By Conley                                             H.B. No. 1804
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the siting of high-impact solid waste management
    1-3  facilities.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter A. Chapter 361. Solid Waste Disposal
    1-6  Act, Texas Health and Safety Code is amended by adding Subsection
    1-7  361.002(c) to read as follows:
    1-8        Sec. 361.002.  POLICY; FINDINGS.
    1-9        (c)  While solid waste management facilities are essential,
   1-10  and the state has made significant progress toward a comprehensive
   1-11  and regionalized approach to solid waste management; certain types
   1-12  of facilities impose a disproportionately severe burden on certain
   1-13  host communities.  State and national trends indicate a tendency to
   1-14  concentrate solid waste disposal and other management facilities in
   1-15  lower-income or minority communities.  Such facilities often place
   1-16  an onus on the host community without any, or sufficient reciprocal
   1-17  benefits to local residents.  It shall be the state's policy to
   1-18  prevent communities from becoming involuntary hosts to a
   1-19  proliferation of facilities that would have a high impact on the
   1-20  host community.
   1-21        SECTION 2.  Section 361.003.  Solid Waste Disposal Act,
   1-22  Health and Safety Code. is amended by adding to read as follows:
   1-23        Sec. 361.003.  DEFINITIONS.  Unless the context requires a
    2-1  different definition, in this chapter:
    2-2        (a)  "High-Impact solid waste management facility" means,
    2-3  excluding the facilities described in ( )(b), any solid waste
    2-4  facility, any solid or commercial hazardous waste incinerator, and
    2-5  any commercial hazardous waste treatment, storage, transfer, or
    2-6  disposal facility.
    2-7        (b)  The term "high-impact solid waste management facility"
    2-8  shall not include the following:
    2-9                          (i)  Solid waste facilities which have
   2-10  applications pending for either increased or new acreage or
   2-11  provisions for additional services or increased capacity prior to
   2-12  the effective date of this legislation.
   2-13                          (ii)  A facility dedicated solely to the
   2-14  treatment, storage, or disposal of solid or hazardous wastes
   2-15  generated by the facility where the facility bears the expense of
   2-16  operating and maintaining the Facility solely for the disposal of
   2-17  waste generated by the facility; or
   2-18                          (iii)  A facility or activity dedicated
   2-19  solely to a response action at a location listed by the state or
   2-20  federal government as a hazardous substance site; or
   2-21                          (iv)  An existing facility operating under
   2-22  interim status of the Federal Resource Conservation and Recovery
   2-23  Act or implementing regulations of Chapter 361. Solid Waste
   2-24  Disposal Act, Texas Health and Safety Code.
   2-25                          (v)  Expansion of existing Resource
    3-1  Conservation and Recovery Act or Chapter 361. Solid Waste Disposal
    3-2  Act, Texas Health and Safety Code facilities, either through
    3-3  increased acreage or provision for additional services or increased
    3-4  capacity.
    3-5        SECTION 3.  Subchapter A. Chapter 361. Solid Waste Disposal
    3-6  Act, Texas Health and Safety Code, is amended by adding Section
    3-7  361.004 to read as follows:
    3-8        Sec. 361.004.  Rebuttable Presumption Against Siting
    3-9  High-Impact Solid Waste Management Facilities Within Twelve (12)
   3-10  Miles of any Existing High-Impact Solid Waste Management Facility:
   3-11  (a)  There shall be a rebuttable presumption against permitting the
   3-12  construction or operation of any high-impact solid management
   3-13  facility as defined in this chapter within 12 miles of any existing
   3-14  high-impact solid waste management facility.  The presumption shall
   3-15  be honored by the Executive Director, the Commission, and any other
   3-16  governmental entity with permitting, zoning, or other authority
   3-17  concerning the siting of a high-impact facility.
   3-18        (b)  The subsection (a) presumption can be rebutted if any of
   3-19  the following can be shown in a public hearing held in accordance
   3-20  with Subchapter C. Sec.  361.088 of this chapter.:
   3-21              (1)  The proposed site is compatible with the relevant
   3-22  state or regional solid waste management plans and no other
   3-23  suitable site for such a facility is available within the region or
   3-24  service area because of the restraints of geology or other
   3-25  provisions of this chapter relating to the suitability of a site.
