ACG H.B. 1936 75(R)BILL ANALYSIS


ENVIRONMENTAL REGULATION
C.S.H.B. 1936
By: Tillery
4-18-97
Committee Report (Substituted)



BACKGROUND 

Persons applying for a hazardous waste permit from the Texas Natural
Resource Conservation Commission (commission) are required to publish
notice of intent in a newspaper of the largest general circulation
published in the county in which the facility is proposed to be located.
On receiving an application, the commission is required to notify the
state senator and representative who represent the area in which the
facility will be located.  When a permit application is determined to be
administratively complete, the commission is required to mail a summary of
the application to the mayor and health authority of a municipality in
which the facility is to be located and to the county judge and the health
authority of the county in which the facility is located. 

Officials of a county or municipality that is within 1,000 feet of the
proposed site, but not actually host to the site, may not be included in
the notification process. 

PURPOSE

CSHB 1936 would require notice to a municipality within 1000ft. of  a site
for which a person is seeking a hazardous waste permit, a solid waste
permit, or certain air permits. 

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is inherently
granted to the Texas Natural Resource Conservation Commission in SECTION 1
of the bill [Section 361.0642(c)(5), Health and Safety Code], and in
SECTION 2 of the bill [Section 382.05165(c)(5), Health and Safety Code.] 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter C, Chapter 361, Health and Safety Code, by
adding Section  361.0642 as follows:  
 Section 361.0642 (a) Requires a person who files certain solid waste or
hazardous solid waste applications with the commission, to send notice of
the application to the governing body of a municipality if the perimeter
of the proposed facility is less than 1,000 feet outside the corporate
limits of the municipality. 
 Section 361.0642 (b) Requires notice to be sent at the same time notice
of intent to file is submitted. 
 Section 361.0642 (c)  Notice must describe location and proposed
activities, contact and other information. 
 Section 361.0642 (c) This notice requirement is in addition to any other
notice required. 

SECTION 2. Amends Subchapter C, Chapter 382, Health and Safety Code, by
adding Section 382.05165 as follows: 
 Section 382.05165(a) Requires a person who files an application with the
commission for certain permits for facilities that may emit air
contaminants, to send notice of the application to the governing body of a
municipality if the perimeter of the proposed facility is less than 1,000
feet outside the corporate limits of the municipality. 
 Section 382.05165(b) Requires notice to be sent at the same time notice
of intent to file is submitted. 
 Section 382.05165(c)  Notice must describe location and proposed
activities, contact and  other information. 
 Section 382.05165(d) This notice requirement is in addition to any other
notice required. 

SECTION 3. Effective date: September 1, 1997; prospective.

SECTION 4. Emergency clause.        
                     

COMPARISON OF ORIGINAL TO SUBSTITUTE

HB 1936 included counties and municipalities; CSHB does not include
counties. 

HB 1936 applied only to a person who filed with the commission certain
solid waste or hazardous solid waste applications.  CSHB includes persons
who file with the commission certain solid waste or hazardous solid waste
applications and adds a person who files with the commission certain
applications for a facility that may emit air contaminants.