Part 1.
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Chapter 9.
TRAINING
The Texas Commission on Environmental Quality (commission) proposes
an amendment to 9.1. The commission also proposes new §§9.10 - 9.17.
BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE PROPOSED RULES
Texas Government Code, Chapter 656, Subchapter C, mandates that state agencies
adopt rules relating to the eligibility of employees for training and education
supported by the agency and the obligations assumed by employees upon receiving
the training and education. It also authorizes agencies to use public funds
to provide job-related training and education for its employees and to require
employees to attend job-related training. Additionally, it identifies the
specific purposes of agency training and education programs, and mandates
that agencies adopt policies that relate to an employee's duties following
participation in an education assistance program.
SECTION BY SECTION DISCUSSION
The proposed amendments to Chapter 9, Training for Commissioners, include
changing the title of the chapter to "Training" to broaden the scope of the
chapter by including training for commissioners and the agency's employee
training and education programs. Proposed new Subchapter A, Training for Commissioners,
contains the existing sections of Chapter 9. Proposed new Subchapter B, Employee
Training and Education, establishes the agency's training and education programs.
Subchapter A, Training for Commissioners
The proposed amendment to §9.1, Purpose, changes the name of the commission
from the Texas Natural Resource Conservation Commission to the Texas Commission
on Environmental Quality.
Subchapter B, Employee Training and Education
The proposed new §9.10, Purpose, establishes the purpose of this subchapter,
which is to govern procedures applicable to the employee training and education
assistance programs of the agency.
The proposed new §9.11, Definitions, establishes definitions for words
and terms used in this subchapter.
The proposed new §9.12, Scope, identifies the types of opportunities
available through the employee training and education assistance programs.
The proposed new §9.13, Eligibility, identifies eligibility requirements
for participating in employee training and education assistance programs.
The proposed new §9.14, Obligations, specifies the obligations that
employees assume for participating in the employee training and education
assistance programs.
The proposed new §9.15, Reimbursement, identifies the sources of funding
for the employee training and education assistance programs.
The proposed new §9.16, Training Records, identifies responsibilities
for maintaining a centralized training management system for all employees,
as well as individual training records for employees.
The proposed new §9.17, At-Will Employment, establishes that approval
to participate in agency training and education programs does not affect an
employee's at-will employment status.
FISCAL NOTE: COSTS TO STATE AND LOCAL GOVERNMENT
John Davis, Technical Specialist in the Strategic Planning and Appropriations
Section, has determined that for the first five-year period the proposed amendment
and new sections are in effect, there will be no significant fiscal implications
for the agency or any other unit of state government as a result of administration
or enforcement of the proposed rulemaking. The proposed rulemaking is procedural
in nature and only affects the commission.
The proposed amendments would formalize existing training practices and
regulations within the commission, and update references to the commission's
name to reflect the name change to the Texas Commission on Environmental Quality.
No significant fiscal implications are anticipated for the commission or any
other unit of state or local government due to implementation of the proposed
rulemaking.
PUBLIC BENEFITS AND COSTS
Mr. Davis also determined that for each year of the first five years the
proposed amendment and new sections are in effect, the public benefit anticipated
from enforcement of and compliance with the proposed rulemaking will be assurance
that funds expended for training and education of commission employees will
be in accordance with legislative mandates.
The proposed rulemaking would formalize existing training practices and
regulations within the commission, and update references to the commission's
name to reflect the name change to the Texas Commission on Environmental Quality.
No significant fiscal implications are anticipated for any individual or business
due to implementation of the proposed rulemaking.
SMALL BUSINESS AND MICRO-BUSINESS ASSESSMENT
There will be no adverse fiscal implications for small or micro-businesses
as a result of implementation of the proposed amendment and new sections,
which would formalize existing training practices and regulations within the
commission, and update references to the commission's name to reflect the
name change to the Texas Commission on Environmental Quality. No significant
fiscal implications are anticipated for any individual or business due to
implementation of the proposed rulemaking.
