ACG H.B. 2103 75(R)BILL ANALYSIS ENVIRONMENTAL REGULATION H.B. 2103 By: Turner, Sylvester 4-15-97 Committee Report (Amended) BACKGROUND Many lower income and minority communities support a disproportionately high concentration of solid waste facilities which negatively affect air quality and property values. According to the Texas Environmental Equity and Justice Task Force Report published in 1993, "Concern for the welfare of low-income and minority residents of communities that are disproportionately impacted by environmental hazards has been growing . . ." The Task Force found that, "Texas laws and regulations are neutral on their face and are moving in a favorable direction respecting pollution prevention and risk-based decision making." However, some feel that the law should be amended to more clearly define the need for more precaution in siting certain facilities. PURPOSE H.B. 2103 will prohibit siting solid waste facilities within one half mile of a residence, school, church, day care center, certain bodies of water, or public park and directs the Texas Natural Resource Conservation Commission to consider the cumulative impacts of multiple sources of pollution on a community as part of the permit process RULEMAKING AUTHORITY It is the committee's opinion that this bill grants rulemaking authority to the Texas Natural Resource Conservation Commission (commission) in SECTION 7, Subchapter D, Chapter 5, Water Code, Section 5.123(c) It is the committee's opinion that although this bill does not expressly grant rulemaking authority to the commission, existing rulemaking authority is modified in SECTION 6 of the bill, Section 361.102(a) & (c), Health and Safety Code. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 361.002, Health and Safety Code by adding Subsection (c) which specifies that it is the State's policy to restrict the siting of solid waste facilities so as to not be disproportionately located in low-income, minority, or other communities. The policy also that the adverse effects on the communities where they are located will be minimized. SECTION 2. Amends Section 361.020(a), Health and Safety Code, to require the commission's strategic plan for the reduction of waste to include provisions to restrict the siting of solid waste facilities so as to minimize the adverse effects on low-income, minority, and other communities, and to require the consideration of the cumulative effect of the presence of multiple sources of pollution on the community. 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, and to include provisions to restrict the siting of those facilities. SECTION 4. Amends Section 361.0216, Health and Safety Code, to direct the commission's Office of Pollution Prevention to coordinate environmental justice activities of the commission. SECTION 5. Amends Section 361.034(a), Health and Safety Code, to require the commission to describe, as part of its report to the Legislature and Governor each session, progress made in accomplishing the state's policy of restricting solid waste facilities. SECTION 6. Amends Section 361.102, Health and Safety Code as follows: Section 361.102 (a) requires the commission to prohibit by rule the issuance of specified permits if the permit applies to a facility which is to be located within one-half mile of an established residence, church, school, day care center, surface water body used for a public water drinking supply, or dedicated public park. Section 361.102 (b) The current language is deleted and the former (c) becomes (b) with these amendments: "commercial hazardous waste management facility" is changed to "solid waste facility." For a subsequent areal expansion of a new facility that was required to comply with (a), distances shall be measured from the residence, etc. if, at the time the distance was certified under (a) the property was being used for that purpose, or if the property for a residence was zoned residential. Section 361.102 (c) Requires the commission to prohibit the issuance of a permit for a new solid waste facility or the areal expansion of the same that is exempt from the requirement of the permit, or the disposal of solid waste if the facility or site is located more than one-half mile from specified establishments unless the owner or operator demonstrates that the facility or site will be operated properly. Section 361.102 (d) Requires the measurement of the distances to be taken toward the property line of the establishment and specifies when the measurement must be taken. Section 361.102 (e) The restrictions do not apply to an establishment located within the boundaries of a solid waste facility or disposal site, or property owned by the owner or operator of the facility or disposal site. Section 361.102 (f) The measurements are required to be taken around the perimeter of the facility or site. Prohibits the perimeter to be more than 75 feet from the edge of the proposed facility. SECTION 7. Amends Subchapter D, Chapter 5, Water Code, by adding Section 5.123 as follows: Section 5.123 (a) directs the commission to consider cumulative risks to communities when facilities are sited, expanded or operated in areas with existing facilities, including certain evidence. Section 5.123 (b) requires the commission to develop and implement policies to protect the public from multiple sources of pollution. Section 5.123 (c) requires the commission to adopt rules to accomplish the purposes of this section. SECTION 8. Effective Date: September 1, 1997 SECTION 9. Emergency Clause. EXPLANATION OF AMENDMENTS COMMITTEE AMENDMENT NO. 1 changes the bill from restricting the siting of solid waste facilities disproportionately in low-income or minority communities to ensuring that solid waste facilities are not located disproportionately in preexisting low-income or minority communities, or other communities. In addition to making conforming changes, all references to siting restrictions and the synergistic or cumulative effects of substances are removed. COMMITTEE AMENDMENT NO. 2 adds a new SECTION 7 to the bill which adds Section 361.0695 to provide for public meeting and notice for solid waste facilities as follows: Section 361.0695 (a) requires an applicant for a new municipal solid waste facility to hold a public meeting before the 45th day after the application if filed. Section 361.0695 (b) requires the applicant to publish notice of the public meeting. Section 361.0695 (c) requires the applicant to present an affidavit to the commission certifying that the notice was published. Section 361.0695 (d) provides requirements for notice size and information required in it. Section 361.0695 (e) requires the applicant to pay the cost of the notice. Section 361.0695 (f) stipulates what must be included in the discussion at the meeting. Section 361.0695 (g) requires the applicant to mail a report of the proceedings of the meeting to the commission.