1-1 By: Brown S.B. No. 1589
1-2 (In the Senate - Filed March 13, 1995; March 22, 1995, read
1-3 first time and referred to Committee on Natural Resources;
1-4 May 5, 1995, reported favorably by the following vote: Yeas 9,
1-5 Nays 0; May 5, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the regulation of energy and material recovery and of
1-9 gas recovery.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 361.0861, Health and Safety Code, is
1-12 amended to read as follows:
1-13 Sec. 361.0861. SEPARATE RECYCLING OR RECOVERY PERMIT NOT
1-14 REQUIRED. (a) A permit holder or a municipal solid waste
1-15 management facility that has or plans to have a recycling, <or>
1-16 waste separation, energy and material recovery, or gas recovery
1-17 facility established in conjunction with the permitted municipal
1-18 solid waste management facility is not required to obtain for that
1-19 recycling, <or> waste separation, energy and material recovery, or
1-20 gas recovery facility a separate permit from the commission
1-21 <department> or to apply for an amendment to an existing permit
1-22 issued by the commission <department>.
1-23 (b) A facility to which this section applies must register
1-24 with the commission <department> in accordance with commission
1-25 <board of health> rules and comply with commission <board of
1-26 health> rules adopted under this chapter.
1-27 (c) If a permit is otherwise required, the commission
1-28 <department> shall expedite the permit proceeding if the applicant
1-29 is seeking a permit for a solid waste management facility that
1-30 employs an innovative, high technology method of waste disposition
1-31 and recycling.
1-32 SECTION 2. Section 361.092, Health and Safety Code, is
1-33 amended to read as follows:
1-34 Sec. 361.092. REGISTRATION <PERMIT> FOR EXTRACTING MATERIALS
1-35 FROM CERTAIN SOLID WASTE FACILITIES. (a) The <department and the>
1-36 commission may <each> require a registration <permit> to extract
1-37 materials for energy and material recovery and for gas recovery
1-38 from closed or inactive portions of a solid waste facility that has
1-39 been used for disposal of municipal or industrial solid waste.
1-40 (b) The <department or the> commission <shall issue a permit
1-41 under this section in the same manner as provided by this
1-42 subchapter for issuance of a permit to operate and maintain a solid
1-43 waste facility.>
1-44 <(c) Each agency> shall adopt standards necessary to ensure
1-45 that the integrity of a solid waste facility is maintained.
1-46 SECTION 3. A person who, on August 31, 1995, holds a permit
1-47 issued under Section 361.092, Health and Safety Code, that but for
1-48 the change in law made by this Act would be valid on September 1,
1-49 1995, is considered to hold a registration, if registration is
1-50 required, under Section 361.092, Health and Safety Code, as amended
1-51 by this Act.
1-52 SECTION 4. This Act takes effect September 1, 1995.
1-53 SECTION 5. The importance of this legislation and the
1-54 crowded condition of the calendars in both houses create an
1-55 emergency and an imperative public necessity that the
1-56 constitutional rule requiring bills to be read on three several
1-57 days in each house be suspended, and this rule is hereby suspended.
1-58 * * * * *