LOCAL EMPLOYMENT IMPACT STATEMENT
The commission has reviewed this proposed rulemaking and determined that
a local employment impact statement is not required because the proposed rules
do not adversely affect a local economy in a material way for the first five
years that the proposed rules are in effect.
DRAFT REGULATORY IMPACT ANALYSIS DETERMINATION
The commission reviewed the proposed rulemaking in light of the regulatory
analysis requirements of Texas Government Code, §2001.0225, and determined
that the rulemaking is not subject to §2001.0225 because it does not
meet the definition of a "major environmental rule" as defined in that statute.
"Major environmental rule" means a rule the specific intent of which is to
protect the environment or reduce risks to human health from environmental
exposure and that may adversely affect in a material way the economy, a sector
of the economy, productivity, competition, jobs, the environment, or the public
health and safety of the state or a sector of the state. The proposed rulemaking
does not meet the definition of "major environmental rule" because the rulemaking
is not specifically intended to protect the environment or reduce risks to
human health from environmental exposure and is intended to simply implement
the State Employees Training Act. The commission invites public comment on
the draft regulatory impact analysis determination.
TAKINGS IMPACT ASSESSMENT
The commission evaluated the proposed rulemaking and performed a preliminary
assessment of whether Texas Government Code, Chapter 2007, is applicable.
The specific primary purpose of the proposed rulemaking is to revise commission
rules to comply with Texas Government Code, Chapter 656, Subchapter C. This
proposed rule will substantially advance this stated purpose by providing
specific procedures applicable to the employee training and education assistance
programs of the agency. Accordingly, promulgation and enforcement of the rule
will not burden private real property. Further, as explained in this section,
the proposed rule does not affect private property in a manner which restricts
or limits an owner's right to the property that would otherwise exist in the
absence of governmental action. Consequently, the proposed rulemaking action
does not meet the definition of a takings under Texas Government Code, §2007.002(5).
CONSISTENCY WITH THE COASTAL MANAGEMENT PROGRAM
The commission reviewed the proposed rulemaking and found that the rules
are neither identified in Coastal Coordination Act Implementation Rules, 31
TAC §505.11, nor will they affect any action/authorization identified
in Coastal Coordination Act Implementation Rules, 31 TAC 505.11. Therefore,
the proposed rules are not subject to the Texas Coastal Management Program.
SUBMITTAL OF COMMENTS
Comments may be submitted to Joyce Spencer, Office of Environmental Policy,
Analysis, and Assessment, Texas Commission on Environmental Quality, MC 205,
P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. All
comments should reference Rule Log Number 2002-067- 009-AD. Comments must
be received by 5:00 p.m., December 23, 2002. For further information, please
contact Clifton Wise, Policy and Regulations Division, at (512) 239-2263.
Subchapter A. TRAINING FOR COMMISSIONERS
30 TAC §9.1
STATUTORY AUTHORITY
The amendment is proposed under Texas Water Code (TWC), §5.103, which
provides the commission authority to adopt any rules necessary to carry out
its powers and duties under this code and other laws of this state and to
adopt rules repealing any statement of general applicability that interprets
law or policy; and §5.105, which authorizes the commission to establish
and approve all general policy of the commission by rule.
The proposed amendment implements Texas Government Code, §656.048,
which requires state agencies to adopt rules relating to training and education.
§9.1.Purpose.
This
subchapter
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on November 7, 2002.
TRD-200207287
Stephanie Bergeron
Director, Environmental Law Division
Texas Commission on Environmental Quality
Earliest possible date of adoption: December 22, 2002
For further information, please call: (512) 239-5017
30 TAC §§9.10 - 9.17
STATUTORY AUTHORITY
The new sections are proposed under TWC, §5.103, which provides the
commission authority to adopt any rules necessary to carry out its powers
and duties under this code and other laws of this state; §5.105, which
authorizes the commission to establish and approve all general policy of the
commission by rule; and Texas Government Code, §656.048, which requires
state agencies to adopt rules relating to the eligibility of the agency's
administrators and employees for training and education supported by the agency
and the obligations assumed by the administrators and employees on receiving
the training and education.
