By Turner of Harris H.B. No. 2213
74R4719 MI-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to restrictions on high-impact siting of solid waste
1-3 management facilities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 361.002, Health and Safety Code, is
1-6 amended by adding Subsection (c) to read as follows:
1-7 (c) While solid waste management facilities are essential
1-8 and the state has made significant progress toward a comprehensive
1-9 and regionalized approach to solid waste management, certain types
1-10 of facilities impose a disproportionately severe burden on certain
1-11 host communities. State and national trends indicate a tendency to
1-12 concentrate solid waste disposal and other management facilities in
1-13 lower-income or minority communities. These facilities often
1-14 burden the host community without any, or without sufficient,
1-15 reciprocal benefits to local residents. It is the state's policy
1-16 to prevent communities from becoming involuntary hosts to a
1-17 proliferation of facilities that would have a high impact on the
1-18 host community.
1-19 SECTION 2. Section 361.003, Health and Safety Code, is
1-20 amended by adding Subdivision (45) to read as follows:
1-21 (45) "High-impact siting" means the location of a
1-22 solid waste management facility within 12 miles of another solid
1-23 waste management facility as measured from the perimeter of each
1-24 facility.
2-1 SECTION 3. Subchapter C, Chapter 361, Health and Safety
2-2 Code, is amended by adding Section 361.116 to read as follows:
2-3 Sec. 361.116. RESTRICTION ON HIGH-IMPACT SITING OF SOLID
2-4 WASTE MANAGEMENT FACILITIES; FINDING BY LOCAL GOVERNMENT OR
2-5 REGIONAL AUTHORITY. (a) The commission by rule shall prohibit the
2-6 issuance of a permit by the commission, by a county exercising the
2-7 authority granted by Subchapter E, or by a political subdivision
2-8 exercising the authority of a county under Section 361.165 for the
2-9 construction or operation of a solid waste management facility if
2-10 the location of the facility is within 12 miles of an existing
2-11 solid waste management facility, as measured from the perimeter of
2-12 each facility, unless the commission, county, or political
2-13 subdivision finds after a public meeting and a public hearing held
2-14 as provided by Section 361.088 that:
2-15 (1) the proposed site is compatible with relevant
2-16 state or regional solid waste management plans and no other
2-17 suitable site for the facility is available in the region or
2-18 service area because of geological constraints or other site
2-19 suitability provisions of this chapter; or
2-20 (2) the host community has accepted the siting of the
2-21 facility because of incentives, including:
2-22 (A) increased employment opportunities and
2-23 related job training to ensure that residents of the host community
2-24 can compete for skilled and semiskilled employment at the facility;
2-25 (B) contributions by the facility to the
2-26 community infrastructure that will offset negative health,
2-27 environmental, or economic effects the facility may impose on the
3-1 community, including road maintenance, park development, and litter
3-2 control; or
3-3 (C) fair and reasonable compensation to any
3-4 owner of real property within 1,320 feet of the facility for any
3-5 decrease in the assessed value of the property attributable to the
3-6 siting of the facility.
3-7 (b) Notwithstanding other law, if zoning or other approval
3-8 by a local government or regional authority with jurisdiction is
3-9 required for the siting or construction of the facility for which a
3-10 permit is sought, the local government or regional authority may
3-11 not adopt the zoning or other approval and the commission may not
3-12 consider the permit application until the local government or
3-13 regional authority, after a public hearing, has made the findings
3-14 required to be made by the commission under Subsection (a)(2).
3-15 (c) This section does not apply to:
3-16 (1) a facility that processes, stores, or disposes of
3-17 only that solid waste generated on site by the facility if the
3-18 facility disposes of that waste on site;
3-19 (2) a facility or activity dedicated solely to a
3-20 response action at a location listed for cleanup under Subchapter
3-21 F, Chapter 361, Health and Safety Code, or under the federal
3-22 environmental response law;
3-23 (3) an existing facility that is operating under
3-24 interim status as described by 40 C.F.R. Part 270, Subpart G, on
3-25 September 1, 1995; or
3-26 (4) the expansion of the acreage, services, or
3-27 capacity of an existing facility that is permitted under Chapter
4-1 361, Health and Safety Code, on September 1, 1995.
4-2 SECTION 4. Section 361.020(a), Health and Safety Code, is
4-3 amended to read as follows:
4-4 (a) The commission shall develop a strategic state solid
4-5 waste plan for all solid waste under its jurisdiction. The
4-6 commission shall develop a strategic plan for the reduction of
4-7 solid waste. The strategic plan must include provisions to reduce
4-8 the negative effect of high-impact and other siting of solid waste
4-9 management facilities in lower-income communities, minority
4-10 communities, and other communities that host a disproportionate
4-11 share or concentration of solid waste management facilities.
