BILL ANALYSIS H.B. 2315 By: Saunders 04-19-95 Committee Report (Unamended) BACKGROUND To facilitate recycling and waste separation, the 71st Legislature amended the Solid Waste Disposal Act to allow permitted municipal solid waste management facilities to establish recycling and waste separation facilities within the permitted boundaries of a landfill without having to obtain a new permit or permit amendment, but through a simple registration. In practice, these new provisions greatly fostered the establishment of recycling and composting facilities at permitted municipal solid waste landfills, thereby decreasing the amount of waste actually disposed of at the landfill. In the 73nd Legislature, concerns were raised and legislation passed regarding landfill gas migration and building over closed landfills. By constructing gas collection and gas recovery facilities at landfills still actively receiving municipal solid waste, the gas emissions from a landfill will be controlled through the gas collection and gas recovery facilities constructed which will have to be maintained throughout the post-closure period as well thereby greatly reducing or eliminating any risk due to gas migration or gas accumulation. A separate permit should not be required for gas collection and gas recovery facilities at permitted municipal solid waste facilities. PURPOSE HB 2315 will facilitate the construction of gas collection and gas recovery facilities at active, permitted landfills by allowing the construction of these facilities through a registration just as was allowed by the 71st Legislature for recycling and waste separation facilities located within the boundaries of a permitted landfill. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1: Amends Section 361.0861, Health and Safety Code, by adding "energy and material recovery, or gas recovery facilities" to "recycling or waste separation facilities" for which registration but not a separate permit may be required, if they are to be located on permitted municipal solid waste facilities. SECTION 2: Amends Section 361.092, Health and Safety Code, by changing the requirement for a permit for extracting materials for energy and gas recovery and for gas recovery from closed or inactive portions of a permitted solid waste facility to that of a registration. SECTION 3. Stipulates that a person who, on August 31, 1995, holds a permit under Section 361.092, Health & Safety, is considered to hold a registration. SECTION 4. Effective date: September 1, 1995. SECTION 5. Emergency clause. SUMMARY OF COMMITTEE ACTION HB 2315 was considered by the House Committee on Environmental Regulation in a public hearing on April 11, 1995. John Turner, representing Browning-Ferris Industries, Inc. testified in favor of the bill. Without objection, HB 2315 was left pending. HB 2315 was considered by the House Committee on Environmental Regulation in a formal meeting on April 19, 1995. The bill was reported favorably without amendment with the recommendation that it do pass and be printed, by a record vote of seven (7) ayes, no (0) nays, no (0) pnv, and two (2) absent.