The proposed new sections implement Texas Government Code, §656.048,
which requires state agencies to adopt rules relating to training and education.
§9.10.Purpose.
(a)
This subchapter governs procedures applicable to the employee
training and education programs of the agency.
(b)
The commission encourages the professional development
of its employees through job-related training and education assistance programs
that are designed to:
(1)
prepare employees for technological and legal developments;
(2)
increase employees' work capabilities; and
(3)
increase employees' professional and technical competence.
§9.11.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1)
Education assistance -- Reimbursement of specific costs
for job-related learning opportunities provided by universities, colleges,
or other institutions of higher learning.
(2)
In-service training and education -- Job-oriented training
that is provided within the agency by staff, other state entities, federal
organizations, or private vendors.
(3)
Out-of-agency staff development -- Workshops, seminars,
institutes, training sessions, college courses, and other programs or activities
offered outside the agency either within or outside the state.
§9.12.Scope.
Employee training and education includes two components: the employee
training program and the education assistance program.
(1)
The employee training program includes the full range of
training opportunities provided through in-service training and education
as well as out-of-agency staff development opportunities.
(A)
In-service training includes, but is not limited to:
(i)
core curricula courses identified by the executive director
for completion by all employees to ensure compliance with federal and state
mandates, as well as critical agency policies and procedures;
(ii)
technical courses that satisfy technical knowledge and
skill requirements for effective job performance in a specific classification
series;
(iii)
computer-related basic and advanced courses for desktop
applications, as well as advanced courses for information technology professionals
and other staff who use advanced computer applications;
(iv)
staff development courses that satisfy general knowledge
and skill requirements for effective job performance in diverse classification
series; and
(v)
management development courses that satisfy knowledge and
skill requirements for effective job performance in supervisory, managerial,
and executive positions.
(B)
Out-of-agency staff development includes, but is not limited
to, workshops, seminars, institutes, training sessions, and other programs
or activities offered outside the agency either within or outside the state.
(C)
The employee training program encompasses training delivered
via a variety of media including, but not limited to, computer-based, videotape,
Internet-based, satellite-broadcast, webcast, and instructor-led.
(2)
The education assistance program provides out-of-agency
staff development opportunities. It includes courses provided through a university,
college, or other institution of higher learning via a variety of delivery
media, such as instructor-led or Internet-based.
§9.13.Eligibility.
(a)
Employee training program. All full-time employees are
eligible to participate in the agency's training program to increase their
job-related knowledge and skills, without regard to race, color, religion,
sex, sexual orientation, age, national origin, disability, or veteran status.
(b)
Education assistance program. Full-time employees may participate
in the agency's education assistance program without regard to the employee's
race, color, religion, sex, sexual orientation, age, national origin, disability,
or veteran status, if they meet the following eligibility requirements as
set forth in the agency's policies:
(1)
tenure requirement;
(2)
performance requirements; and
(3)
conduct requirements.
§9.14.Obligations.
Employees who participate in the agency's training and education programs
are obligated to comply with agency policies and procedures regarding these
programs.
§9.15.Reimbursement.
(a)
Employee training program.
(1)
Funding for employee training is provided through the agency's
central training account or the employee's respective division.
(2)
The employee's respective division funds travel-related
expenses for training participation.
(b)
Education assistance program. The employee's respective
division funds reimbursement of specific tuition-related expenses that have
been approved by the division director. To qualify for reimbursement, courses
requested by the employee must be provided through an accredited institution
of higher learning and:
(1)
directly related to improving specific knowledge and skills;
(2)
related to essential job functions of the current or prospective
position;
(3)
needed for a special job assignment; or
(4)
required for a career ladder promotion.
