Marked Agenda
Commissioners' Work Session
Friday, June 19, 1998
9:00 a.m.
Radian Corporation, Bldg. 5 Conference Center, 8501 MoPac Blvd., Austin


This meeting is a work session for discussion between commissioners and staff. No public testimony or comment will be accepted except by invitation of the commission.

  1. Consideration of proposals by agency staff for recommendations to the 76th Texas Legislature, interim studies, and other issues relevant to the 76th Texas Legislature. David Duncan (IGR) presented this item. The commission directed the staff to present the following items to the Legislative Council for drafting of legislation for the next regular session:
    Recommendation 3, relating to excluding Class A sludge from fee collection under Chapter 361.013, Water Code;
    Recommendation 11, relating to conducting certain grant programs with state or federal funds and federally-funded pass through programs;
    Recommendation 12, relating to contracting for goods and services with other states;
    Recommendation 13, relating to requiring a permit amendment and best available control technology for reconstruction of an existing permitted facility or a new facility associated with an existing permitted facility;
    Recommendation 15, relating to consolidation of permit transfer requirements;
    Recommendation 16, relating to revocation of registrations granted on the basis of inaccurate information;
    Recommendation 17, 18, 19, and 20, relating to consolidation of public notice requirements;
    Recommendation 24, relating to the definition of “low-level radioactive waste” and related definitions; and
    Recommendation 25, relating to TNRCC authority to grant exemptions for disposal of radioactive substances.

    The commission directed the staff to submit the following recommendations to legislative interim committees for possible inclusion in interim study reports:
    Recommendation 1, relating to the UIC application fee;
    Recommendation 28, relating to the jurisdiction between the TNRCC and the Water Well Drillers Board;
    Recommendation 31, relating to the cleanup of closed and abandoned landfills;
    Recommendation 32, relating to the incorporation of Regulatory Assessment fee requirements in the Public Water System fee;
    Recommendation 33, relating to approval of the temporary transfer of no more than 25 acre-feet of water;
    Recommendation 35, relating to general permits for wastewater discharges;
    Recommendation 36, relating to the transfer or outsourcing of occupational licensing programs; and
    Recommendation 37, relating to consolidation of S.B. 1 enforcement provisions.

    The commission directed the staff to discuss the following recommendations with other agencies, as indicated in parentheses, for possible presentation to the legislature by those agencies:
    Recommendation 2, relating to fee rebates related to composted material (Recycled Market Development Board);
    Recommendations 4 and 5, relating to applying a customer’s credit in one account to a debit in another account (Office of the Comptroller);
    Recommendation 6, relating to cost recovery (Offices of the Comptroller and the Attorney General);
    Recommendations 7, 8, 9, and 10, relating to the assessment, collection and deposition into TNRCC accounts of late payment penalties and interest for fee assessments, cleanup of Superfund and PST sites, remediation of hazardous waste facilities, and unauthorized spills and discharges (Office of the Comptroller);
    Recommendation 21, relating to establishment of a certification program for commercial laboratories (Texas Department of Health);
    Recommendation 29, relating to transfer of the Marine Sanitation Device and Pump-Out Facilities certification programs to the Texas Parks and Wildlife Department (Parks and Wildlife Department); and
    Recommendation 30, relating to the transfer of authority for determining public health nuisances in economically distressed areas to the Texas Department of Health (Department of Health).

    Other recommendations were either not approved or were tabled pending further review.