73R9480 E
By Sims S.B. No. 639
Substitute the following for S.B. No. 639:
By Lewis C.S.S.B. No. 639
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
1-24 that an application is administratively complete;
2-1 (2) the commission may request additional information
2-2 from the applicant only if the information is necessary to clarify,
2-3 modify, or supplement previously submitted material; and
2-4 (3) a request for additional information does not
2-5 render the application incomplete.
2-6 (c) Subsection (b) does not:
2-7 (1) preclude an informal disposition of a contested
2-8 case by stipulation, agreed settlement, consent order, or default;
2-9 or
2-10 (2) restrict the right of any party to conduct
2-11 discovery against any other party under other law.
2-12 SECTION 2. Section 361.137(b), Health and Safety Code, is
2-13 amended to read as follows:
2-14 (b) The commission by rule shall establish the fee for
2-15 permit applications at an amount that is reasonable to recover the
2-16 demonstrable costs of processing an application and developing a
2-17 draft permit, but that is not less than $2,000 nor more than
2-18 $50,000. An additional fee may not be assessed for a draft permit
2-19 returned for further processing unless the application is
2-20 withdrawn.
2-21 SECTION 3. Section 361.0791, Health and Safety Code, is
2-22 amended to read as follows:
2-23 Sec. 361.0791. PUBLIC MEETING AND NOTICE REQUIREMENT.
2-24 (a) Notwithstanding other law, the commission shall hold a public
2-25 meeting on an application for a new hazardous waste management
2-26 facility in the county in which the proposed hazardous waste
2-27 management facility is to be located. The commission, on request
3-1 of a person affected or as otherwise required by commission rule,
3-2 shall hold a public meeting on an application for a Class 3
3-3 modification or a major amendment to an existing facility's
3-4 hazardous waste permit.
3-5 (b) Notwithstanding other law, the commission shall hold a
3-6 public meeting on an application for a new municipal solid waste
3-7 management facility in the county in which the proposed municipal
3-8 solid waste management facility is to be located.
3-9 (c) A public meeting held as part of a local review process
3-10 under Section 361.063 meets the requirement of Subsection (a) or
3-11 (b) if notice is provided as required by this section.
3-12 (d) <(c)> A public meeting under this section is not a
3-13 contested case hearing under the Administrative Procedure and Texas
3-14 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes).
3-15 (e) <(d)> If a meeting is required under Subsection (a), not
3-16 less than once each week during the three weeks preceding a public
3-17 meeting, the applicant shall publish notice of the meeting in the
3-18 newspaper of the largest general circulation that is published in
3-19 the county in which the proposed facility is to be located or, if
3-20 no newspaper is published in the county, in a newspaper of general
3-21 circulation in the county. The applicant shall provide the
3-22 commission, department, or Texas Air Control Board, as appropriate,
3-23 an affidavit certifying that the notice was given as required by
3-24 this section. Acceptance of the affidavit creates a rebuttable
3-25 presumption that the applicant has complied with this section.
3-26 (f) <(e)> The published notice may not be smaller than 96.8
3-27 square centimeters or 15 square inches with the shortest dimension
4-1 at least 7.6 centimeters or three inches and shall contain, at a
4-2 minimum, the following information:
4-3 (1) the permit application number;
4-4 (2) the applicant's name;
4-5 (3) the proposed location of the facility; and
4-6 (4) the location and availability of copies of the
4-7 permit application.
4-8 (g) <(f)> The applicant shall pay the cost of notice
4-9 required to be provided under this section. The commission by rule
4-10 may establish procedures for payment of those costs.
4-11 SECTION 4. Section 361.081(b), Health and Safety Code, is
4-12 amended to read as follows:
4-13 (b) The applicant must certify to the department or
4-14 commission that the mailings were deposited as required by
4-15 Subsection (a). Acceptance of the certification creates a
4-16 rebuttable presumption that the applicant has complied with this
4-17 section. Substantial compliance with the notice requirements of
4-18 Subsection (a) is sufficient for the commission to exercise
4-19 jurisdiction over an application for a solid waste facility.
4-20 SECTION 5. (a) The changes in law made by Sections 361.068
4-21 and 361.137(b), Health and Safety Code, as amended by this Act,
4-22 apply to an application for a permit under Subchapter C, Chapter
4-23 361, 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
4-26 12, 1993; or
4-27 (2) initiated on or after the date on which this bill
5-1 was filed, which was March 12, 1993.
5-2 (b) The change in law made by Section 361.0791, Health and
5-3 Safety Code, as amended by this Act, applies only to an application
5-4 for a permit under Subchapter C, Chapter 361, Health and Safety
5-5 Code, that is received by the Texas Water Commission or its
5-6 successor on or after the effective date of this Act.
5-7 (c) The change in law made by Section 361.081(b), Health and
5-8 Safety Code, as amended by this Act, is meant to clarify existing
5-9 law and applies to an application for a permit under Subchapter C,
5-10 Chapter 361, Health and Safety Code, that is:
5-11 (1) received by the Texas Water Commission or its
5-12 successor on or after the effective date of this Act; or
5-13 (2) pending before the Texas Water Commission or its
5-14 successor on the effective date of this Act.
5-15 SECTION 6. The importance of this legislation and the
5-16 crowded condition of the calendars in both houses create an
5-17 emergency and an imperative public necessity that the
5-18 constitutional rule requiring bills to be read on three several
5-19 days in each house be suspended, and this rule is hereby suspended,
5-20 and that this Act take effect and be in force from and after its
5-21 passage, and it is so enacted.