§9.16.Training Records.
(a)
The Training Academy shall maintain training records for
all agency employees via an automated training management system.
(b)
Supervisors shall maintain individual training records
for their employees that include training not provided through the Training
Academy.
§9.17.At-Will Employment Status.
Approval to participate in the agency's training and education programs
shall not in any way affect an employee's at-will status. Participation in
these programs shall not constitute a guarantee or indication of future employment
in a current or prospective position.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on November 7, 2002.
TRD-200207288
Stephanie Bergeron
Director, Environmental Law Division
Texas Commission on Environmental Quality
Earliest possible date of adoption: December 22, 2002
For further information, please call: (512) 239-5017
30 TAC §10.7
The Texas Commission on Environmental Quality (commission)
proposes an amendment to §10.7.
BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE PROPOSED RULE
Existing §10.7(a) provides that the chief clerk shall make audio recordings
of commission meetings which shall serve as minutes, and that the chief clerk
shall keep all recordings in the commission's permanent records. Under Texas
Government Code, §551.021(a), a governmental body is required to prepare
and keep minutes or make a tape recording of each open meeting of the governmental
body. Because of concerns over the feasibility of retaining audio recordings
as permanent records, the commission proposes to amend the existing rule requiring
audio recordings. Rather than requiring audio recordings to serve as the minutes,
the proposal would require the chief clerk to prepare written minutes of each
commission open meeting.
Texas Government Code, §551.021(b), requires that the minutes must
state the subject of each deliberation and indicate each vote, order, decision,
or other action taken. The commission proposes to amend §10.7(a) to incorporate
this statutory language. The proposal would also require that the minutes
be kept in accordance with the agency's records retention schedule. Although
the proposed amendment changes the media of the minutes, the commission proposes
to require the agency to make an audio recording of each commission open meeting
and retain the recording for ten years unless a longer period is required
by Texas Government Code, §441.187(b). Section 441.187(b) provides that
a state record may not be destroyed if any litigation, claim, negotiation,
audit, open records request, administrative review, or other action involving
the record is initiated before the expiration of the applicable retention
period until completion of the action and resolution of all issues that arise
from the action.
SECTION DISCUSSION
The proposed amendment to §10.7(a) deletes the language requiring
the chief clerk to make audio recordings of commission meetings, which serve
as the minutes, and deletes the language requiring the chief clerk to keep
all recordings in the commission's permanent records. This deleted language
is proposed to be replaced with language requiring the chief clerk to prepare
written minutes of each commission open meeting, which shall state the subject
of each deliberation and indicate each vote, order, decision, or other action
taken. Section 10.7(a) is also proposed to be amended to state that the general
counsel is authorized to approve the minutes, which shall be kept in accordance
with the agency's records retention schedule. Existing §10.7(b) is proposed
to be redesignated as subsection (c), in order to accommodate the addition
of proposed subsection (b), which states that the agency shall make an audio
recording of each commission open meeting which shall be retained for ten
years after creation unless a longer retention period is required by Texas
Government Code, §441.187(b). Finally, proposed subsection (c) would
change "chief clerk" to "agency" in the first sentence, to more accurately
reflect duties and responsibilities.
FISCAL NOTE: COSTS TO STATE AND LOCAL GOVERNMENT
John Davis, Technical Specialist in the Strategic Planning and Appropriations
Section, has determined that for the first five-year period the proposed amendment
is in effect, there will be no significant fiscal implications for the agency
or any other unit of state government as a result of administration or enforcement
of the proposed amendment. The proposed amendment is procedural in nature
and only affects the commission.
The proposed amendment would require the commission to maintain written
minutes of each commission open meeting, in lieu of the existing method utilizing
audio tapes. The written minutes would be maintained in accordance with the
commission's records retention schedule. Audio recordings of each commission
open meeting will still be retained for at least ten years, but will not be
considered the official minutes of the meeting. No significant fiscal implications
are anticipated for the commission or any other unit of state or local government
due to implementation of the proposed amendment.
