By:  Sims                                              S.B. No. 639
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to solid waste permits.
    1-2        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-3        SECTION 1.  Section 361.068, Health and Safety Code, is
    1-4  amended to read as follows:
    1-5        Sec. 361.068.  When Application is Administratively Complete.
    1-6  (a)  A permit application is administratively complete when:
    1-7              (1)  a complete permit application form and the report
    1-8  and fees required to be submitted with a permit application have
    1-9  been submitted to the department or the commission; and
   1-10              (2)  the permit application is ready for technical
   1-11  review in accordance with the rules of the board of health or
   1-12  commission.
   1-13        (b)  Once a determination of application administrative or
   1-14  technical completeness has been made and the permit application has
   1-15  become the subject of a contested case as defined in Section 3,
   1-16  Administrative Procedure and Texas Register Act (Article 6252-13a,
   1-17  Vernon's Texas Civil Statutes):
   1-18              (1)  the determination of application administrative or
   1-19  technical completeness may not be revoked by the commission;
   1-20              (2)  additional information may be requested from the
   1-21  applicant, but only when necessary to clarify, modify, or
   1-22  supplement previously submitted material, provided that all parties
   1-23  may engage in discovery against all other parties, as provided by
    2-1  applicable law; and
    2-2              (3)  requests for such additional information will not
    2-3  render the application incomplete.
    2-4        (c)  Subsection (b) does not preclude an informal disposition
    2-5  of any contested case by stipulation, agreed settlement, consent
    2-6  order, or default.
    2-7        SECTION 2.  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.
   2-10  (a)  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 management 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 3.  Subsection (b), Section 361.081, Health and
    4-2  Safety Code, is 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 management
   4-10  facility.
   4-11        SECTION 4.  Subsection (b), Section 361.137, Health and
   4-12  Safety Code, is amended to read as follows:
   4-13        (b)  The commission by rule shall establish the fee for
   4-14  permit applications at an amount that is reasonable to recover the
   4-15  demonstrable costs of processing an application and developing a
   4-16  draft permit, but that is not less than $2,000 nor more than
   4-17  $50,000.  No additional fee shall be assessed for a draft permit
   4-18  returned for further processing as long as the application is not
   4-19  withdrawn.
   4-20        SECTION 5.  (a)  The changes in law made by Section 361.068
   4-21  and Subsection (b), Section 361.137, Health and Safety Code, as
   4-22  amended by this Act, apply to an application for a permit under
   4-23  Subchapter C, Chapter 361, Health and Safety Code, that is:
   4-24              (1)  pending before the Texas Water Commission or its
   4-25  successor on the date on which this bill was filed, which was March
    5-1  12, 1993; or
    5-2              (2)  initiated on or after the date on which this bill
    5-3  was filed, which was March 12, 1993.
    5-4        (b)  The change in law made by Section 361.0791, Health and
    5-5  Safety Code, as amended by this Act, applies only to an application
    5-6  for a permit under Subchapter C, Chapter 361, Health and Safety
    5-7  Code, that is received by the Texas Water Commission or its
    5-8  successor on or after the effective date of this Act.
    5-9        (c)  The change in law made by Subsection (b), Section
   5-10  361.081, Health and Safety Code, as amended by this Act, is meant
   5-11  to clarify existing law and applies to an application for a permit
   5-12  under Subchapter C, Chapter 361, Health and Safety Code, that is:
   5-13              (1)  received by the Texas Water Commission or its
   5-14  successor on or after the effective date of this Act; or
   5-15              (2)  pending before the Texas Water Commission or its
   5-16  successor on the effective date of this Act.
   5-17        SECTION 6.  The importance of this legislation and the
   5-18  crowded condition of the calendars in both houses create an
   5-19  emergency and an imperative public necessity that the
   5-20  constitutional rule requiring bills to be read on three several
   5-21  days in each house be suspended, and this rule is hereby suspended,
   5-22  and that this Act take effect and be in force from and after its
   5-23  passage, and it is so enacted.