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.