PUBLIC BENEFITS AND COSTS
Mr. Davis also determined that for each year of the first five years the
proposed amendment is in effect, the public benefit anticipated from enforcement
of and compliance with the proposed amendment will be access to the minutes
for commission open meetings via written or audio recordings.
The proposed amendment would require the commission to maintain written
minutes of each commission open meeting, in lieu of the existing method utilizing
audio tapes. The written minutes would be maintained in accordance with the
commission's records retention schedule. Audio recordings of each commission
open meeting will still be retained for at least ten years, but will not be
considered the official minutes of the meeting. No significant fiscal implications
are anticipated for any individual or business due to implementation of the
proposed amendment.
SMALL BUSINESS AND MICRO-BUSINESS ASSESSMENT
There will be no adverse fiscal implications for small or micro-businesses
as a result of implementation of the proposed amendment, which would require
the commission to maintain written minutes of each commission open meeting,
in lieu of the existing method utilizing audio tapes. The written minutes
would be maintained in accordance with the commission's records retention
schedule. Audio recordings of each commission open meeting will still be retained
for at least ten years, but will not be considered the official minutes of
the meeting. No fiscal implications are anticipated for any small or micro-business
due to implementation of the proposed amendment.
LOCAL EMPLOYMENT IMPACT STATEMENT
The commission has reviewed this proposed rulemaking and determined that
a local employment impact statement is not required because the proposed rule
does not adversely affect a local economy in a material way for the first
five years that the proposed rule is in effect.
DRAFT REGULATORY IMPACT ANALYSIS DETERMINATION
The commission reviewed the proposed rulemaking in light of the regulatory
analysis requirements of Texas Government Code, §2001.0225, and determined
that the proposed rulemaking is not subject to §2001.0225 because it
does not meet the definition of a "major environmental rule" as defined in
the statute. Furthermore, it does not meet any of the four applicability requirements
listed in §2001.0225(a).
A "major environmental rule" means a rule, the specific intent of which
is to protect the environment or reduce risks to human health from environmental
exposure and that may adversely affect in a material way the economy, productivity,
competition, jobs, the environment, or the public health and safety of the
state or a sector of the state. Because the specific intent of the proposed
rulemaking is procedural in nature and revises procedures concerning minutes
and recordings of commission meetings, the rulemaking does not meet the definition
of a "major environmental rule."
In addition, even if the proposed rule is a major environmental rule, a
draft regulatory impact analysis is not required because the rule does not
exceed a standard set by federal law, exceed an express requirement of state
law, exceed a requirement of a delegation agreement, or propose to adopt a
rule solely under the general powers of the agency. This proposal does not
exceed a standard set by federal law because federal law does not set standards
for the media of commission minutes. This proposal does not exceed an express
requirement of state law because it is authorized by Texas Government Code, §551.021.
This proposal does not exceed a requirement of a delegation agreement or contract
between the state and an agency or representative of the federal government
to implement a state and federal program because no delegation agreement addresses
the media of commission minutes. This proposal does not adopt a rule solely
under the general powers of the agency, but rather under Texas Government
Code, §551.021. The commission invites public comment on the draft regulatory
impact analysis determination.
TAKINGS IMPACT ASSESSMENT
The commission evaluated this proposed rulemaking action and performed
a preliminary analysis of whether the proposed rule is subject to Texas Government
Code, Chapter 2007. The specific primary purpose of the proposed rulemaking
is to revise commission rules relating to minutes and recordings of commission
meetings. This proposed rule will substantially advance this stated purpose
by providing specific procedural requirements relating to making and keeping
written minutes and recordings of commission meetings. Accordingly, promulgation
and enforcement of the rule will not burden private real property. Further,
as explained in this section, the proposed rule does not affect private property
in a manner which restricts or limits an owner's right to the property that
would otherwise exist in the absence of governmental action. Consequently,
the proposed rulemaking action does not meet the definition of a takings under
Texas Government Code, §2007.002(5).
