By Brown S.B. No. 1589
74R6831 MI-F
A BILL TO BE ENTITLED
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
1-11 facility established in conjunction with the permitted municipal
1-12 solid waste management facility is not required to obtain for that
1-13 recycling, <or> waste separation, energy and material recovery, or
1-14 gas recovery facility a separate permit from the commission
1-15 <department> or to apply for an amendment to an existing permit
1-16 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.