H.B. No. 2043
    1-1                                AN ACT
    1-2  relating to the rulemaking process of the Texas Water Commission;
    1-3  permitting of certain disposal wells; and permitting of certain
    1-4  waste management facilities.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 5.103(c), Water Code, is amended to read
    1-7  as follows:
    1-8        (c)  Rules shall be adopted in the manner provided by the
    1-9  Administrative Procedure and Texas Register Act (Article 6252-13a,
   1-10  Vernon's Texas Civil Statutes).  As provided by that Act, the
   1-11  commission must adopt rules when adopting, repealing, or amending
   1-12  any agency statement of general applicability that interprets or
   1-13  prescribes law or policy or describes the procedure or practice
   1-14  requirements of an agency.  The commission shall follow its own
   1-15  rules as adopted until it changes them in accordance with that Act.
   1-16        SECTION 2.  Section 27.015, Water Code, is amended by
   1-17  amending Subsection (a) and adding Subsection (c) to read as
   1-18  follows:
   1-19        (a)  A person making application to the commission for a
   1-20  disposal well permit under this chapter shall submit with the
   1-21  application a letter from the railroad commission concluding
   1-22  <stating> that drilling or using the disposal well and injecting
   1-23  industrial and municipal waste into the subsurface stratum will not
    2-1  endanger or injure any known oil or gas reservoir <formation>.
    2-2        (c)  The commission shall find that there will be no
    2-3  impairment of oil or gas mineral rights if the railroad commission
    2-4  has issued a letter under Subsection (a) that concludes that
    2-5  drilling and using the disposal well will not endanger or injure
    2-6  any known oil or gas formation.
    2-7        SECTION 3.  Section 361.0791, Health and Safety Code, is
    2-8  amended to read as follows:
    2-9        Sec. 361.0791.  Public Meeting and Notice Requirement.  (a)
   2-10  Notwithstanding other law, the commission shall hold a public
   2-11  meeting on an application for a new hazardous waste management
   2-12  facility in the county in which the proposed hazardous waste
   2-13  management facility is to be located.  The commission, on request
   2-14  of a person affected or as otherwise required by commission rule,
   2-15  shall hold a public meeting on an application for a Class 3
   2-16  modification or a major amendment to an existing facility's
   2-17  hazardous waste permit.
   2-18        (b)  Notwithstanding other law, the commission shall hold a
   2-19  public meeting on an application for a new municipal solid waste
   2-20  management facility in the county in which the proposed municipal
   2-21  solid waste facility is to be located.
   2-22        (c)  A public meeting held as part of a local review process
   2-23  under Section 361.063 meets the requirement of Subsection (a) or
   2-24  (b) if notice is provided as required by this section.
   2-25        (d) <(c)>  A public meeting under this section is not a
    3-1  contested case hearing under the Administrative Procedure and Texas
    3-2  Register Act (Article 6252-13a, Vernon's Texas Civil Statutes).
    3-3        (e) <(d)>  If a meeting is required under Subsection (a), not
    3-4  less than once each week during the three weeks preceding a public
    3-5  meeting, the applicant shall publish notice of the meeting in the
    3-6  newspaper of the largest general circulation that is published in
    3-7  the county in which the proposed facility is to be located or, if
    3-8  no newspaper is published in the county, in a newspaper of general
    3-9  circulation in the county.  The applicant shall provide the
   3-10  commission, department, or Texas Air Control Board, as appropriate,
   3-11  an affidavit certifying that the notice was given as required by
   3-12  this section.  Acceptance of the affidavit creates a rebuttable
   3-13  presumption that the applicant has complied with this section.
   3-14        (f) <(e)>  The published notice may not be smaller than 96.8
   3-15  square centimeters or 15 square inches with the shortest dimension
   3-16  at least 7.6 centimeters or three inches and shall contain, at a
   3-17  minimum, the following information:
   3-18              (1)  the permit application number;
   3-19              (2)  the applicant's name;
   3-20              (3)  the proposed location of the facility; and
   3-21              (4)  the location and availability of copies of the
   3-22  permit application.
   3-23        (g) <(f)>  The applicant shall pay the cost of notice
   3-24  required to be provided under this section.  The commission by rule
   3-25  may establish procedures for payment of those costs.
    4-1        SECTION 4.  Section 361.081(b), Health and Safety Code, is
    4-2  amended to read as follows:
    4-3        (b)  The applicant must certify to the department or
    4-4  commission that the mailings were deposited as required by
    4-5  Subsection (a). Acceptance of the certification creates a
    4-6  rebuttable presumption that the applicant has complied with this
    4-7  section.  Substantial compliance with the notice requirements of
    4-8  Subsection (a) is sufficient for the commission to exercise
    4-9  jurisdiction over an application for a solid waste facility.
