73R9480 E
By Chisum H.B. No. 2628
Substitute the following for H.B. No. 2628:
By Jackson C.S.H.B. No. 2628
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the public meeting and notice and hearing requirements
1-3 for proposed solid waste management facilities and to
1-4 administrative completeness of permit applications for those
1-5 facilities.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 361.068, Health and Safety Code, is
1-8 amended to read as follows:
1-9 Sec. 361.068. <WHEN APPLICATION IS> ADMINISTRATIVELY
1-10 COMPLETE APPLICATION. (a) A permit application is
1-11 administratively complete when:
1-12 (1) a complete permit application form and the report
1-13 and fees required to be submitted with a permit application have
1-14 been submitted to the department or the commission; and
1-15 (2) the permit application is ready for technical
1-16 review in accordance with the rules of the <board of health or>
1-17 commission.
1-18 (b) Once a determination that an application is
1-19 administratively complete has been made and the permit application
1-20 has become the subject of a contested case under Section 3,
1-21 Administrative Procedure and Texas Register Act (Article 6252-13a,
1-22 Vernon's Texas Civil Statutes):
1-23 (1) the commission may not revoke the determination
2-1 that an application is administratively complete;
2-2 (2) the commission may request additional information
2-3 from the applicant only if the information is necessary to clarify,
2-4 modify, or supplement previously submitted material; and
2-5 (3) a request for additional information does not
2-6 render the application incomplete.
2-7 (c) Subsection (b) does not:
2-8 (1) preclude an informal disposition of a contested
2-9 case by stipulation, agreed settlement, consent order, or default;
2-10 or
2-11 (2) restrict the right of any party to conduct
2-12 discovery against any other party under other law.
2-13 SECTION 2. Section 361.137(b), Health and Safety Code, is
2-14 amended to read as follows:
2-15 (b) The commission by rule shall establish the fee for
2-16 permit applications at an amount that is reasonable to recover the
2-17 demonstrable costs of processing an application and developing a
2-18 draft permit, but that is not less than $2,000 nor more than
2-19 $50,000. An additional fee may not be assessed for a draft permit
2-20 returned for further processing unless the application is
2-21 withdrawn.
2-22 SECTION 3. Section 361.0791, Health and Safety Code, is
2-23 amended to read as follows:
2-24 Sec. 361.0791. PUBLIC MEETING AND NOTICE REQUIREMENT.
2-25 (a) Notwithstanding other law, the commission shall hold a public
3-1 meeting on an application for a new hazardous waste management
3-2 facility in the county in which the proposed hazardous waste
3-3 management facility is to be located. The commission, on request
3-4 of a person affected or as otherwise required by commission rule,
3-5 shall hold a public meeting on an application for a Class 3
3-6 modification or a major amendment to an existing facility's
3-7 hazardous waste permit.
3-8 (b) Notwithstanding other law, the commission shall hold a
3-9 public meeting on an application for a new municipal solid waste
3-10 management facility in the county in which the proposed municipal
3-11 solid waste management facility is to be located.
3-12 (c) A public meeting held as part of a local review process
3-13 under Section 361.063 meets the requirement of Subsection (a) or
3-14 (b) if notice is provided as required by this section.
3-15 (d) <(c)> A public meeting under this section is not a
3-16 contested case hearing under the Administrative Procedure and Texas
3-17 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes).
3-18 (e) <(d)> If a meeting is required under Subsection (a), not
3-19 less than once each week during the three weeks preceding a public
3-20 meeting, the applicant shall publish notice of the meeting in the
3-21 newspaper of the largest general circulation that is published in
3-22 the county in which the proposed facility is to be located or, if
3-23 no newspaper is published in the county, in a newspaper of general
3-24 circulation in the county. The applicant shall provide the
3-25 commission, department, or Texas Air Control Board, as appropriate,
4-1 an affidavit certifying that the notice was given as required by
4-2 this section. Acceptance of the affidavit creates a rebuttable
4-3 presumption that the applicant has complied with this section.
4-4 (f) <(e)> The published notice may not be smaller than 96.8
4-5 square centimeters or 15 square inches with the shortest dimension
4-6 at least 7.6 centimeters or three inches and shall contain, at a
4-7 minimum, the following information:
4-8 (1) the permit application number;
4-9 (2) the applicant's name;
4-10 (3) the proposed location of the facility; and
4-11 (4) the location and availability of copies of the
4-12 permit application.
4-13 (g) <(f)> The applicant shall pay the cost of notice
4-14 required to be provided under this section. The commission by rule
4-15 may establish procedures for payment of those costs.
4-16 SECTION 4. Section 361.081(b), Health and Safety Code, is
4-17 amended to read as follows:
4-18 (b) The applicant must certify to the department or
4-19 commission that the mailings were deposited as required by
4-20 Subsection (a). Acceptance of the certification creates a
4-21 rebuttable presumption that the applicant has complied with this
4-22 section. Substantial compliance with the notice requirements of
4-23 Subsection (a) is sufficient for the commission to exercise
4-24 jurisdiction over an application for a solid waste facility.
4-25 SECTION 5. (a) The changes in law made by Sections 361.068
5-1 and 361.137(b), Health and Safety Code, as amended by this Act,
5-2 apply to an application for a permit under Subchapter C, Chapter
5-3 361, Health and Safety Code, that is:
5-4 (1) pending before the Texas Water Commission or its
5-5 successor on the date on which this bill was filed, which was March
5-6 12, 1993; or
5-7 (2) initiated on or after the date on which this bill
5-8 was filed, which was March 12, 1993.
5-9 (b) The change in law made by Section 361.0791, Health and
5-10 Safety Code, as amended by this Act, applies only to an application
5-11 for a permit under Subchapter C, Chapter 361, Health and Safety
5-12 Code, that is received by the Texas Water Commission or its
5-13 successor on or after the effective date of this Act.
5-14 (c) The change in law made by Section 361.081(b), Health and
5-15 Safety Code, as amended by this Act, is meant to clarify existing
5-16 law and applies to an application for a permit under Subchapter C,
5-17 Chapter 361, Health and Safety Code, that is:
5-18 (1) received by the Texas Water Commission or its
5-19 successor on or after the effective date of this Act; or
5-20 (2) pending before the Texas Water Commission or its
5-21 successor on the effective date of this Act.
5-22 SECTION 6. The importance of this legislation and the
5-23 crowded condition of the calendars in both houses create an
5-24 emergency and an imperative public necessity that the
5-25 constitutional rule requiring bills to be read on three several
6-1 days in each house be suspended, and this rule is hereby suspended,
6-2 and that this Act take effect and be in force from and after its
6-3 passage, and it is so enacted.