By Turner of Harris H.B. No. 2103
75R5053 SMH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to restrictions on the siting of solid waste facilities
1-3 and to the Texas Natural Resource Conservation Commission's
1-4 consideration of cumulative risks in certain administrative
1-5 proceedings.
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 this state's policy to restrict the siting of
1-10 solid waste facilities so that those facilities are not located
1-11 disproportionately in low-income, minority, or other communities
1-12 and the adverse effects of those facilities on the communities in
1-13 which they are located will be minimized, while ensuring that this
1-14 state has 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) restrict the siting of solid waste facilities so
1-22 as to minimize the adverse effects of those facilities on
1-23 low-income, minority, and other communities; and
1-24 (2) require the consideration of the cumulative effect
2-1 the presence of multiple sources of pollution and other nuisances
2-2 may have on the community surrounding a solid waste facility.
2-3 SECTION 3. Section 361.0201(b), Health and Safety Code, is
2-4 amended to read as follows:
2-5 (b) The plan shall:
2-6 (1) describe the capacity in the state to manage
2-7 municipal waste through existing treatment or disposal facilities
2-8 and identify all existing municipal solid waste management
2-9 facilities in the state, their capacity, and their projected
2-10 remaining useful life; [and]
2-11 (2) analyze the state's capacity requirements over the
2-12 planning periods specified in Section 361.020(c); and
2-13 (3) assess historical trends regarding the siting of
2-14 solid waste facilities in low-income, minority, and other
2-15 communities and include provisions to restrict the siting of those
2-16 facilities so as to minimize their adverse effects on those
2-17 communities.
2-18 SECTION 4. Section 361.0216, Health and Safety Code, is
2-19 amended to read as follows:
2-20 Sec. 361.0216. OFFICE OF POLLUTION PREVENTION. The office
2-21 of pollution prevention is created in the executive office of the
2-22 commission to direct and coordinate all source reduction, [and]
2-23 waste minimization, and environmental justice activities of the
2-24 commission.
2-25 SECTION 5. Section 361.034(a), Health and Safety Code, is
2-26 amended to read as follows:
2-27 (a) The commission shall submit a report to the presiding
3-1 officers of the legislature and the governor not later than January
3-2 1 of each odd-numbered year. The report must include:
3-3 (1) a summary of a performance report of the imposed
3-4 industrial solid waste and hazardous waste fees authorized under
3-5 Subchapter D and related activities to determine the
3-6 appropriateness of the fee structures;
3-7 (2) an evaluation of progress made in accomplishing
3-8 the state's public policy concerning the preference of waste
3-9 management methods under Section 361.023;
3-10 (3) projections of the volume of waste by type of
3-11 waste, disposition of waste, and remaining capacity or capacity
3-12 used for the treatment and disposal of the waste;
3-13 (4) projections of the availability of adequate
3-14 capacity in this state for the management of all types of hazardous
3-15 waste generated within the state and a report of the amounts,
3-16 types, and sources of hazardous waste imported into and exported
3-17 from the state in the previous year;
3-18 (5) an evaluation of the progress made and activities
3-19 engaged in consistent with the state's municipal solid waste
3-20 management plan, in particular the progress toward meeting the
3-21 waste reduction goal established by Section 361.0201(d);
3-22 (6) an evaluation of the progress made by local
3-23 governments under the solid waste management plans;
3-24 (7) the status of state procurement under Section
3-25 361.426 of products made of recycled materials or that are
3-26 reusable, including documentation of any decision not to purchase
3-27 those products;
4-1 (8) the status of the governmental entity recycling
4-2 program established under Section 361.425, including the status of
4-3 collection and storage procedures and program evaluations required
4-4 by that section;
4-5 (9) the status of the public education program
4-6 described in Section 361.0202; [and]
4-7 (10) recommendations to the governor and to the
4-8 legislature for improving the management of municipal solid waste
4-9 in the state; and
4-10 (11) an evaluation of the progress made in
4-11 accomplishing the state's policy of restricting the siting of solid
4-12 waste facilities so as to minimize the adverse effects of those
4-13 facilities on low-income, minority, and other communities.
