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.