    4-1              (2)  Incentives have prompted the host community to
    4-2  accept the siting of the facility.  Such incentives may include:
    4-3                          (i)  Increased employment opportunities,
    4-4  provided job training opportunities are also offered to ensure the
    4-5  residents of the host community can compete for skilled and
    4-6  semi-skilled positions;
    4-7                          (ii)  Contributions by the facility to the
    4-8  community infrastructure, particularly if such contributions would
    4-9  offset any negative health, environmental, or economic impact the
   4-10  facility may impose (e.g. road maintenance, park development,
   4-11  litter control);
   4-12                          (iii)  Fair and reasonable compensation for
   4-13  any assessed decrease in property values to persons owning real
   4-14  property within one-quarter of a mile (1320 feet) of the facility;
   4-15  or
   4-16        SECTION 4.  Subchapter A. Chapter 361. Solid Waste Disposal
   4-17  Act, Texas Health and Safety Code, is amended by adding Section
   4-18  361.005 to read as follows:
   4-19        Sec. 361.005.  COMMISSION'S PERMITTING AUTHORITY.  The
   4-20  Commission shall not process any application for a permit subject
   4-21  to Sec.  361.004 until the affected local and regional authorities
   4-22  have issued definitive findings regarding the criteria set out in
   4-23  Sec. 361.004
   4-24        SECTION 5.  Subchapter B. Section 361.020(a) Solid Waste
   4-25  Disposal Act, Texas Health and Safety Code is amended to read as
    5-1  follows:
    5-2        Sec. 361.020.  STATE SOLID WASTE PLANS.  (a)  The Commission
    5-3  shall develop a strategic state solid waste plan for all solid
    5-4  waste under its jurisdiction.  The Commission shall develop a
    5-5  strategic plan for the reduction of solid waste.  The strategic
    5-6  plan shall include provisions to reduce the negative effect of
    5-7  siting solid waste management facilities in low-income communities,
    5-8  minority communities, and other communities that host a
    5-9  disproportionate share of high-impact solid waste management
   5-10  facilities.
   5-11        SECTION 6.  Subchapter B. Section 361.0201(b) Solid Waste
   5-12  Disposal Act, Texas Health and Safety Code is amended by adding
   5-13  subsection 361.0201(b)(3) to read as follows:
   5-14        Sec. 361.0201.  COMPREHENSIVE MUNICIPAL SOLID WASTE
   5-15  MANAGEMENT STRATEGIC PLAN.
   5-16        (b)  The plan Shall:
   5-17              (1)  describe the capacity in the state to manage
   5-18  municipal waste through existing treatment or disposal facilities
   5-19  and identify all existing municipal solid waste management
   5-20  facilities in the state, their capacity, and their projected
   5-21  remaining useful life; <and>
   5-22              (2)  analyze the state's capacity requirements over the
   5-23  planning periods specified in Section 361.020(c); and <.>
   5-24              (3)  Assess historical trends of siting regarding
   5-25  impact on low-income, minority, and other communities hosting a
    6-1  disproportionate number of high-impact facilities.  The plan shall
    6-2  seek to minimize any negative impact on such communities.
    6-3        SECTION 7.  Subchapter B. Section 361.0216 Solid Waste
    6-4  Disposal Act, Texas Health and Safety Code is amended to read as
    6-5  follows:
    6-6        Sec. 361.0216.  OFFICE OF POLLUTION PREVENTION.  The office
    6-7  of pollution prevention is created in the executive office of the
    6-8  commission to direct and coordinate all source reduction(,) <and>
    6-9  waste minimization and environmental justice activities of the
   6-10  commission.
   6-11        SECTION 8.  Subchapter B. Section 361.034 Solid Waste
   6-12  Disposal Act, Texas Health and Safety Code is amended by adding
   6-13  subsection 361.034(a)(11) to read as follows:
   6-14        Sec. 361.034.  REPORTS.  (a)  The Commission shall submit a
   6-15  report to the presiding officers of the Legislature and the
   6-16  Governor not later than January 1 of each odd-numbered year.  The
   6-17  report must include:
   6-18              (11)  an evaluation of the progress of efforts made in
   6-19  accomplishing the state's policy concerning minimizing the negative
   6-20  affect of high-impact solid waste management facilities on
   6-21  low-income, minority, and other communities hosting a
   6-22  disproportionate share of high-impact solid waste management
   6-23  facilities.
   6-24        SECTION 9.  Subchapter C. Chapter 361, Section 361.102, Solid
   6-25  Waste Disposal Act, Texas Health and Safety Code is amended to read
    7-1  as follows:
    7-2        Sec. 361.102.  PROHIBITION ON PERMIT FOR SOLID WASTE
    7-3  MANAGEMENT FACILITY AND DISPOSAL OF SOLID WASTE <HAZARDOUS WASTE
    7-4  MANAGEMENT FACILITIES>  WITHIN A CERTAIN DISTANCE OF RESIDENCE,
    7-5  CHURCH, DAY CARE CENTER, PARK, OR PUBLIC DRINKING WATER SUPPLY.
