SRC-HRD S.B. 1393 75(R)BILL ANALYSIS


Senate Research CenterS.B. 1393
By: Lindsay
Natural Resources
4-21-97
Committee Report (Amended)


DIGEST 

As currently defined in Section 361.003, Health and Safety Code,
"municipal solid waste" means "solid waste resulting from or incidental to
municipal, community, commercial, institutional, or recreational
activities, and includes garbage, rubbish, ashes, street cleanings, dead
animals, abandoned automobiles, and other solid waste other than
industrial waste." While such facilities do not pose risks to the same
extent as hazardous waste facilities, there are a number of health and
quality of life issues related to the location of such facilities.
Presently there are no distance requirements limiting the distance between
a municipal solid waste facility and areas such as residences, churches,
or schools, as there are with hazardous waste facilities.  This bill would
require the Texas Natural Resource Conservation Commission to establish
rules which prohibit the issuance of a permit for a new municipal solid
waste facility or the expansion of an existing facility if the boundary of
the landfill is to be located within 1,000 feet of an established
residence, place of worship, school, day-care center, surface water body
used for a public drinking water supply, or dedicated public park.  The
bill also sets forth provisions regarding when measurements will be taken
and exempts certain areas located within the boundaries of a solid waste
facility owned by the permit applicant. 

PURPOSE

As proposed, S.B. 1393 requires the Texas Natural Resource Conservation
Commission to establish certain rules regarding a permit for a new
municipal solid waste facility or the expansion of an existing municipal
solid waste facility facility.    

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Natural Resource Conservation
Commission (Section 361.1025, Health and Safety Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 361C, Health and Safety Code, by adding Section
361.1025, as follows: 

Sec. 361.1025.  PROHIBITION ON PERMIT FOR MUNICIPAL SOLID WASTE FACILITY
WITHIN CERTAIN DISTANCE OF RESIDENCE, PLACE OF WORSHIP, SCHOOL, DAY-CARE
CENTER, DRINKING WATER SUPPLY, OR PARK.  Requires the Texas Natural
Resource Conservation Commission, by rule, to prohibit the issuance of a
permit for a new municipal solid waste facility or the areal expansion of
an existing municipal solid waste facility if the boundary of the landfill
is to be located within 1,000 feet of an established residence, place of
worship, school, day-care center, surface water body used for a public
drinking water supply, or dedicated public park,  unless a site-specific,
riskbased evaluation indicates otherwise.  Sets forth provisions regarding
measurement of distance toward the above locations.  Provides that the
restrictions imposed by Subsection (a) do not apply to a residence, place
of worship, school, day-care center, surface water body used for a public
drinking water supply, or dedicated park located inside the boundaries of
a solid waste management facility or property owned by the permit
applicant. 


 SECTION 2. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 3. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

Amendment 1.

Page 1, line 18, insert after "park," ", unless a site-specific,
risk-based evaluation indicates otherwise."