By Turner of Harris, McClendon                        H.B. No. 2103

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the siting of solid waste facilities, the Texas Natural

 1-3     Resource Conservation Commission's consideration of cumulative

 1-4     risks in certain administrative proceedings, and notice of an

 1-5     application for a municipal solid waste facility.

 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-7           SECTION 1.  Section 361.002, Health and Safety Code, is

 1-8     amended by adding Subsection (c) to read as follows:

 1-9           (c)  It is the state's policy to ensure that new solid waste

1-10     facilities are not located disproportionately in preexisting

1-11     low-income, minority, or other communities and that the adverse

1-12     effects of solid waste facilities on the communities in which they

1-13     are located are minimized, while ensuring that the state has

1-14     adequate solid waste management capacity.

1-15           SECTION 2.  Section 361.020(a), Health and Safety Code, is

1-16     amended to read as follows:

1-17           (a)  The commission shall develop a strategic state solid

1-18     waste plan for all solid waste under its jurisdiction.  The

1-19     commission shall develop a strategic plan for the reduction of

1-20     solid waste.  The strategic plan shall include provisions to:

1-21                 (1)  ensure that new solid waste facilities are not

1-22     located disproportionately in low-income, minority, or other

1-23     communities to minimize the adverse effects of solid waste

1-24     facilities on those communities; and

 2-1                 (2)  require the consideration of the effect the

 2-2     presence of multiple sources of pollution and other nuisances may

 2-3     have on the community surrounding a solid waste facility.

 2-4           SECTION 3.  Section 361.0201(b), Health and Safety Code, is

 2-5     amended to read as follows:

 2-6           (b)  The plan shall:

 2-7                 (1)  describe the capacity in the state to manage

 2-8     municipal waste through existing treatment or disposal facilities

 2-9     and identify all existing municipal solid waste management

2-10     facilities in the state, their capacity, and their projected

2-11     remaining useful life; [and]

2-12                 (2)  analyze the state's capacity requirements over the

2-13     planning periods specified in Section 361.020(c); and

2-14                 (3)  assess historical trends regarding the siting of

2-15     solid waste facilities in low-income, minority, and other

2-16     communities.

2-17           SECTION 4.  Section 361.0216, Health and Safety Code, is

2-18     amended to read as follows:

2-19           Sec. 361.0216.  OFFICE OF POLLUTION PREVENTION.  The office

2-20     of pollution prevention is created in the executive office of the

2-21     commission to direct and coordinate all source reduction, [and]

2-22     waste minimization, and environmental justice activities of the

2-23     commission.

2-24           SECTION 5.  Section 361.034(a), Health and Safety Code, is

2-25     amended to read as follows:

2-26           (a)  The commission shall submit a report to the presiding

2-27     officers of the legislature and the governor not later than January

 3-1     1 of each odd-numbered year.  The report must include:

 3-2                 (1)  a summary of a performance report of the imposed

 3-3     industrial solid waste and hazardous waste fees authorized under

 3-4     Subchapter D and related activities to determine the

 3-5     appropriateness of the fee structures;

 3-6                 (2)  an evaluation of progress made in accomplishing

 3-7     the state's public policy concerning the preference of waste

 3-8     management methods under Section 361.023;

 3-9                 (3)  projections of the volume of waste by type of

3-10     waste, disposition of waste, and remaining capacity or capacity

3-11     used for the treatment and disposal of the waste;

3-12                 (4)  projections of the availability of adequate

3-13     capacity in this state for the management of all types of hazardous

3-14     waste generated within the state and a report of the amounts,

3-15     types, and sources of hazardous waste imported into and exported

3-16     from the state in the previous year;

3-17                 (5)  an evaluation of the progress made and activities

3-18     engaged in consistent with the state's municipal solid waste

3-19     management plan, in particular the progress toward meeting the

3-20     waste reduction goal established by Section 361.0201(d);

3-21                 (6)  an evaluation of the progress made by local

3-22     governments under the solid waste management plans;

3-23                 (7)  the status of state procurement under Section

3-24     361.426 of products made of recycled materials or that are

3-25     reusable, including documentation of any decision not to purchase

3-26     those products;

3-27                 (8)  the status of the governmental entity recycling

 4-1     program established under Section 361.425, including the status of

 4-2     collection and storage procedures and program evaluations required

 4-3     by that section;

 4-4                 (9)  the status of the public education program

 4-5     described in Section 361.0202; [and]

 4-6                 (10)  recommendations to the governor and to the

 4-7     legislature for improving the management of municipal solid waste

 4-8     in the state; and

 4-9                 (11)  an evaluation of the implementation of the

4-10     state's policy of ensuring that new solid waste facilities are not

4-11     located disproportionately in low-income, minority, or other

4-12     communities and ensuring that the adverse  effects of solid waste

4-13     facilities on the communities in which they are located are

4-14     minimized.

4-15           SECTION 6.  Section 361.069, Health and Safety Code, is

4-16     amended to read as follows:

4-17           Sec. 361.069.  Determination of Land Use Compatibility.  (a)

4-18     The commission [in its discretion may], in processing a permit

4-19     application, shall determine whether the facility is compatible

4-20     with local land uses.  In making the determination, the commission

4-21     shall consider:

4-22                 (1)  the character of the land uses within one mile of

4-23     the facility;

4-24                 (2)  the proximity of the facility to sensitive land

4-25     uses, residences, schools, churches, cemeteries, historic

4-26     structures and sites, and surface water and groundwater sources;

4-27                 (3)  growth trends in the area of the facility,

 5-1     including the direction of major development;

 5-2                 (4)  the adequacy of roads in the area of the facility;

 5-3                 (5)  the volume of existing and expected vehicular

 5-4     traffic on roads in the area of the facility; and

 5-5                 (6)  the extent to which the facility will disrupt

 5-6     normal traffic patterns on roads in the area of the facility [make

 5-7     a separate determination on the question of land use compatibility,

 5-8     and, if the site location is acceptable, may at another time

 5-9     consider other technical matters concerning the application.  A

5-10     public hearing may be held for each determination in accordance

5-11     with Section 361.088].

