SRC-SLL S.B. 1597 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 1597
By: Ellis
Natural Resources
5-21-97
As Filed


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.
Consideration of the negative impact of siting these facilities in or near
a community is integral to the state's development of adequate waste
management capacity.  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, S.B. 1597 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 restrict the
siting of solid waste facilities so that those facilities are not located
disproportionately in low-income, minority, or other communities and the
adverse effects of those facilities on the communities in which they are
located will be minimized, while ensuring that this 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 and include
provisions to restrict the siting of those facilities so as to minimize
their adverse effects on those 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 361.034(a), Health and Safety Code, to require a
report to be submitted by TNRCC to certain persons to include an
evaluation of the progress made in accomplishing the state's policy of
restricting the siting of solid waste facilities so as to minimize the
adverse effects of those facilities on low-income, minority, and other
communities. 

SECTION 6. Amends Section 361.102, Health and Safety Code, as follows:

Sec.  361.102.  New heading: PROHIBITION ON SITING OF FACILITIES WITHIN A
CERTAIN DISTANCE OF RESIDENCE, CHURCH, SCHOOL, DAY CARE CENTER, PUBLIC
DRINKING WATER SUPPLY, OR PARK.  (a) Requires TNRCC, by rule, to  prohibit
the issuance of a permit for a new solid waste facility, rather than for a
hazardous waste landfill or land treatment facility, or the areal
expansion of such a facility, the siting or areal expansion of a solid
waste facility that is exempt from the requirement of a permit, or the
disposal of solid waste if the facility or disposal site is to be located
within one-half mile, rather than 1,000 feet of an established residence,
church, school, day care center, surface water body used for a public
drinking water supply, or dedicated public park. 
  
(b) Deletes existing text regarding the issuance of a permit for a new
commercial hazardous waste facility or areal expansion of such a facility.
Requires distances for a subsequent areal expansion of a new solid waste
facility that was required to comply with Subsection (a) to be measured
from one of certain areas only if, at the time the distance was certified
under that subsection the property was being used for that purpose or in
the case of a residence, the property was zoned residential.   

(c) Requires TNRCC, by rule, to prohibit the issuance of a permit for a
new solid waste facility or the areal expansion of such a facility, the
siting or areal expansion of a solid waste facility that is exempt from
the requirement of a permit, or the disposal of solid waste if the
facility or disposal site is to be located at a distance greater than
one-half mile from certain areas, unless the applicant or the owner or
operator of the facility or disposal site demonstrates that the facility
or disposal sites will be operated so as to safeguard public health and
welfare and protect physical property and the environment, at any distance
beyond the facility's or disposal site's property boundaries, consistent
with the purposes of this chapter. 

(d) Requires the measurement of distances required by Subsections (a),
(b), and (c) to be taken toward the property line of certain properties
that are in use when construction of the facility or disposal site begins,
if a permit is not required.  Makes conforming and nonsubstantive changes.

(e) Provides that the restrictions imposed by Subsection (a)-(c), rather
than (a)-(d), do not apply to certain areas 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. 

(f)  Makes conforming changes.

SECTION 7. Provides that the changes in law made by this Act apply only to
certain facilities. 

SECTION 8. Effective date: September 1, 1997.

SECTION 9. Emergency clause.