4-14 SECTION 6. Section 361.102, Health and Safety Code, is
4-15 amended to read as follows:
4-16 Sec. 361.102. PROHIBITION ON SITING OF [PERMIT FOR HAZARDOUS
4-17 WASTE MANAGEMENT] FACILITIES WITHIN A CERTAIN DISTANCE OF
4-18 RESIDENCE, CHURCH, SCHOOL, DAY CARE CENTER, [PARK, OR] PUBLIC
4-19 DRINKING WATER SUPPLY, OR PARK. (a) The [Except as provided by
4-20 Subsections (b) and (c), the] commission by rule shall prohibit the
4-21 issuance of a permit for a new solid waste [hazardous waste
4-22 landfill or land treatment] facility or the areal expansion of such
4-23 a facility, the siting or areal expansion of a solid waste facility
4-24 that is exempt from the requirement of a permit, or the disposal of
4-25 solid waste if [the boundary of] the facility or disposal site
4-26 [landfill or land treatment facility] is to be located within
4-27 one-half mile [1,000 feet] of an established residence, church,
5-1 school, day care center, surface water body used for a public
5-2 drinking water supply, or dedicated public park.
5-3 (b) [The commission by rule shall prohibit the issuance of a
5-4 permit for a new commercial hazardous waste management facility or
5-5 the subsequent areal expansion of such a facility or unit of that
5-6 facility if the boundary of the unit is to be located within
5-7 one-half of a mile (2,640 feet) of an established residence,
5-8 church, school, day care center, surface water body used for a
5-9 public drinking water supply, or dedicated public park.]
5-10 [(c)] For a subsequent areal expansion of a new solid
5-11 [commercial hazardous] waste [management] facility that was
5-12 required to comply with Subsection (a) [(b)], distances shall be
5-13 measured from a residence, church, school, day care center, surface
5-14 water body used for a public drinking water supply, or dedicated
5-15 public park only if, at the time the distance was certified under
5-16 that subsection:
5-17 (1) the property was being used for that purpose; or
5-18 (2) in the case of a residence, the property was zoned
5-19 residential [such structure, water supply, or park was in place at
5-20 the time the distance was certified for the original permit].
5-21 (c) [(d)] The commission by rule shall prohibit the issuance
5-22 of a permit for a new solid [commercial hazardous] waste
5-23 [management] facility or the areal expansion of such a facility,
5-24 the siting or areal expansion of a solid waste facility that is
5-25 exempt from the requirement of a permit, or the disposal of solid
5-26 waste if the facility or disposal site [that] is [proposed] to be
5-27 located at a distance greater than one-half mile [(2,640 feet)]
6-1 from an established residence, church, school, day care center,
6-2 surface water body used for a public drinking water supply, or
6-3 dedicated park, unless the applicant or the owner or operator of
6-4 the facility or disposal site demonstrates that the facility or
6-5 disposal site will be operated so as to safeguard public health
6-6 and welfare and protect physical property and the environment, at
6-7 any distance beyond the facility's or disposal site's property
6-8 boundaries, consistent with the purposes of this chapter.
6-9 (d) [(e)] The measurement of distances required by
6-10 Subsections (a), (b), and (c)[, and (d)] shall be taken toward the
6-11 property line of an established residence, church, school, day care
6-12 center, surface water body used for a public drinking water supply,
6-13 or dedicated park that is in use when:
6-14 (1) the notice of intent to file a permit application
6-15 is filed with the commission; [or,]
6-16 (2) [if no notice of intent is filed, when] the permit
6-17 application is filed with the commission, if no notice of intent is
6-18 filed; or
6-19 (3) construction of the facility or disposal site
6-20 begins, if a permit is not required.
