Title 30, Part 1

The Texas Natural Resource Conservation Commission (TNRCC) proposes the review of 30 TAC Chapter 104, concerning Bond Certification Criteria for Air Pollution Control Facilities. This review is in accordance with the Texas Government Code, §2001.039, and the General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999, which require state agencies to review and consider for readoption each of their rules every four years. The review must include an assessment of whether the original justification for the rules continues to exist.

The rules currently codified as Chapter 104 were first adopted by the Texas Air Control Board (TACB) in early 1973. They allow companies and bond issuing agencies to apply for certification from the TACB (now TNRCC) that certain property or equipment qualifies as a "control facility." The statutory authority for these rules was the Texas Clean Air Financing Act (TCAFA), which defined a control facility as a facility which was designed to reduce or eliminate air pollution. The purpose of the TCAFA was to allow, if not promote, affordable financing for the purchase of such equipment, through the sale of tax- exempt industrial development bonds, a procedure that was authorized under the United States Internal Revenue Code. In order to qualify for this financing, property had to be officially certified as a "control facility" by the TACB. In 1986, however, the U.S. Congress deleted the bond program for air pollution control equipment from the Internal Revenue Code, effectively eliminating the financial incentive for obtaining these certifications. The last bond certification was issued in June, 1986.

Statutory authority for Chapter 104 remains in effect under Texas Health and Safety Code, Chapter 383 and continues to allow the TNRCC to issue control facility bond certifications with or without the procedural rules in Chapter 104. While the statute allows the commission to "prescribe necessary criteria and procedures for certifying a control facility," it does not require the commission to adopt rules to do so.

A preliminary review of the rules in Chapter 104 indicates that the agency no longer needs rules which specify bond certification criteria for air pollution control facilities. The last application was received in 1986 and the commission does not expect to receive any more requests for bond certification in the absence of the tax incentives associated with a federally-approved bond program. Today, companies may apply for ad valorem tax relief for new air pollution control equipment under 30 TAC Chapter 17, concerning Tax relief for Property Used for Environmental Protection.

Accordingly, the commission is proposing the repeal of Chapter 104 in the Proposed Rules section of this issue of the Texas Register. The repeal is proposed as a result of the commission's review of the rules and the action conforms to the commission's regulatory reform policy.

A public hearing on this proposal will be held April 11, 2000, at 10:00 a.m. in Building F, Room 3202A of Texas Natural Resource Conservation Commission, located at 12100 Park 35 Circle, Austin. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not occur during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing.

Comments may be submitted to Bettie Bell, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. All comments should reference Rule Log Number 1999-079-104-AI. Comments must be received by 5:00 p.m., April 17, 2000. For further information or questions concerning this proposal, please contact Barry Irwin, Policy and Regulations Division, (512) 239-1461.

TRD-200001654

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: March 2, 2000

Title 37, Part 1

The Texas Department of Public Safety (DPS) files this notice of intention to review Chapter 18 - Driver Education pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167.

As part of this review process, the DPS is proposing amendments to Chapter 18 §§18.1, 18.21 - 18.24, §8.31, and §18.32. The proposed amendments may be found in the Proposed Rules section of the Texas Register. The DPS will accept comments on the §167 requirements as to whether the reason for adopting the rules continues to exist in the comments filed on the proposed amendments.

DPS is not proposing any changes to Chapter 18: §§18.2 - 18.4, and §18.33. Comments regarding the §167 requirements as to whether the reason for adopting these sections of Chapter 18 continues to exist, may be submitted to Mary Ann Courter, Chief of Legal Services, Texas Department of Public Safety, Box 4087, Austin, Texas 78773-0140, (512) 424-2890 within 20 days after publication of this notice of intention to review.

Any questions pertaining to this notice of intention to review should be directed to Mary Ann Courter, Chief of Legal Services, Texas Department of Public Safety, Box 4087, Austin, Texas 78773-0140, (512) 424-2890.

TRD-200001522

Dudley M. Thomas

Director

Texas Department of Public Safety

Filed: February 29, 2000

Title 28, Part 2

The Texas Workers' Compensation Commission files this notice of intention to review the rules contained in Chapter 169 Workers' Health and Safety/Drug-Free Workplace Program. This review is pursuant to the General Appropriations Act, Article IX, §167, 75th Legislature, the General Appropriations Act, § 9-10, 76th Legislature, and Texas Government Code §2001.039 as added by Senate Bill (SB) 178, 76th Legislature.

The agency's reason for adopting the rules contained in these chapters continues to exist and it proposes to readopt these rules.

Comments regarding whether the reason for adopting these rules continues to exist must be received by 5:00 p.m. on April 17, 2000, and submitted to Donna Davila, Office of General Counsel, Mailstop #4-D, Texas Workers' Compensation Commission, Southfield Building, 4000 South IH 35, Austin, Texas 78704-7491.

Chapter 169 Workers' Health and Safety/Drug-Free Workplace Program, §169.1; Notification of Drug Abuse Policy, §169.2; Required Elements of Drug Abuse Policy.

TRD-200001735

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: March 7, 2000