CONSISTENCY WITH THE COASTAL MANAGEMENT PROGRAM
The commission determined that the proposed rulemaking does not relate
to an action or actions subject to the Texas Coastal Management Program (CMP)
in accordance with the Coastal Coordination Management Act of 1991, as amended
(Texas Natural Resources Code, §§33.201
et seq
.) and the commission rules in 30 TAC Chapter 281, Subchapter
B, concerning Consistency with Texas Coastal Management Program. The proposed
action concerns only the procedural rules of the commission, is not substantive
in nature, does not govern or authorize any actions subject to the CMP, and
is not itself capable of adversely affecting a coastal natural resource area
(31 TAC Natural Resources and Conservation Code, Chapter 505; 30 TAC §§281.40
SUBMITTAL OF COMMENTS
Comments may be submitted to Joyce Spencer, 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
2002-067-009-AD. Comments must be received by 5:00 p.m., December 23, 2002.
For further information contact Ray Henry Austin, Policy and Regulations Division,
at (512) 239-6814.
STATUTORY AUTHORITY
The amendment is proposed under Texas Water Code (TWC), §5.103, which
provides the commission authority to adopt any rules necessary to carry out
its powers and duties under this code and other laws of this state and to
adopt rules when adopting, repealing, or amending any agency statement of
general applicability that interprets or prescribes law or policy, or describes
the procedure or practice requirements of an agency; TWC, §5.105, which
authorizes the commission to establish and approve all general policy of the
commission by rule; and Texas Government Code, §551.021, which requires
a governmental body to prepare and keep minutes or make a tape recording of
each open meeting of the body.
The proposed amendment implements TWC, §5.103 and §5.105; and
Texas Government Code, §551.021.
§10.7.Minutes of Commission Meeting.
(a)
The chief clerk shall prepare written minutes of each
commission open meeting, which shall state the subject of each deliberation
and indicate each vote, order, decision, or other action taken. The general
counsel is authorized to approve the minutes, which shall be kept in accordance
with the agency's records retention schedule.
[
(b)
The agency shall make an audio recording
of each commission open meeting, which shall be retained for ten years after
creation, unless a longer retention period is required by Texas Government
Code, §441.187(b).
(c)
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on November 7, 2002.
TRD-200207289
Stephanie Bergeron
Director, Environmental Law Division
Texas Commission on Environmental Quality
Earliest possible date of adoption: December 22, 2002
For further information, please call: (512) 239-5017
The Texas Commission on Environmental Quality (commission) proposes
amendments to §20.9, Submission of Documents and §20.15, Petition
for Adoption of Rules. The commission also proposes the repeal of §20.19,
Working Committees and Groups.
BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE PROPOSED RULES
The proposed amendments and repeal are as a result of the quadrennial review
of this chapter (Rule Log Number 2002-014-020-AD) which was published in
the August 23, 2002 issue of the
Texas Register
(27
TexReg 7997).
SECTION BY SECTION DISCUSSION
Proposed §20.9, Submission of Documents, is reworded to clarify the
deadline for the submission of documents to the executive director. This is
necessary for a clearer understanding of document submission requirements.
Proposed §20.15, Petition for Adoption of Rules, includes an update
of the agency's name. During the 77th Legislature, 2001, the agency underwent
the sunset review process culminating in the enactment of House Bill (HB)
2912, which, among other things, extended the term of the agency to September
1, 2013, and changed its name to the Texas Commission on Environmental Quality.
