By: Henderson S.B. No. 1612 A BILL TO BE ENTITLED AN ACT 1-1 relating to the review of certain permitted solid waste facilities. 1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-3 SECTION 1. Chapter 361, Texas Health and Safety Code, is 1-4 amended by adding Section 361.0891 to read as follows: 1-5 Sec. 361.0891. REVIEW OF CERTAIN PERMITTED FACILITIES. 1-6 (a) Any permit issued without a specified duration for a 1-7 commercial Type V municipal solid waste facility for which 1-8 construction and operation has not commenced within ten years from 1-9 permit issuance, and which has been transferred from the original 1-10 permittee to another person, shall be suspended pending a 1-11 commission determination of land use compatibility and the need for 1-12 the additional municipal solid waste management capacity. 1-13 (b) If the commission finds that operation of the municipal 1-14 solid waste facility as originally permitted is incompatible with 1-15 existing or proposed land use in the local area, that there is no 1-16 need for the additional municipal solid waste management capacity, 1-17 or that there is other good cause for revocation, the permit shall 1-18 be revoked. The site of the facility for which a permit has been 1-19 revoked may be used for the management of municipal solid waste 1-20 only if a permit for a new municipal solid waste facility is 1-21 obtained from the commission following notice and opportunity for 1-22 hearing. 1-23 (c) If the commission finds that operation of the facility 2-1 as originally permitted is compatible with existing or proposed 2-2 land use in the local area and that there is a need for the 2-3 additional capacity, any areal or capacity expansion of the 2-4 facility must be authorized by permit amendment following notice 2-5 and opportunity for hearing. 2-6 (d) Any determination of land use compatibility and need for 2-7 the facility shall be subject to the public meeting, notice, and 2-8 hearing requirements of Sections 361.0791(b) and 361.081 of this 2-9 Chapter. The commission may consider any other grounds for permit 2-10 revocation at a hearing under this Section. 2-11 SECTION 2. The changes in law made by this Act shall apply 2-12 to facilities and sites permitted pursuant to the Texas Solid Waste 2-13 Disposal Act prior to and following the effective date of this Act. 2-14 SECTION 3. The importance of this legislation and the 2-15 crowded condition of the calendars in both houses create an 2-16 emergency and an imperative public necessity that the 2-17 constitutional rule requiring bills to be read on three several 2-18 days in each house be suspended, and this rule is hereby suspended, 2-19 and that this Act take effect and be in force from and after its 2-20 passage, and it is so enacted.