5-12           (b)  In making a determination on the question of land use

5-13     compatibility, the commission may [shall] not consider the position

5-14     of a state or federal agency unless the position is fully supported

5-15     by credible evidence from that agency during the public hearing.

5-16           (c)  The commission shall adopt rules to implement this

5-17     section.

5-18           SECTION 7.  Subchapter D, Chapter 5, Water Code, is amended

5-19     by adding Section 5.123 to read as follows:

5-20           Sec. 5.123.  CONSIDERATION OF CUMULATIVE RISKS.  (a)  In an

5-21     administrative proceeding involving the siting, expansion, or

5-22     operation of a facility in the local area in which other facilities

5-23     are located, an affected party may offer, and the commission shall

5-24     consider, evidence relating to cumulative risks, including:

5-25                 (1)  the effect of releases, emissions, or discharges

5-26     from the facility and from other facilities in the area;

5-27                 (2)  the potential for exposure to a particular

 6-1     substance by means of multiple pathways; and

 6-2                 (3)  the combined level of noise, odor, and other

 6-3     impacts from the facility and other facilities in the area.

 6-4           (b)  The commission shall:

 6-5                 (1)  develop and implement policies to protect the

 6-6     public from cumulative risks, particularly in:

 6-7                       (A)  low-income or minority communities; and

 6-8                       (B)  communities in which permitted facilities

 6-9     are concentrated; and

6-10                 (2)  give priority to monitoring and enforcement in

6-11     areas in which permitted facilities are concentrated.

6-12           (c)  The commission shall adopt rules as necessary to

6-13     accomplish the purposes of this section.

6-14           SECTION 8.  Subchapter C, Chapter 361, Health and Safety

6-15     Code, is amended by adding Section 361.0695 to read as follows:

6-16           Sec. 361.0695.  PUBLIC MEETING AND NOTICE FOR SOLID WASTE

6-17     FACILITIES.  (a)  An applicant for a new facility that accepts

6-18     municipal solid wastes shall hold a public meeting in the county in

6-19     which the proposed facility is to be located.  The meeting must be

6-20     held before the 45th day after the date the application is filed.

6-21           (b)  The applicant shall publish notice of the public meeting

6-22     at least once each week during the three weeks preceding the

6-23     meeting.  The notice must be published in the newspaper of the

6-24     largest general circulation that is published in the county in

6-25     which the proposed facility is to be located.  If a newspaper is

6-26     not published in the county, the notice must be published in a

6-27     newspaper of general circulation in the county.  The applicant

 7-1     shall also publish notice at least once in a publication that is

 7-2     circulated in the area in which the facility is located or is

 7-3     proposed to be located  and that is published in the primary

 7-4     language of any population group that:

 7-5                 (1)  speaks primarily a language other than English;

 7-6     and

 7-7                 (2)  constitutes five percent or more of the population

 7-8     that resides one mile or less from the facility or proposed

 7-9     facility.

7-10           (c)  The applicant shall present to the commission an

7-11     affidavit certifying that the notice was published as required by

7-12     Subsection (b).  The commission's acceptance of the affidavit

7-13     raises a presumption that the applicant has complied with

7-14     Subsection (b).

7-15           (d)  The published notice may not be smaller than 96.8 square

7-16     centimeters or 15 square inches with the shortest dimension not

7-17     less than 7.5 centimeters or 3 inches.  The notice must contain at

7-18     least the following information:

7-19                 (1)  the permit application number;

7-20                 (2)  the applicant's name;

7-21                 (3)  the proposed location of the facility; and

7-22                 (4)  the location and availability of copies of the

7-23     application.

7-24           (e)  The applicant shall pay the cost of the notice required

7-25     under this section.  The commission by rule may establish a

7-26     procedure for payment of those costs.

7-27           (f)  The meeting shall include a discussion of:

 8-1                 (1)  the compatibility of the proposed facility with

 8-2     relevant state or regional solid waste management plans;

 8-3                 (2)  other sites considered for the proposed facility

 8-4     and the process for selecting the site identified in the

 8-5     application;

 8-6                 (3)  potential benefits to the local community of

 8-7     constructing the proposed facility, including:

 8-8                       (A)  employment opportunities and related job

 8-9     training to ensure that residents of the host community can compete

8-10     for skilled and semiskilled employment at the facility;

8-11                       (B)  contributions by the facility to the

8-12     community infrastructure, including road maintenance, park

8-13     development, and litter control; and

8-14                       (C)  fair and reasonable compensation to owners

8-15     of real property less than 2,640 feet from the facility for any

8-16     decrease in the assessed value of the property attributable to the

8-17     siting of the facility; and

8-18                 (4)  effects the facility may have on local residents,

8-19     places of worship, schools, day-care centers, or surface water

8-20     bodies used to supply public drinking water.

8-21           (g)  The applicant shall mail to the commission a report of

8-22     the proceedings of the meeting, including summaries of the

8-23     information discussed and input received at the meeting.  The

8-24     report must be postmarked not later than the 30th day after the

8-25     date the meeting concludes.

8-26           SECTION 9.  This Act takes effect September 1, 1997.

8-27           SECTION 10.  The importance of this legislation and the

 9-1     crowded condition of the calendars in both houses create an

 9-2     emergency and an imperative public necessity that the

 9-3     constitutional rule requiring bills to be read on three several

 9-4     days in each house be suspended, and this rule is hereby suspended.