ACG H.B. 3164 75(R)BILL ANALYSIS


ENVIRONMENTAL REGULATION
C.S.H.B. 3164
By: Gallego
4-18-97
Committee Report (Substituted)



BACKGROUND 

The Legislature previously required the Texas Natural Resource
Conservation Commission (commission) to conduct a survey of closed
landfills in the state.  The TNRCC has completed a survey, locating
approximately 3,900 closed landfills.  These landfills, half of which were
never permitted, are scattered throughout the state, with the largest
concentrations in Houston, Dallas, San Antonio, and Southeast Texas areas. 

With the completion of the survey, the agency has begun to review the data
collected to determine the number of sites that pose a threat to public
health and safety because of their location and the type of waste that was
deposited.  In some instances, this review will need to include site
inspections. 

Closed or abandoned landfills can pose an imminent threat to the public's
health and safety, usually due to the migration of explosive gases into
neighboring buildings or the contamination of water supplies.  It is
necessary for the commission to be able to respond immediately to these
situations.  
Current statutory authority allocates municipal solid waste disposal fee
revenues to the commission for various uses and to local governments for
grants.   Current funding to the commission is not in proportion to the
cost of response to situations that threaten health and safety.  

PURPOSE

C.S.H.B. 3164 will authorize the use of municipal solid waste disposal fee
revenues for responses to closed landfills that represent a threat to
public health and safety.  The bill will also exempt that revenue from the
current requirement that allocates an equal amount of revenue to local
grant projects and the commission. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 361.014, Health & Safety Code as follows:
 Section 361.014(a)(5) updates statutory references
 Section 361.014(a)(9) allows municipal solid waste fee revenues to be
used for addressing closed or abandoned solid waste disposal sites;
deletes authority to use these monies for superfund solid waste sites. 
 Section 361.014(d) allows the commission to assess and respond to closed
or abandoned municipal solid waste disposal sites in certain
circumstances. 

SECTION 2. Allows municipal solid waste tipping fees to be used as
provided by this bill for the fiscal biennium ending August 31, 1999. 

SECTION 3. Emergency clause.


 COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute removes all references to "unauthorized tire dumps" which
were included in the original. 

The filed version amends Section 361.014(b), but the substitute does not.

SECTION 2 of the substitute is new language not included in the filed
version.