| |
|
|
|
| |
|
|
COMMITTEE VOTE |
|
|
|
| |
|
|
YeaNayAbsentPNV |
|
|
PerryX |
|
|
HancockX |
|
|
BlancoX |
|
|
FloresX |
|
|
GutierrezX |
|
|
JohnsonX |
|
|
KolkhorstX |
|
|
SparksX |
|
|
SpringerX |
|
|
|
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to local government and other political subdivision |
|
|
regulation of certain solid waste facilities. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 361.095, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 361.095. LOCAL PERMITS FOR [APPLICANT FOR] HAZARDOUS |
|
|
WASTE MANAGEMENT AND MUNICIPAL SOLID WASTE FACILITIES [FACILITY |
|
|
PERMIT EXEMPT FROM LOCAL PERMIT]. (a) An applicant for a permit |
|
|
under this subchapter is not: |
|
|
(1) required to obtain a permit for the siting, |
|
|
construction, or operation of a hazardous waste management facility |
|
|
from a local government or other political subdivision of the |
|
|
state; or |
|
|
(2) required to obtain a permit for the siting, |
|
|
construction, or operation of a municipal solid waste facility from |
|
|
a local government or other political subdivision of the state as a |
|
|
prerequisite to a permit being issued by the commission. |
|
|
(b) A local government or other political subdivision of the |
|
|
state may not adopt a rule, order, or ordinance that conflicts with |
|
|
or is inconsistent with: |
|
|
(1) the requirements for hazardous waste management or |
|
|
municipal solid waste facilities as specified by: |
|
|
(A) the rules of the commission; or |
|
|
(B) [by] a permit issued by the commission; or |
|
|
(2) the requirements for municipal solid waste |
|
|
facilities under Section 361.011. |
|
|
(c) In an action to enforce a rule, order, or ordinance of a |
|
|
local government or other political subdivision, the burden is on |
|
|
the facility owner or operator or on the applicant to demonstrate |
|
|
conflict or inconsistency with state requirements. |
|
|
(d) The validity or applicability of a rule, order, or |
|
|
ordinance of a local government or other political subdivision may |
|
|
be determined in an action for declaratory judgment under Chapter |
|
|
37, Civil Practice and Remedies Code, if it is alleged that the |
|
|
rule, order, or ordinance, or its threatened application, |
|
|
interferes with, [or] impairs, or threatens to interfere with or |
|
|
impair, the legal rights or privileges of the plaintiff concerning |
|
|
an issued permit, an application for a permit, or the issuance of a |
|
|
permit for the siting, construction, or operation of a hazardous |
|
|
waste management or municipal solid waste facility. |
|
|
(e) The local government or other political subdivision |
|
|
whose rule, order, or ordinance is being questioned shall be made a |
|
|
party to the action. The commission shall be given written notice |
|
|
by certified mail of the pendency of the action, and the commission |
|
|
may become a party to the action. |
|
|
(f) A declaratory judgment may be rendered even if the |
|
|
plaintiff has requested the commission, the local government or |
|
|
political subdivision, or another court to determine the validity |
|
|
or applicability of the rule, order, or ordinance in question. |
|
|
(g) This section may not be construed to prevent or limit |
|
|
the right of: |
|
|
(1) a county or municipality to exercise the authority |
|
|
granted under Section 363.112 to prohibit the processing or |
|
|
disposal of municipal solid waste; |
|
|
(2) a county to exercise the authority granted under |
|
|
Section 364.012 to prohibit the disposal of municipal solid waste; |
|
|
or |
|
|
(3) a local government or other political subdivision |
|
|
to adopt or enforce a rule, order, or ordinance under the authority |
|
|
of the National Flood Insurance Program governing permits or other |
|
|
approvals for the development of land in areas prone to floods or |
|
|
mudslides. |
|
|
SECTION 2. Section 361.095, Health and Safety Code, as |
|
|
amended by this Act, applies only to an order, ordinance, or other |
|
|
regulation related to the siting or location of a solid waste |
|
|
disposal facility adopted by a local government or other political |
|
|
subdivision after the effective date of this Act. An order, |
|
|
ordinance, or other regulation related to the siting or location of |
|
|
a solid waste disposal facility adopted before the effective date |
|
|
of this Act is governed by the law in effect on the date it was |
|
|
adopted, and the former law is continued in effect for that purpose. |
|
|
SECTION 3. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2023. |
|
|
|
|
|
* * * * * |