   4-10        SECTION 5.  Section 361.111, Health and Safety Code, is
   4-11  amended to read as follows:
   4-12        Sec. 361.111.  COMMISSION SHALL <DEPARTMENT MAY> EXEMPT
   4-13  CERTAIN MUNICIPAL SOLID WASTE MANAGEMENT FACILITIES.  (a)  The
   4-14  commission shall <department may> exempt from permit requirements a
   4-15  municipal solid waste management facility that<:>
   4-16              <(1)>  is used in the transfer of municipal solid waste
   4-17  to a solid waste processing or disposal facility from:
   4-18              (1)  a municipality <service area> with a population of
   4-19  less than 50,000;
   4-20              (2)  a county with a population of less than 85,000;
   4-21              (3)  a facility used in the transfer of municipal solid
   4-22  waste that will transfer 125 tons per day or less; and
   4-23              (4)  a materials recovery facility that recycles for
   4-24  reuse more than 10 percent of its incoming nonsegregated waste
   4-25  stream if the remaining nonrecyclable waste is transferred to a
    5-1  permitted landfill not more than 50 miles from the materials
    5-2  recovery facility. <5,000 to a solid waste processing or disposal
    5-3  site; and>
    5-4        (b)  The facility must comply <(2)  complies> with design and
    5-5  operational requirements established by commission <board of
    5-6  health> rule that are necessary to protect the public's health and
    5-7  the environment.
    5-8        (c)  To qualify for this exemption, the applicant must hold a
    5-9  public meeting on the siting of the facility in the municipality or
   5-10  county where the facility is to be located.
   5-11        SECTION 6.  Section 361.069, Health and Safety Code, is
   5-12  amended to read as follows:
   5-13        Sec. 361.069.  DETERMINATION OF LAND USE COMPATIBILITY.  The
   5-14  department or the commission in its discretion may, in processing a
   5-15  permit application, make a separate determination on the question
   5-16  of land use compatibility, and, if the site location is acceptable,
   5-17  may at another time consider other technical matters concerning the
   5-18  application.  A public hearing may be held for each determination
   5-19  in accordance with Section 361.088.  In making a determination on
   5-20  the question of land use compatibility, the department or the
   5-21  commission shall not consider the position of a state or federal
   5-22  agency unless the position is fully supported by credible evidence
   5-23  from that agency during the public hearing.
   5-24        SECTION 7.  Section 5.103, Water Code, as amended by this
   5-25  Act, applies to all rules of the Texas Water Commission in
    6-1  existence on the effective date of this Act and to all rules of the
    6-2  Texas Water Commission or the Texas Natural Resource Conservation
    6-3  Commission adopted after that date.
    6-4        SECTION 8.  Section 27.015(a), Water Code, as amended by this
    6-5  Act, applies to an application on which a final decision is
    6-6  rendered by the Texas Water Commission or the Texas Natural
    6-7  Resource Conservation Commission on or after the effective date of
    6-8  this Act.  Section 27.015(c), Water Code, as added by this Act,
    6-9  applies only to an application before the Texas Water Commission or
   6-10  the Texas Natural Resource Conservation Commission which is pending
   6-11  on the effective date of this Act.
   6-12        SECTION 9.  Section 361.0791, Health and Safety Code, as
   6-13  amended by this Act, applies only to an application for a permit
   6-14  under Subchapter C, Chapter 361, Health and Safety Code, that is
   6-15  received by the Texas Water Commission or the Texas Natural
   6-16  Resource Conservation Commission on or after the effective date of
   6-17  this Act.
   6-18        SECTION 10.  Sections 361.081(b) and 361.069, Health and
   6-19  Safety Code, as amended by this Act, apply to an application for a
   6-20  permit under Subchapter C, Chapter 361, Health and Safety Code,
   6-21  that is:
   6-22              (1)  received by the Texas Water Commission or the
   6-23  Texas Natural Resource Conservation Commission on or after the
   6-24  effective date of this Act; or
   6-25              (2)  pending before the Texas Water Commission or the
    7-1  Texas Natural Resource Conservation Commission on the effective
    7-2  date of this Act.
    7-3        SECTION 11.  The importance of this legislation and the
    7-4  crowded condition of the calendars in both houses create an
    7-5  emergency and an imperative public necessity that the
    7-6  constitutional rule requiring bills to be read on three several
    7-7  days in each house be suspended, and this rule is hereby suspended,
    7-8  and that this Act take effect and be in force from and after its
    7-9  passage, and it is so enacted.