Highlights 77th Texas Legislature - Senate

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NATURAL RESOURCES/General
77 th Texas Legislature
Administration and Policy
Sets forth standard Sunset Commission language related to the board and complaint procedure.
Authorizes TNRCC public interest counsel to recommend needed legislative and regulatory changes.
Authorizes counsel to obtain outside technical support when necessary to carry out its functions.
Requires TNRCC to develop and implement policies to protect the public from cumulative risks in areas of
concentrated operations. Requires TNRCC to give priority to monitoring and enforcement in areas where
regulated facilities are concentrated.
Requires TNRCC to adopt a comprehensive program providing regulatory incentives for the use of
environmental management systems by regulated entities, state agencies, and local governments. Defines
“environmental management system” as a documented management system addressing applicable
environmental regulatory requirements, and details an incentive approach.
Clarifies that TNRCC policy with regard to water quality is to maintain the public health and enjoyment, the
propagation and protection of wildlife, and the operation of existing industries, taking into consideration the
economic development of the state.
Clarifies that TNRCC may initiate an enforcement action based on information received from a private
individual if that information is of sufficient value and credibility. Allows the executive director to evaluate
such information using criteria adopted by TNRCC for this purpose.
Fees and Payment
Allows for transfer of fee revenues between programs, consolidates the agency’s water resource
management account, and clearly specifies that TNRCC may apply these monies to the cost of protecting
water resources in the state.
Restructures the annual wastewater inspection fee as a water quality fee for wastewater discharge permit
holders and water right holders, and allows TNRCC to consider equity among persons required to pay fees
as a factor in determining fee amount. Emphasizes that TNRCC may use fees to cover costs associated
with protecting the water resources of the state.
Authorizes TNRCC to issue an order for adjustment to a consumer’s bill if TNRCC executive director finds
that the public utility in question has failed to make proper adjustments at the conclusion of the complaint
process.
Performance-based Regulation
Establishes a performance-based regulatory structure programs within TNRCC’s jurisdiction relating to the
Solid Waste Disposal Act, the Clean Air Act, water quality control, water injection wells, and radioactive
materials.
Provides that “innovative programs” developed by TNRCC within these areas provide incentives in return
for benefits to the environment that would exceed benefits resulting from compliance with applicable legal
requirements. Requires designation of a single point of contact within TNRCC for coordination of all
innovative programs.
Senate Research Center 225