4-12 SECTION 5. Section 361.0201(b), Health and Safety Code, is
4-13 amended to read as follows:
4-14 (b) The plan shall:
4-15 (1) describe the capacity in the state to manage
4-16 municipal waste through existing treatment or disposal facilities
4-17 and identify all existing municipal solid waste management
4-18 facilities in the state, their capacity, and their projected
4-19 remaining useful life; <and>
4-20 (2) analyze the state's capacity requirements over the
4-21 planning periods specified in Section 361.020(c); and
4-22 (3) assess historical trends of siting regarding
4-23 effects of lower-income, minority, and other communities' hosting a
4-24 disproportionate share or concentration of solid waste management
4-25 facilities and seek to minimize the negative effects of that siting
4-26 on those communities.
4-27 SECTION 6. Section 361.0216, Health and Safety Code, is
5-1 amended to read as follows:
5-2 Sec. 361.0216. Office of Pollution Prevention. The office
5-3 of pollution prevention is created in the executive office of the
5-4 commission to direct and coordinate all source reduction, <and>
5-5 waste minimization, and environmental justice activities of the
5-6 commission.
5-7 SECTION 7. Section 361.034(a), Health and Safety Code, is
5-8 amended to read as follows:
5-9 (a) The commission shall submit a report to the presiding
5-10 officers of the legislature and the governor not later than January
5-11 1 of each odd-numbered year. The report must include:
5-12 (1) a summary of a performance report of the imposed
5-13 industrial solid waste and hazardous waste fees authorized under
5-14 Subchapter D and related activities to determine the
5-15 appropriateness of the fee structures;
5-16 (2) an evaluation of progress made in accomplishing
5-17 the state's public policy concerning the preference of waste
5-18 management methods under Section 361.023;
5-19 (3) projections of the volume of waste by type of
5-20 waste, disposition of waste, and remaining capacity or capacity
5-21 used for the treatment and disposal of the waste;
5-22 (4) projections of the availability of adequate
5-23 capacity in this state for the management of all types of hazardous
5-24 waste generated within the state and a report of the amounts,
5-25 types, and sources of hazardous waste imported into and exported
5-26 from the state in the previous year;
5-27 (5) an evaluation of the progress made and activities
6-1 engaged in consistent with the state's municipal solid waste
6-2 management plan, in particular the progress toward meeting the
6-3 waste reduction goal established by Section 361.0201(d);
6-4 (6) an evaluation of the progress made by local
6-5 governments under the solid waste management plans;
6-6 (7) the status of state procurement under Section
6-7 361.426 of products made of recycled materials or that are
6-8 reusable, including documentation of any decision not to purchase
6-9 those products;
6-10 (8) the status of the governmental entity recycling
6-11 program established under Section 361.425, including the status of
6-12 collection and storage procedures and program evaluations required
6-13 by that section;
6-14 (9) the status of the public education program
6-15 described in Section 361.0202; <and>
6-16 (10) recommendations to the governor and to the
6-17 legislature for improving the management of municipal solid waste
6-18 in the state; and
6-19 (11) an evaluation of the progress made in
6-20 accomplishing the state's policy to minimize the negative effect of
6-21 high-impact and other siting of solid waste management facilities
6-22 in lower-income, minority, and other communities that host a
6-23 disproportionate share or concentration of solid waste management
6-24 facilities.
6-25 SECTION 8. Section 361.102, Health and Safety Code, is
6-26 amended to read as follows:
6-27 Sec. 361.102. Prohibition on Permit for SOLID <Hazardous>
7-1 Waste Management Facilities Within a Certain Distance of Residence,
7-2 Church, School, Day Care Center, Park, or Public Drinking Water
7-3 Supply. (a) The <Except as provided by Subsections (b) and (c),
7-4 the> commission <and the Texas Air Control Board> by rule shall
7-5 prohibit the issuance of a permit for a new solid <hazardous> waste
7-6 management <landfill or land treatment> facility, <or> the areal
7-7 expansion of such a facility, or the siting of a solid waste
7-8 management facility that is exempt from permit requirements if the
7-9 boundary of the <landfill or land treatment> facility is to be
7-10 located within 2,640 <1,000> feet of the property line of an
7-11 established residence, church, school, day care center, surface
7-12 water body used for a public drinking water supply, or dedicated
7-13 public park.
7-14 (b) <The commission and the Texas Air Control Board by rule
7-15 shall prohibit the issuance of a permit for a new commercial
7-16 hazardous waste management facility or the subsequent areal
7-17 expansion of such a facility or unit of that facility if the
7-18 boundary of the unit is to be located within one-half of a mile
7-19 (2,640 feet) of an established residence, church, school, day care
7-20 center, surface water body used for a public drinking water supply,
7-21 or dedicated public park.>
7-22 <(c)> For a subsequent areal expansion of a new solid
7-23 <commercial hazardous> waste management facility that was required
7-24 to comply with Subsection (a) <(b)>, distances shall be measured
7-25 from the property line of a residence, church, school, day care
7-26 center, surface water body used for a public drinking water supply,
7-27 or dedicated public park only if, <such structure, water supply, or
8-1 park was in place> at the time the distance was certified for the
8-2 original permit:
8-3 (1) the structure or the property on which the
8-4 structure stands was in use or zoned for residential use;
8-5 (2) the water supply or park was in place; or
8-6 (3) if the facility is exempt from permit
8-7 requirements, construction of the facility had begun.
