SRC-SLL H.B. 2103 75(R)    BILL ANALYSIS


Senate Research CenterH.B. 2103
By: Turner, Sylvester (West)
Natural Resources
5-18-97
Engrossed


DIGEST 

Currently, many lower income and minority communities support a
disproportionately high concentration of solid waste and other industrial
facilities which negatively affect air quality and property values.
Individuals and community groups in these areas are often without the
financial resources necessary to prevent these facilities from locating
near their homes, churches, and schools. In order to minimize the adverse
effects of solid waste facilities, the state may need to consider in its
solid waste strategic planning the cumulative effect of multiple sources
of pollution and the adverse effects of additional facilities on
communities.  This bill will provide restrictions on the siting of solid
waste facilities and require the Texas Natural Resource Conservation
Commission to consider cumulative risks in certain administrative
proceedings. 

PURPOSE

As proposed, H.B. 2103 provides restrictions on the siting of solid waste
facilities and requires the Texas Natural Resource Conservation Commission
to consider cumulative risks in certain administrative proceedings. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 361.002, Health and Safety Code, by adding
Subsection (c), to provide that it is this state's policy to ensure that
new solid waste facilities are not located disproportionately in
preexisting low-income, minority, or other communities and that the
adverse effects of solid waste facilities on the communities in which they
are located are minimized, while ensuring that the state has adequate
solid waste management capacity. 

SECTION 2. Amends Section 361.020(a), Health and Safety Code, to require
the strategic state solid waste plan to include certain provisions. 

SECTION 3. Amends Section 361.0201(b), Health and Safety Code, to require
the plan to assess historical trends regarding the siting of solid waste
facilities in low-income, minority, and other communities. 

SECTION 4. Amends Section 361.0216, Health and Safety Code, to provide
that the office of pollution prevention is created to coordinate all
environmental justice activities of the Texas Natural Resource
Conservation Commission (TNRCC). 

SECTION 5. Amends Section 361.064(a), Health and Safety Code, to require a
report to be submitted by TNRCC to certain persons to include an
evaluation of the implementation of the state's policy of ensuring that
new solid waste facilities are not located disporportionately in
low-income, minority, and other communities and ensuring that the adverse
effects of solid waste facilities on the communites in which they are
located are minimized. 

SECTION 6. Amends Chapter 5D, Water Code, by adding Section 5.123, as
follows: 

 Sec.  5.123.  CONSIDERATION OF CUMULATIVE RISKS. Authorizes an affected
party, in an administrative proceeding involving the siting, expansion, or
operation of a facility in the local area in which other permitted
facilities are located, to offer, and require TNRCC to consider, evidence
relating to cumulative risks, including certain information.  Requires
TNRCC to take certain actions. 

SECTION 7. Amends Chapter 361C, Health and Safety Code, by adding Section
361.0695, as follows: 

Sec.  361.0695.  PUBLIC MEETING AND NOTICE FOR SOLID WASTE FACILITIES.
Sets forth regulations regarding public meetings and notice required for a
new facilitiy. 

SECTION 8. Effective date: September 1, 1997.

SECTION 9. Emergency clause.