H.B. No. 2315
    1-1                                AN ACT
    1-2  relating to the regulation of energy and material recovery and of
    1-3  gas recovery.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 361.0861, Health and Safety Code, is
    1-6  amended to read as follows:
    1-7        Sec. 361.0861.  SEPARATE RECYCLING OR RECOVERY PERMIT NOT
    1-8  REQUIRED.  (a)  A permit holder or a municipal solid waste
    1-9  management facility that has or plans to have a recycling, <or>
   1-10  waste separation, energy and material recovery, or gas recovery or
   1-11  transfer facility established in conjunction with the permitted
   1-12  municipal solid waste management facility is not required to obtain
   1-13  for that recycling, <or> waste separation, energy and material
   1-14  recovery, or gas recovery or transfer facility a separate permit
   1-15  from the commission <department> or to apply for an amendment to an
   1-16  existing permit issued by the commission <department>.
   1-17        (b)  A facility to which this section applies must register
   1-18  with the commission <department> in accordance with commission
   1-19  <board of health> rules and comply with commission <board of
   1-20  health> rules adopted under this chapter.
   1-21        (c)  If a permit is otherwise required, the commission
   1-22  <department> shall expedite the permit proceeding if the applicant
   1-23  is seeking a permit for a solid waste management facility that
   1-24  employs an innovative, high technology method of waste disposition
    2-1  and recycling.
    2-2        SECTION 2.  Section 361.092, Health and Safety Code, is
    2-3  amended to read as follows:
    2-4        Sec. 361.092.  REGISTRATION <PERMIT> FOR EXTRACTING MATERIALS
    2-5  FROM CERTAIN SOLID WASTE FACILITIES.  (a)  The <department and the>
    2-6  commission may <each> require a registration <permit> to extract
    2-7  materials for energy and material recovery and for gas recovery
    2-8  from closed or inactive portions of a solid waste facility that has
    2-9  been used for disposal of municipal or industrial solid waste.
   2-10        (b)  The <department or the> commission <shall issue a permit
   2-11  under this section in the same manner as provided by this
   2-12  subchapter for issuance of a permit to operate and maintain a solid
   2-13  waste facility.>
   2-14        <(c)  Each agency> shall adopt standards necessary to ensure
   2-15  that the integrity of a solid waste facility is maintained.
   2-16        SECTION 3.  A person who, on August 31, 1995, holds a permit
   2-17  issued under Section 361.092, Health and Safety Code, that but for
   2-18  the change in law made by this Act would be valid on September 1,
   2-19  1995, is considered to hold a registration, if registration is
   2-20  required, under Section 361.092, Health and Safety Code, as amended
   2-21  by this Act.
   2-22        SECTION 4.  This Act takes effect September 1, 1995.
   2-23        SECTION 5.  The importance of this legislation and the
   2-24  crowded condition of the calendars in both houses create an
   2-25  emergency and an imperative public necessity that the
   2-26  constitutional rule requiring bills to be read on three several
   2-27  days in each house be suspended, and this rule is hereby suspended.