BILL ANALYSIS S.B. 1589 By: Brown Natural Resources 05-05-95 Committee Report (Unamended) 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, S.B. 1589 exempts a municipal solid waste management facility having plans for an energy and material recovery or gas recovery 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 this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. 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 or gas recovery 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.