By Hilbert H.B. No. 2441 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the amendment, extension, or renewal of a permit for a 1-3 solid waste facility. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 361.088, Health and Safety Code, is 1-6 amended by adding Subsections (e) and (f) to read as follows: 1-7 (e) If a person affected by an application for amendment, 1-8 extension, or renewal of a municipal solid waste permit is granted 1-9 a hearing or the commission requests a hearing on the commission's 1-10 own motion, the scope of the hearing shall be limited to: 1-11 (1) the applicant's compliance record during the 1-12 current term of the permit; 1-13 (2) whether the applicant is indebted to the state for 1-14 a fee, tax, fine, or assessment; 1-15 (3) whether the applicant made a false or misleading 1-16 statement in connection with an original or renewal application; 1-17 (4) whether the applicant has demonstrated compliance 1-18 with regulatory requirements applicable to the new or expanded 1-19 operations addressed in the application; 1-20 (5) whether the site is suitable for the facility; and 1-21 (6) public health and public safety. 1-22 (f) Before an application to amend, extend, or renew a 1-23 municipal solid waste permit may be denied, in whole or part, the 1-24 commission must find, after an opportunity for a hearing, that: 2-1 (1) a significant violation exists and the permit 2-2 applicant has not made a substantial attempt to correct the 2-3 violation; 2-4 (2) the applicant is indebted to the state for a fee, 2-5 tax, fine, or assessment imposed under this title or under a rule 2-6 of the commission; 2-7 (3) the applicant made a false or misleading statement 2-8 in connection with an original or renewal application; 2-9 (4) the applicant is unable to demonstrate compliance 2-10 with regulatory requirements applicable to the new or expanded 2-11 operation addressed in the application; 2-12 (5) the site is not suitable for the facility; or 2-13 (6) there is no adverse effect to public safety and 2-14 public health. 2-15 SECTION 2. Subchapter C, Chapter 361, Health and Safety 2-16 Code, is amended by adding Section 361.070 to read as follows: 2-17 Sec. 361.070. SOLE PERMIT HEARING. (a) If applications for 2-18 all required permits are simultaneously filed by a facility 2-19 required to have more than one permit issued by the commission, the 2-20 commission shall hold one consolidated application review and 2-21 permit hearing on all the required permits. 2-22 (b) Unless required under the federal Clean Air Act, a 2-23 municipal solid waste facility permitted under this chapter is not 2-24 required to obtain a separate air quality permit. 2-25 SECTION 3. This Act takes effect September 1, 1995, and 2-26 applies only to an application to amend, extend, or renew a permit 2-27 filed on or after that date. An application to amend, extend, or 3-1 renew a permit that is filed before the effective date of this Act 3-2 is governed by the law in effect on the date the application was 3-3 filed, and the former law is continued in effect for that purpose. 3-4 SECTION 4. The importance of this legislation and the 3-5 crowded condition of the calendars in both houses create an 3-6 emergency and an imperative public necessity that the 3-7 constitutional rule requiring bills to be read on three several 3-8 days in each house be suspended, and this rule is hereby suspended.