HB 2912, §18.01(a), states that: "Effective January 1, 2004: (1) the
name of the Texas Natural Resource Conservation Commission is changed to the
Texas Commission on Environmental Quality, and all the powers, duties, rights,
and obligations of the Texas Natural Resource Conservation Commission are
the powers, duties, rights and obligations of the Texas Commission on Environmental
Quality...."
Proposed §20.19, Working Committees and Groups, would be repealed.
This is necessary to remove rule language that is already more appropriately
addressed in 30 TAC Chapter 5, Advisory Groups.
FISCAL NOTE: COSTS TO STATE AND LOCAL GOVERNMENT
John Davis, Technical Specialist with Strategic Planning and Appropriations,
determined that for the first five-year period the proposed rules are in effect,
there will be no significant additional fiscal implications for the agency
or any other unit of state and local government due to administration and
enforcement of the proposed rules.
The proposed rules are intended to update Chapter 20 by changing the agency's
name from the "Texas Natural Resource Conservation Commission" to the "Texas
Commission on Environmental Quality." Additionally, the proposed rules are
intended to revise and clarify the section relating to the submission of documents
to the executive director. The document submission language proposed for revisions
under this rulemaking is intended to clarify when written documents may be
submitted to the executive director. Last, the commission intends to repeal
the working groups language that is currently addressed in Chapter 20 because
it is already more appropriately addressed in Chapter 5. No significant fiscal
implications are anticipated for any unit of state or local government due
to implementation of the proposed rules.
PUBLIC BENEFITS AND COSTS
Mr. Davis also determined that for each year of the first five years the
proposed rules are in effect, the public benefit anticipated from enforcement
of and compliance with the proposed rules will be a clearer understanding
of document submission requirements.
The proposed rules are intended to update Chapter 20 by changing the agency's
name from the "Texas Natural Resource Conservation Commission" to the "Texas
Commission on Environmental Quality." Additionally, the proposed rules are
intended to revise and clarify the section relating to the submission of documents
to the executive director. The document submission language proposed for revisions
under this rulemaking is intended to clarify when written documents may be
submitted to the executive director. Last, the commission intends to repeal
the working groups language that is currently addressed in Chapter 20, because
it is already more appropriately addressed in Chapter 5. No significant fiscal
implications are anticipated for any individual or business due to implementation
of the proposed rules.
SMALL BUSINESS AND MICRO-BUSINESS ASSESSMENT
No adverse fiscal implications are anticipated for small or micro-businesses
as a result of implementing the proposed rules, which are intended to update
Chapter 20 by changing the agency's name from the "Texas Natural Resource
Conservation Commission" to the "Texas Commission on Environmental Quality."
Additionally, these proposed rules are intended to revise and clarify the
section relating to the submission of documents to the executive director.
The document submission language proposed for revisions under this rulemaking
is intended to clarify when written documents may be submitted to the executive
director. Last, the commission intends to repeal the working groups language
that is currently addressed in Chapter 20, because it is already more appropriately
addressed in Chapter 5. No significant fiscal implications are anticipated
for any small or micro-business due to implementation of the proposed rules.
LOCAL EMPLOYMENT IMPACT STATEMENT
The commission reviewed these proposed rules and determined that a local
employment impact statement is not required because the proposed rules do
not adversely affect a local economy in a material way for the first five
years that the proposed rules are in effect.
DRAFT REGULATORY IMPACT ANALYSIS DETERMINATION
Staff reviewed the proposed rulemaking in light of the regulatory analysis
requirements of Texas Government Code, §2001.0225, and determined that
the rulemaking action is not subject to §2001.0225 because it does not
meet the definition of a "major environmental rule" as defined in that statute.
A major environmental rule means a rule, the specific intent of which is to
protect the environment or reduce risks to human health from environmental
exposure and that may adversely affect in a material way the economy, a sector
of the economy, productivity, competition, jobs, the environment, or the public
health and safety of the state or a sector of the state.