    7-6  (a)  The commission by rule shall prohibit: the issuance of a
    7-7  permit for a solid waste management facility or the areal expansion
    7-8  of such a facility; the siting of a solid waste management facility
    7-9  exempted from permit requirements; or the disposal of any solid
   7-10  waste or hazardous waste if the boundary of the facility or
   7-11  disposal site is to be located within one-half mile (2,640 feet) of
   7-12  the property line of an established residence, church, school, day
   7-13  care center, surface water body used for a public drinking water
   7-14  supply, or dedicated public park.  <Except as provided by
   7-15  Subsection (a) and (c) the commission and the Texas Air Control
   7-16  Board by rule shall prohibit the issuance of a permit for a new
   7-17  hazardous waste landfill or land treatment facility or the areal
   7-18  expansion of such a facility if the boundary of the landfill or
   7-19  land treatment facility is to be located within 1000 feet of an
   7-20  established residence, church, school, day care center, surface
   7-21  water body used for a public drinking water supply, or dedicated
   7-22  public park.>
   7-23        <(b)  The commission and the Texas Air Control Board by rule
   7-24  shall prohibit the issuance of a permit for a new commercial
   7-25  hazardous waste facility or the subsequent areal expansion of such
    8-1  a facility or unit of that facility if the boundary of unit is to
    8-2  be located within one-half mile (2,6400 feet) of an established
    8-3  residence, church, school, day care center, surface water body used
    8-4  for a public drinking water supply, or dedicated public park.>
    8-5        (b) <c>  For a subsequent areal expansion of a new solid
    8-6  <commercial hazardous> waste management facility that was required
    8-7  to comply with Subsection (a)<b>, distances shall be measured from
    8-8  the property line of a residence, church, school, day care center,
    8-9  surface water body used for a public drinking water supply, or
   8-10  dedicated park only if such property was in use, was zoned for
   8-11  residential use, or a <structure> water supply or park was in place
   8-12  at the time the distance was certified for the original permit ,or
   8-13  construction began for facilities exempt from permit requirement.
   8-14        (c) <d>  The Commission <and the Texas Air Control Board> by
   8-15  rule shall prohibit the issuance of a permit for a new high-impact
   8-16  solid <commercial hazardous> waste management facility that is
   8-17  proposed to be located at a distance greater than one-half mile
   8-18  (2,640 feet) from the property line of an established residence,
   8-19  church, school, day care center, surface water body used for a
   8-20  public drinking water supply, or dedicated park, unless the
   8-21  applicant, owner or operator of the facility or disposal site
   8-22  demonstrates that the facility or disposal site will be operated so
   8-23  as to safeguard the public health and welfare and protect physical
   8-24  property and the environment, at any distance beyond the facility
   8-25  or disposal site's property boundaries, consistent with the
    9-1  purposes of this chapter.
    9-2        (d) <e>  The measurement of distances required by Subsections
    9-3  (a), (b), and (c) <d> shall be taken toward the property line of an
    9-4  established residence, church, school, day care center, surface
    9-5  water body used for a public drinking water supply, or dedicated
    9-6  park that is in use when the notice of intent to file a permit is
    9-7  filed with the commision or, if no notice of intent is filed, when
    9-8  the permit application is filed with the commission, or if no
    9-9  permit is required, when construction of the facility or disposal
   9-10  site begins.  The restrictions imposed by Subsections (a), (b), and
   9-11  (c) <d> do not apply to a residence, church, school, day care
   9-12  center, surface water body used for a public drinking water supply,
   9-13  or <a> dedicated park located within the boundaries of a solid
   9-14  <commercial hazardous> waste management facility, or property owned
   9-15  by the permit applicant or owner of a solid waste management
   9-16  facility or disposal site not required to be permitted.
   9-17        (e) <f>  The measurement of distances required by Subsections
   9-18  (a), (b), and (c) <d> shall be taken from a perimeter around the
   9-19  proposed solid waste management facility or disposal site.
   9-20  <hazardous waste management unit>  The Perimeter shall be not more
   9-21  than 75 feet from the edge of the proposed solid <hazardous> waste
   9-22  management facility.  <unit>
   9-23        SECTION 10.  This Act takes effect September 1, 1995.
   9-24        SECTION 11.  The importance of this legislation and the
   9-25  crowded condition of the calendars in both houses create an
   10-1  emergency and an imperative public necessity that the
   10-2  constitutional rule requiring bills to be read on three several
   10-3  days in each house be suspended, and this rule is hereby suspended.