BILL ANALYSIS


                                                        S.B. 1612
                                                    By: Henderson
                                                Natural Resources
                                                         05-03-95
                                     Committee Report (Unamended)
BACKGROUND

Laws governing solid waste management have undergone extensive
revisions over the last few years, and the requirements to license
solid waste facilities have become increasingly restrictive. 
Permits issued several years ago for facilities for which
construction and operation are only now beginning may no longer be
compatible with the surrounding land uses.

PURPOSE

As proposed, S.B. 1612 requires the review of certain permitted
municipal solid waste facilities.

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 Chapter 361, Health and Safety Code, by adding
Section 361.0891, as follows:

     Sec. 361.0891.  REVIEW OF CERTAIN PERMITTED FACILITIES.  (a)
     Requires any permit issued without a specified duration for a
     commercial Type V municipal solid waste facility for which
     construction and operation has not commenced within 10 years
     from permit issuance, and which has been transferred from the
     original permittee to another person, to be suspended pending
     a determination of the Texas Natural Resource Conservation
     Commission (commission) regarding land use compatibility and
     the need for the additional municipal solid waste management
     capacity.
     
     (b) Requires the permit to be revoked if the commission
       finds that operation of the facility as originally permitted
       is incompatible with existing or proposed land use in the
       local area, that there is no need for the additional waste
       management capacity, or that there is other good cause for
       revocation.  Authorizes the site of the facility for which
       a permit has been revoked to be used for the management of
       municipal solid waste only if a permit for a new facility is
       obtained from the commission, following notice and
       opportunity for hearing.
       
       (c) Requires any areal or capacity expansion of the facility
       to be authorized by permit amendment, following notice and
       opportunity for hearing, if the commission finds that
       operation of the facility originally permitted is compatible
       with existing or proposed land use in the local area and
       that there is a need for additional capacity.
       
       (d) Subjects any determination of land use compatibility and
       need to the public meeting, notice, and hearing requirements
       of Sections 361.0791(b) and 361.081 of this chapter. 
       Authorizes the commission to consider any other grounds for
       permit revocation at a hearing under this section.
       
       SECTION 2.   Makes application of this Act retroactive.

SECTION 3. Emergency clause.
           Effective date: upon passage.