By Elkins H.B. No. 2407 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the review of certain permitted solid waste facilities. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Chapter 361, Texas Health and Safety Code, is 1-5 amended by adding Section 361.0891 to read as follows: 1-6 Sec. 361.0891. REVIEW OF CERTAIN PERMITTED FACILITIES. (a) 1-7 Any permit issued without a specified duration for a commercial 1-8 Type V municipal solid waste facility for which construction and 1-9 operation has not commenced within ten years from permit issuance, 1-10 and which has been transferred from the original permittee to 1-11 another person, shall be suspended pending a commission 1-12 determination of land use compatibility and the need for the 1-13 additional municipal solid waste management capacity. 1-14 (b) If the commission finds that operation of the municipal 1-15 solid waste facility as originally permitted is incompatible with 1-16 existing or proposed land use in the local area, that there is no 1-17 need for the additional municipal solid waste management capacity, 1-18 or that there is other good cause for revocation, the permit shall 1-19 be revoked. The site of the facility for which a permit has been 1-20 revoked may be used for the management of municipal solid waste 1-21 only if a permit for a new municipal solid waste facility is 1-22 obtained from the commission following notice and opportunity for 1-23 hearing. 2-1 (c) If the commission finds that operation of the facility 2-2 as originally permitted is compatible with existing or proposed 2-3 land use in the local area and that there is a need for the 2-4 additional capacity, any areal or capacity expansion of the 2-5 facility must be authorized by permit amendment following notice 2-6 and opportunity for hearing. 2-7 (d) Any determination of land use compatibility and need for 2-8 the facility shall be subject to the public meeting, notice, and 2-9 hearing requirements of Sections 361.0791(b) and 361.081 of this 2-10 Chapter. The commission may consider any other grounds for permit 2-11 revocation at a hearing under this Section. 2-12 SECTION 2. The changes in law made by this Act shall apply 2-13 to facilities and sites permitted pursuant to the Texas Solid Waste 2-14 Disposal Act prior to and following the effective date of this Act. 2-15 SECTION 3. The importance of this legislation and the 2-16 crowded condition of the calendars in both houses create an 2-17 emergency and an imperative public necessity that the 2-18 constitutional rule requiring bills to be read on three several 2-19 days in each house be suspended, and this rule is hereby suspended, 2-20 and that this Act take effect and be in force from and after its 2-21 passage, and it is so enacted.