8-8 (c) <(d)> The commission <and the Texas Air Control Board>
8-9 by rule shall prohibit the issuance of a permit for a new solid
8-10 <commercial hazardous> waste management facility that is proposed
8-11 to be located at a distance greater than one-half mile (2,640 feet)
8-12 from the property line of an established residence, church, school,
8-13 day care center, surface water body used for a public drinking
8-14 water supply, or dedicated park, unless the applicant or the owner
8-15 or operator of the facility demonstrates that the facility will be
8-16 operated so as to safeguard public health and welfare and protect
8-17 physical property and the environment, at any distance beyond the
8-18 facility's property boundaries, consistent with the purposes of
8-19 this chapter.
8-20 (d) <(e)> The measurement of distances required by
8-21 Subsections (a), (b), and (c)<, and (d)> shall be taken toward the
8-22 property line of an established residence, church, school, day care
8-23 center, surface water body used for a public drinking water supply,
8-24 or dedicated park that is in use when the notice of intent to file
8-25 a permit application is filed with the commission or, if no notice
8-26 of intent is filed, when the permit application is filed with the
8-27 commission or, if no permit is required, when construction of the
9-1 facility begins. The restrictions imposed by Subsections (a), (b),
9-2 and (c)<, and (d)> do not apply to a residence, church, school, day
9-3 care center, surface water body used for a public drinking water
9-4 supply, or a dedicated park located within the boundaries of a
9-5 solid <commercial hazardous> waste management facility<,> or
9-6 property owned by the permit applicant or the owner of a solid
9-7 waste management facility exempt from permit requirements.
9-8 (e) <(f)> The measurement of distances required by
9-9 Subsections (a), (b), and (c)<, and (d)> shall be taken from a
9-10 perimeter around the proposed solid <hazardous> waste management
9-11 facility <unit>. The perimeter shall be not more than 75 feet from
9-12 the edge of the proposed solid <hazardous> waste management
9-13 facility <unit>.
9-14 SECTION 9. Subchapter A, Chapter 211, Local Government Code,
9-15 is amended by adding Section 211.016 to read as follows:
9-16 Sec. 211.016. SITING OR CONSTRUCTION OF SOLID WASTE
9-17 MANAGEMENT FACILITY. (a) Notwithstanding other law, if zoning or
9-18 other approval by a municipality with jurisdiction is required for
9-19 the siting or construction of a solid waste management facility to
9-20 which Section 361.116, Health and Safety Code, applies, the
9-21 municipality may not adopt the zoning or other approval until the
9-22 municipality, after a public hearing, has made the findings
9-23 required to be made by the commission, a county, or a political
9-24 subdivision under Section 361.116(a)(2), Health and Safety Code.
9-25 (b) This section does not apply to:
9-26 (1) a facility that processes, stores, or disposes of
9-27 only that solid waste generated on site by the facility if the
10-1 facility disposes of that waste on site;
10-2 (2) a facility or activity dedicated solely to a
10-3 response action at a location listed for cleanup under Subchapter
10-4 F, Chapter 361, Health and Safety Code, or under the federal
10-5 environmental response law;
10-6 (3) an existing facility that is operating under
10-7 interim status as described by 40 C.F.R. Part 270, Subpart G, on
10-8 September 1, 1995; or
10-9 (4) the expansion of the acreage, services, or
10-10 capacity of an existing facility that is permitted under Chapter
10-11 361, Health and Safety Code, on September 1, 1995.
10-12 SECTION 10. (a) Except as provided by Subsection (b) of
10-13 this section, the change in law made by Section 361.116, Health and
10-14 Safety Code, as added by this Act, applies to an application for a
10-15 permit under Chapter 361, Health and Safety Code, that is pending
10-16 before the Texas Natural Resource Conservation Commission on the
10-17 effective date of this Act.
10-18 (b) The change in law made by Section 361.116, Health and
10-19 Safety Code, as added by this Act, does not apply to an application
10-20 for a permit or permit amendment under Chapter 361, Health and
10-21 Safety Code, to expand the acreage, services, or capacity of a
10-22 solid waste management facility that is pending before the Texas
10-23 Natural Resource Conservation Commission on the effective date of
10-24 this Act.
10-25 (c) The change in law made by Section 211.016, Local
10-26 Government Code, as added by this Act, applies to an application
10-27 for zoning or other approval for the siting or construction of a
11-1 solid waste management facility that is pending before the
11-2 governing body of a municipality on the effective date of this Act.
11-3 SECTION 11. This Act takes effect September 1, 1995.
11-4 SECTION 12. The importance of this legislation and the
11-5 crowded condition of the calendars in both houses create an
11-6 emergency and an imperative public necessity that the
11-7 constitutional rule requiring bills to be read on three several
11-8 days in each house be suspended, and this rule is hereby suspended.