BILL ANALYSIS


                                                        H.B. 2315
                                             By: Saunders (Brown)
                                                Natural Resources
                                                         05-17-95
                                Senate Committee Report (Amended)
BACKGROUND

Currently, the Solid Waste Disposal Act requires that a permit,
separate from the one already in existence for the landfill, be
issued for the construction of energy and material recovery and for
gas recovery facilities from closed or inactive portions of a solid
waste facility.  This process, however, is a lengthy one.

PURPOSE

As proposed, H.B. 2315 exempts a municipal solid waste management
facility having plans for an energy and material recovery, gas
recovery, or transfer facility from the requirement to obtain a
separate permit from the Texas Natural Resource Conservation
Commission for that additional facility.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
to the Texas Natural Resource Conservation Commission under SECTION
2 (Section 361.092, Health and Safety Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 361.0861, Health and Safety Code, as
follows:

     Sec. 361.0861.  New heading: SEPARATE RECYCLING OR RECOVERY
     PERMIT NOT REQUIRED.  (a) Exempts a permit holder or a
     municipal solid waste facility that has or plans to have an
     energy and material recovery, gas recovery, or transfer
     facility established in conjunction with the permitted waste
     facility from the requirement to obtain a separate permit from
     the Texas Natural Resource Conservation Commission
     (commission), rather than the Texas Department of Health
     (department).
     
     (b) Requires a facility under this section to register and
       comply with the rules of the commission, instead of the
       Texas Board of Health.
       
       (c) Makes a conforming change.
       
       SECTION 2.   Amends Section 361.092, Health and Safety Code, to
authorize the commission, and not the department, to require a
registration, rather than a permit, to extract certain materials
for energy and material recovery and for gas recovery.  Requires
the commission to adopt standards for ensuring the integrity of a
solid waste management facility.  Makes a conforming change.

SECTION 3. Considers a person who, on August 31, 1995, holds a
permit under Section 361.092, Health and Safety Code, that but for
the change in law made by this Act would be valid on September 1,
1995, to hold a registration.

SECTION 4. Effective date: September 1, 1995.

SECTION 5. Emergency clause.