permitting procedures for applications filed with the Texas Commission on Environmental Quality.), As Introduced
Honorable Troy Fraser, Chair, Senate Committee on Natural Resources & Economic Development
Honorable Troy Fraser, Chair, Senate Committee on Natural Resources & Economic Development
Ursula Parks, Director, Legislative Budget Board
Ursula Parks, Director, Legislative Budget Board
SB709 by Fraser (Relating to environmental permitting procedures for applications filed with the Texas Commission on Environmental Quality.), As Introduced
SB709 by Fraser (Relating to environmental permitting procedures for applications filed with the Texas Commission on Environmental Quality.), As Introduced
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would shift the burden of producing evidence from the applicant to protesting parties in contested case hearings (CCH) on applications with the Texas Commission on Environmental Quality (TCEQ) for air quality; water quality; municipal, industrial and hazardous waste; and underground injection control permits. The bill would limit the issues that could be referred to the State Office of Administrative Hearings (SOAH) to the factual disputes actually raised by the "affected person." Finally, it would limit the time for a CCH to no longer than 180 days from the date of the preliminary hearing.Because the bill would streamline prima facie demonstration requirements, SOAH expects that the bill could reduce the time needed for evidentiary hearings and for the preparation of PFDs. This could result in a savings to the TCEQ, which contracts with SOAH for contested case hearings. Any savings resulting from the bill's passage is not expected to be significant.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: 360 State Office of Administrative Hearings, 582 Commission on Environmental Quality
360 State Office of Administrative Hearings, 582 Commission on Environmental Quality
LBB Staff: UP, TL, SZ, ER
UP, TL, SZ, ER