6-21 (e) The restrictions imposed by Subsections (a), (b), and
6-22 (c)[, and (d)] do not apply to:
6-23 (1) a residence, church, school, day care center,
6-24 surface water body used for a public drinking water supply, or [a]
6-25 dedicated park located within the boundaries of a solid [commercial
6-26 hazardous] waste [management] facility[,] or disposal site; or
6-27 (2) property owned by the owner or operator of the
7-1 facility or disposal site [permit applicant].
7-2 (f) The measurement of distances required by Subsections
7-3 (a), (b), and (c)[, and (d)] shall be taken from a perimeter around
7-4 the proposed solid [hazardous] waste facility or disposal site
7-5 [management unit]. The perimeter shall be not more than 75 feet
7-6 from the edge of the proposed facility or disposal site [hazardous
7-7 waste management unit].
7-8 SECTION 7. Subchapter D, Chapter 5, Water Code, is amended
7-9 by adding Section 5.123 to read as follows:
7-10 Sec. 5.123. CONSIDERATION OF CUMULATIVE RISKS. (a) In an
7-11 administrative proceeding involving the siting, expansion, or
7-12 operation of a facility in an area in which other permitted
7-13 facilities are located, an affected party may offer, and the
7-14 commission shall consider, evidence relating to cumulative risks,
7-15 including:
7-16 (1) the synergistic effects of substances in the
7-17 releases, emissions, or discharges of the facility that could
7-18 create additional hazards in combination with each other or with
7-19 substances originating from other facilities in the area;
7-20 (2) the combined effect of releases, emissions, or
7-21 discharges from the facility and from other facilities in the area;
7-22 (3) the potential for exposure to a particular
7-23 substance by means of multiple pathways; and
7-24 (4) the combined level of noise, odor, and other
7-25 potential nuisances from the facility and other facilities in the
7-26 area.
7-27 (b) The commission shall:
8-1 (1) develop and implement policies to protect the
8-2 public from cumulative risks, particularly in:
8-3 (A) low-income or minority communities; and
8-4 (B) communities in which permitted facilities
8-5 are concentrated; and
8-6 (2) give priority to monitoring and enforcement in
8-7 areas in which permitted facilities are concentrated.
8-8 (c) The commission shall adopt rules as necessary to
8-9 accomplish the purposes of this section.
8-10 SECTION 8. This Act takes effect September 1, 1997.
8-11 SECTION 9. The importance of this legislation and the
8-12 crowded condition of the calendars in both houses create an
8-13 emergency and an imperative public necessity that the
8-14 constitutional rule requiring bills to be read on three several
8-15 days in each house be suspended, and this rule is hereby suspended.
8-16 COMMITTEE AMENDMENT NO. 1
8-17 Amend H.B. 2103 as follows:
8-18 (1) On page 1, strike lines 9-14 and substitute:
8-19 (c) It is the state's policy to ensure that new solid waste
8-20 facilities are not located disproportionately in preexisting
8-21 low-income, minority, or other communities and that the adverse
8-22 effects of solid waste facilities on the communities in which they
8-23 are located are minimized, while ensuring that the state has
8-24 adequate solid waste management capacity.
8-25 (2) On page 1, strike lines 21-23 and substitute:
8-26 (1) ensure that new solid waste facilities are not
8-27 located disproportionately in low-income, minority, or other
9-1 communities to minimize the adverse effects of solid waste
9-2 facilities on those communities; and
9-3 (3) On page 1, line 24, strike "cumulative".
9-4 (4) On page 2, strike lines 15-17 and substitute
9-5 "communities.".
9-6 (5) On page 4, strike lines 10-13 and substitute:
9-7 (11) an evaluation of the implementation of the
9-8 state's policy of ensuring that new solid waste facilities are not
9-9 located disproportionately in low-income, minority, or other
9-10 communities and ensuring that the adverse effects of solid waste
9-11 facilities on the communities in which they are located are
9-12 minimized.
