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.