By Kuempel, Walker                                    H.B. No. 2349
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of sanitary landfills.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subchapter B, Chapter 361, Health and Safety
    1-5  Code, is amended by adding Sections 361.040 and 361.041 to read as
    1-6  follows:
    1-7        Sec. 361.040.  FEDERAL STANDARDS FOR SANITARY LANDFILLS.  The
    1-8  commission may not impose a standard or requirement on a sanitary
    1-9  landfill that is more stringent than a standard or requirement
   1-10  required by the United States Environmental Protection Agency under
   1-11  Subchapter IV, Solid Waste Disposal Act, as amended (42 U.S.C.
   1-12  Section 6941 et seq.).  The commission may not require the
   1-13  installation of a landfill gas collection and control system at a
   1-14  sanitary landfill unless a landfill gas collection and control
   1-15  system is required to be installed under Subchapter IV, Solid Waste
   1-16  Disposal Act, as amended (42 U.S.C. Section 6941 et seq.), or under
   1-17  Section 111 or 112 of the federal Clean Air Act, as amended (42
   1-18  U.S.C.  Section 7401 et seq.).  In developing sanitary landfill
   1-19  standards or requirements, the commission shall allow the maximum
   1-20  flexibility permissible under regulations of the United States
   1-21  Environmental Protection Agency for alternative landfill and
   1-22  alternative gas collection and control system  designs.
   1-23        Sec. 361.041.  REVIEW OF SANITARY LANDFILL STANDARDS.  (a)
   1-24  The owner of a sanitary landfill who in good faith believes that a
    2-1  standard or requirement the commission imposes on the landfill is
    2-2  more stringent than a standard or requirement required by the
    2-3  United States Environmental Protection Agency under Subchapter IV,
    2-4  Solid Waste Disposal Act, as amended (42 U.S.C. Section 6941 et
    2-5  seq.), may submit to the executive director a written request for a
    2-6  review of the commission's standard or requirement and the federal
    2-7  standard or requirement.  The request must summarize the owner's
    2-8  interpretation of the federal standard or requirement that the
    2-9  owner believes is less stringent than the standard or requirement
   2-10  imposed by the commission.
   2-11        (b)  On receipt of a request for a review under Subsection
   2-12  (a), the executive director shall review the commission's standard
   2-13  or requirement related to the request and the owner's
   2-14  interpretation of the federal standard or requirement.  The
   2-15  executive director shall issue an opinion on whether the standard
   2-16  or requirement at issue is more stringent than the United States
   2-17  Environmental Protection Agency standard or requirement before the
   2-18  31st day after the executive director receives the request for
   2-19  review.
   2-20        SECTION 2.  Section 361.034(a), Health and Safety Code, is
   2-21  amended to read as follows:
   2-22        (a)  The commission shall submit a report to the presiding
   2-23  officers of the legislature and the governor not later than January
   2-24  1 of each odd-numbered year.  The report must include:
   2-25              (1)  a summary of a performance report of the imposed
   2-26  industrial solid waste and hazardous waste fees authorized under
   2-27  Subchapter D and related activities to determine the
    3-1  appropriateness of the fee structures;
    3-2              (2)  an evaluation of progress made in accomplishing
    3-3  the state's public policy concerning the preference of waste
    3-4  management methods under Section 361.023;
    3-5              (3)  projections of the volume of waste by type of
    3-6  waste, disposition of waste, and remaining capacity or capacity
    3-7  used for the treatment and disposal of the waste;
    3-8              (4)  projections of the availability of adequate
    3-9  capacity in this state for the management of all types of hazardous
   3-10  waste generated within the state and a report of the amounts,
   3-11  types, and sources of hazardous waste imported into and exported
   3-12  from the state in the previous year;
   3-13              (5)  an evaluation of the progress made and activities
   3-14  engaged in consistent with the state's municipal solid waste
   3-15  management plan, in particular the progress toward meeting the
   3-16  waste reduction goal established by Section 361.0201(d);
   3-17              (6)  an evaluation of the progress made by local
   3-18  governments under the solid waste management plans;
   3-19              (7)  the status of state procurement under Section
   3-20  361.426 of products made of recycled materials or that are
   3-21  reusable, including documentation of any decision not to purchase
   3-22  those products;
   3-23              (8)  the status of the governmental entity recycling
   3-24  program established under Section 361.425, including the status of
   3-25  collection and storage procedures and program evaluations required
   3-26  by that section;
   3-27              (9)  the status of the public education program
    4-1  described in Section 361.0202; <and>
    4-2              (10)  recommendations to the governor and to the
    4-3  legislature for improving the management of municipal solid waste
    4-4  in the state;
    4-5              (11)  a statement confirming that the commission
    4-6  complies with Section 361.040; and
    4-7              (12)  a digest of requests for review received under
    4-8  Section 361.041, identifying the state and federal standards or
    4-9  requirements reviewed and summarizing the executive director's
   4-10  opinion issued for each request.