9-13 (6) Strike page 4, line 14, through page 7, line 7.
9-14 (7) On page 7, line 8, strike "7" and substitute "6".
9-15 (8) On page 7, strike line 12 and substitute: "operation of
9-16 a facility in the local area in which other".
9-17 (9) On page 7, strike lines 16-19.
9-18 (10) On page 7, line 20, strike "(2) the combined" and
9-19 substitute "(1) the".
9-20 (11) On page 7, line 22 strike "(3)" and substitute "(2)".
9-21 (12) On page 7, line 24, strike "(4)" and substitute "(3)".
9-22 (13) On page 7, line 25, strike "potential nuisances" and
9-23 substitute "impacts".
9-24 Jackson
9-25 COMMITTEE AMENDMENT NO. 2
9-26 Amend H.B. 2103 as follows:
9-27 (1) On page 8, between lines 9 and 10, insert:
10-1 SECTION 7. Subchapter C, Chapter 361, Health and Safety
10-2 Code, is amended by adding Section 361.0695 to read as follows:
10-3 Sec. 361.0695. PUBLIC MEETING AND NOTICE FOR SOLID WASTE
10-4 FACILITIES. (a) An applicant for a new facility that accepts
10-5 municipal solid wastes shall hold a public meeting in the county in
10-6 which the proposed facility is to be located. The meeting must be
10-7 held before the 45th day after the application is filed.
10-8 (b) The applicant shall publish notice of the public meeting
10-9 at least once each week during the three weeks preceding the
10-10 meeting. The notice must be published in the newspaper of the
10-11 largest general circulation that is published in the county in
10-12 which the proposed facility is to be located. If a newspaper is
10-13 not published in the county, the notice must be published in a
10-14 newspaper of general circulation in the county.
10-15 (c) The applicant shall present to the commission an
10-16 affidavit certifying that the notice was published as required by
10-17 Subsection (b). The commission's acceptance of the affidavit
10-18 raises a presumption that the applicant has complied with
10-19 Subsection (b).
10-20 (d) The published notice may not be smaller than 96.8 square
10-21 centimeters or 15 square inches with the shortest dimension not
10-22 less than 7.5 centimeters or 3 inches. The notice must contain at
10-23 least the following information:
10-24 (1) the permit application number;
10-25 (2) the applicant's name;
10-26 (3) the proposed location of the facility; and
10-27 (4) the location and availability of copies of the
11-1 application.
11-2 (e) The applicant shall pay the cost of the notice required
11-3 under this section. The commission by rule may establish a
11-4 procedure for payment of those costs.
11-5 (f) The meeting shall include a discussion of:
11-6 (1) the compatibility of the proposed facility with
11-7 relevant state or regional solid waste management plans;
11-8 (2) other sites considered for the proposed facility
11-9 and the process for selecting the site identified in the
11-10 application;
11-11 (3) potential benefits to the local community of
11-12 constructing the proposed facility including:
11-13 (A) employment opportunities and related job
11-14 training to ensure that residents of the host community can compete
11-15 for skilled and semiskilled employment at the facility;
11-16 (B) contributions by the facility to the
11-17 community infrastructure including road maintenance, park
11-18 development, and litter control;
11-19 (C) fair and reasonable compensation to owners
11-20 of real property less than 2,640 feet from the facility for any
11-21 decrease in the assessed value of the property attributable to the
11-22 siting of the facility.
11-23 (4) effects the facility may have on local residents,
11-24 places of worship, schools, day care centers, or surface water
11-25 bodies used to supply public drinking water; and
11-26 (g) The applicant shall mail to the commission a report of
11-27 the proceedings of the meeting, including summaries of the
12-1 information discussed and input received at the meeting. The
12-2 report must be postmarked not later than the 30th day after the
12-3 date the meeting concludes.
12-4 Jackson