The principal intent of these proposed rules is to amend Chapter 20 due
to the name change of the agency from the "Texas Natural Resource Conservation
Commission" to the "Texas Commission on Environmental Quality" and to revise
administrative practices of the agency. The proposed amendment to §20.9
clarifies the deadline for the submission of comments and §20.19 is repealed
because this language addresses an issue that is better addressed in another
chapter. The proposed rules are not specifically intended to protect the environment
or reduce risks to human health. The proposed rules affect the commission's
administrative procedures. Therefore, these proposed rules will not adversely
affect in a material way the economy, a sector of the economy, productivity,
competition, jobs, the environment, or the public health and safety of the
state or a sector of the state. The commission concludes that these proposed
rules do not meet the definition of major environmental rule. The commission
invites public comment regarding the draft regulatory impact analysis determination.
TAKINGS IMPACT ASSESSMENT
Staff conducted a takings impact assessment for these proposed rules in
accordance with Texas Government Code, Chapter 2007. The principal intent
of this proposal is to amend Chapter 20 due to the name change of the agency
from the "Texas Natural Resource Conservation Commission" to the "Texas Commission
on Environmental Quality" and to revise and repeal sections relating to the
commission's administrative procedures. The proposed rules would be neither
a statutory nor a constitutional taking because they do not affect private
real property. Specifically, the proposed rules only revise or repeal some
of the commission's administrative procedures, and do not affect a landowner's
rights in private real property by burdening private real property, nor restricting
or limiting a landowner's right to property, or reducing the value of property
by 25% or more beyond that which would otherwise exist in the absence of the
proposed rules. Therefore, the proposed rules will not constitute a taking
under Texas Government Code, Chapter 2007.
CONSISTENCY WITH THE COASTAL MANAGEMENT PROGRAM
The commission reviewed the proposed rules and found that the rules are
neither identified in the Coastal Coordination Act Implementation Rules, 31
TAC §505.11, relating to Actions and Rules Subject to the Texas Coastal
Management Program (CMP), nor will they affect any action/authorization identified
in the Coastal Coordination Act Implementation Rules, 31 TAC 505.11. Therefore,
the proposed rules are not subject to the CMP. The commission invites public
comment regarding the consistency of the proposed rules with the CMP.
ANNOUNCEMENT OF HEARING
The commission will hold a public hearing on this proposal in Austin on
December 17, 2002 at 10:00 a.m. in Building F, Room 2210, at the commission's
central office located at 12100 Park 35 Circle. 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 be permitted during the hearing; however, commission staff
members will be available to discuss the proposal 30 minutes before the hearing
and will answer questions before and after the hearing.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact the Office of
Environmental Policy, Analysis, and Assessment at (512) 239-4900. Requests
should be made as far in advance as possible.
SUBMITTAL OF COMMENTS
Comments may be submitted to Angela Slupe, 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
2002-060-020-AD. Comments must be received by 5:00 p.m., December 23, 2002.
For further information or questions concerning this proposal, please contact
Debi Dyer, Policy and Regulations Division, at (512) 239-3972.
chapter
] governs procedures
applicable to the training of commissioners of the Texas
Commission on
Environmental Quality
[
Natural Resource Conservation Commission
] appointed on or after January 1, 2002.
Subchapter B. EMPLOYEE TRAINING AND EDUCATION
Chapter 10.
COMMISSION MEETINGS
The chief clerk
shall make audio recordings of commission meetings, which shall serve as the
minutes. The chief clerk shall keep all recordings in the commission's permanent
records.
]
(b)
] The
agency
[
chief clerk
] shall not make audio recordings of closed sessions of commission
meetings properly held in accordance with the requirements of the Open Meetings
Act. Except for a private consultation with an attorney under [
the
]
Open Meetings Act, §551.071, the general counsel or chairman shall keep
a certified agenda of each closed session. A certified agenda of a closed
session is available for public inspection and copying only under the requirements
of Open Meetings Act, §551.104(b)(3).
Chapter 20.
RULEMAKING