The House Committee on Environmental Regulation met on July 26 to take up HB 161 relating to counties ending low-income vehicle repair and retirement programs, HB 205 relating to the vehicle emissions inspection program, and HB 276 relating to solid waste facilities. The report below details these discussions.
 
HB 161 (Pickett) Relating to the authority of a county to end a low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement program in the county.

  • TCEQ gave an overview of the LIRAP program in Collin county
  • Pickett – asked how long it takes the commission to act
    • Depends on how long it takes to get through the process.
  • Pickett – what is the next step waiting on notification?
    • Waiting for DMV and other agencies to act.
  • Pickett – ability for counties to recover money that is kept by the state? Without this bill, they can’t get their money back? Intent is to account for money from the county and in the future return it to them.
    • Correct.
  • Thompson – what would happen if county was part of COG, but then decide to opt out of the program? Are counties put in a different position?
    • Different, but for those in COG they are not tracked. Rules are written that if there is an existing agreement with COG, the money would then be distributed among the counties in the COG.
  • Thompson – do COGs have ability to appropriate money for air quality?
    • Yes, there is the local initiative projects for air quality projects.
  • Pickett – how much money is in LIRAP that’s not appropriated?
    • $117 million, 4 out of 16 counties have opted out
    • Jeremiah Kings, DMV – explained the process for LIRAP at the DMV. Preparing for all 16 counties to leave the program. Would need to verify that online system is recalculating fees as they come in.
  • Pickett – what is the lag time?
    • 120-day lag time on the renewal notice. Must look at inspection code that was received the previous year.

 
Gary Boyd, Williamson County Environmental Director – For HB 161

  • Concern that there could be a retroactive fund to fall under.
  • Plans to take action on Aug. 1 – has been in contact with TCEQ
  • Pickett – TCEQ has to take action?
    • No, the rules in place allows for the process to be done administratively.

 
John White, Travis County Environmental Director – For HB 161

  • Great way to wind down the program and ensure the county gets their money.

 
HB 161 left pending.
 
HB 205 (Pickett) Relating to a review of the motor vehicle emissions inspection and maintenance program to vehicles of certain model years.

  • TCEQ explained their limitations with and without this legislation.
  • Clean Air Act requires test for emissions – has the power to reevaluate issues.
  • Can see numbers of new tests
  • TCEQ is required to give EPA reports with only a small allotted failure rate.

Michael Knowles, Texas State Inspection Association – On HB 205

  • Provided a handout to committee illustrating the history of Texas communities
  • Pickett – if a percentage could be agreed on, then a study could be done. Does not want to inconvenience the people of Texas.

 
Ed Marx, Texas State Inspection Association – On HB 205

  • SIP needs to be revised

 
HB 205 left pending.
 
HB 276 (Thompson, Ed) Relating to an assessment of the safety and regulation of municipal solid waste facilities.

  • Landfill study bill
  • Would like to see TCEQ given more ability to do more studies – inspections would help improve the standard of landfills
  • Committee visited some landfills with TCEQ
  • Fines for not doing items correctly are very minimal – believes it should be stricter

 
Earl Lott, TCEQ – Resource Witness

  • Has identified some areas that need to be stricter with a chance of rulemaking in the future
  • Cannot address issues to the enforcement side
  • Pickett – putting together recommendations to take to commission?
    • Yes, identified rural requirements and technical conditions that go into permitting process.
  • Pickett – agency has been criticized for big events with small fines, would like to be informed when recommendations will be made to commission.
    • Many changes have occurred in the last 11 years through rulemaking.

HB 276 left pending.