   4-11        SECTION 3.  Section 363.046, Health and Safety Code, is
   4-12  amended to read as follows:
   4-13        Sec. 363.046.  Duties.  The advisory council shall:
   4-14              (1)  review and evaluate the effect of state policies
   4-15  and programs on municipal solid waste management;
   4-16              (2)  make recommendations to the commissioner and the
   4-17  board on matters relating to municipal solid waste management;
   4-18              (3)  recommend legislation to the board to encourage
   4-19  the efficient management of municipal solid waste;
   4-20              (4)  recommend policies to the board for the use,
   4-21  allocation, or distribution of the planning fund that include:
   4-22                    (A)  identification of statewide priorities for
   4-23  use of funds;
   4-24                    (B)  the manner and form of application for
   4-25  financial assistance; and
   4-26                    (C)  criteria, in addition to those prescribed by
   4-27  Section 363.093(d), to be evaluated in establishing priorities for
    5-1  providing financial assistance to applicants;
    5-2              (5)  conduct a continuing review of the standards and
    5-3  requirements the board imposes on sanitary landfills to ensure that
    5-4  the board does not impose a standard or requirement that is more
    5-5  stringent than a standard or requirement required by the United
    5-6  States Environmental Protection Agency under Subchapter IV, Solid
    5-7  Waste Disposal Act, as amended (42 U.S.C. Section 6941 et seq.),
    5-8  and shall report its findings to the board on or before September 1
    5-9  of each year; and
   5-10              (6) <(5)>  recommend to the commissioner special
   5-11  studies and projects to further the effectiveness of municipal
   5-12  solid waste management and resource recovery.
   5-13        SECTION 4.  The Municipal Solid Waste Management and Resource
   5-14  Recovery Advisory Council shall make the first report to the Texas
   5-15  Natural Resource Conservation Commission required by
   5-16  Section 363.046(5), as added by this Act, not later than September
   5-17  1, 1996.
   5-18        SECTION 5.  Subchapter C, Health and Safety Code, is amended
   5-19  by adding Section 361.071 to read as follows:
   5-20        Sec. 361.071.  PERMITS FROM OTHER AGENCIES.  The owner or
   5-21  operator of a solid waste management facility is not required to
   5-22  obtain a permit from any agency of the state other than the
   5-23  commission, or any permit from the commission other than a permit
   5-24  issued under this chapter, to store, process, treat, dispose of, or
   5-25  destroy solid waste unless:
   5-26              (1)  a permit is required by the Railroad Commission of
   5-27  Texas under Chapter 27, Water Code;
    6-1              (2)  a permit is required by Part C or D, Title I,
    6-2  federal Clean Air Act (42 U.S.C. Sections 7470 et seq. and 7501 et
    6-3  seq.), for a major source or a major modification; or
    6-4              (3)  a permit is required by the federal operating
    6-5  permit program pursuant to Section 129(e), Title I, federal Clean
    6-6  Air Act (42 U.S.C. Section 7429(e)).
    6-7        SECTION 6.  The importance of this legislation and the
    6-8  crowded condition of the calendars in both houses create an
    6-9  emergency and an imperative public necessity that the
   6-10  constitutional rule requiring bills to be read on three several
   6-11  days in each house be suspended, and this rule is hereby suspended,
   6-12  and that this Act take effect and be in force from and after its
   6-13  passage, and it is so enacted.