1-1 By: Saunders (Senate Sponsor - Brown) H.B. No. 2315
1-2 (In the Senate - Received from the House May 8, 1995;
1-3 May 9, 1995, read first time and referred to Committee on Natural
1-4 Resources; May 17, 1995, reported favorably, as amended, by the
1-5 following vote: Yeas 9, Nays 1; May 17, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Brown
1-7 Amend HB 2315, Section 1., Sec. 361.0661, line 10 by adding after
1-8 the word recovery, or transfer and on line 14 after the word
1-9 recovery, add or transfer.
1-10 A BILL TO BE ENTITLED
1-11 AN ACT
1-12 relating to the regulation of energy and material recovery and of
1-13 gas recovery.
1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15 SECTION 1. Section 361.0861, Health and Safety Code, is
1-16 amended to read as follows:
1-17 Sec. 361.0861. SEPARATE RECYCLING OR RECOVERY PERMIT NOT
1-18 REQUIRED. (a) A permit holder or a municipal solid waste
1-19 management facility that has or plans to have a recycling, <or>
1-20 waste separation, energy and material recovery, or gas recovery
1-21 facility established in conjunction with the permitted municipal
1-22 solid waste management facility is not required to obtain for that
1-23 recycling, <or> waste separation, energy and material recovery, or
1-24 gas recovery facility a separate permit from the commission
1-25 <department> or to apply for an amendment to an existing permit
1-26 issued by the commission <department>.
1-27 (b) A facility to which this section applies must register
1-28 with the commission <department> in accordance with commission
1-29 <board of health> rules and comply with commission <board of
1-30 health> rules adopted under this chapter.
1-31 (c) If a permit is otherwise required, the commission
1-32 <department> shall expedite the permit proceeding if the applicant
1-33 is seeking a permit for a solid waste management facility that
1-34 employs an innovative, high technology method of waste disposition
1-35 and recycling.
1-36 SECTION 2. Section 361.092, Health and Safety Code, is
1-37 amended to read as follows:
1-38 Sec. 361.092. REGISTRATION <PERMIT> FOR EXTRACTING MATERIALS
1-39 FROM CERTAIN SOLID WASTE FACILITIES. (a) The <department and the>
1-40 commission may <each> require a registration <permit> to extract
1-41 materials for energy and material recovery and for gas recovery
1-42 from closed or inactive portions of a solid waste facility that has
1-43 been used for disposal of municipal or industrial solid waste.
1-44 (b) The <department or the> commission <shall issue a permit
1-45 under this section in the same manner as provided by this
1-46 subchapter for issuance of a permit to operate and maintain a solid
1-47 waste facility.>
1-48 <(c) Each agency> shall adopt standards necessary to ensure
1-49 that the integrity of a solid waste facility is maintained.
1-50 SECTION 3. A person who, on August 31, 1995, holds a permit
1-51 issued under Section 361.092, Health and Safety Code, that but for
1-52 the change in law made by this Act would be valid on September 1,
1-53 1995, is considered to hold a registration, if registration is
1-54 required, under Section 361.092, Health and Safety Code, as amended
1-55 by this Act.
1-56 SECTION 4. This Act takes effect September 1, 1995.
1-57 SECTION 5. The importance of this legislation and the
1-58 crowded condition of the calendars in both houses create an
1-59 emergency and an imperative public necessity that the
1-60 constitutional rule requiring bills to be read on three several
1-61 days in each house be suspended, and this rule is hereby suspended.
1-62 * * * * *