By: Lindsay S.B. No. 1393 A BILL TO BE ENTITLED AN ACT 1-1 relating to the restriction of the siting of and the prohibition of 1-2 issuing permits for certain municipal solid waste facilities. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subchapter C, Chapter 361, Health and Safety 1-5 Code, is amended by adding Section 361.1025 to read as follows: 1-6 Sec. 361.1025. PROHIBITION ON PERMIT FOR MUNICIPAL SOLID 1-7 WASTE FACILITY WITHIN CERTAIN DISTANCE OF RESIDENCE, PLACE OF 1-8 WORSHIP, SCHOOL, DAY-CARE CENTER, DRINKING WATER SUPPLY, OR PARK. 1-9 (a) The commission by rule shall prohibit the issuance of a permit 1-10 for a new municipal solid waste facility or the areal expansion of 1-11 an existing municipal solid waste facility if the boundary of the 1-12 landfill is to be located within 1,000 feet of an established 1-13 residence, place of worship, school, day-care center, surface water 1-14 body used for a public drinking water supply, or dedicated public 1-15 park, unless a site-specific, risk-based evaluation indicates 1-16 otherwise. 1-17 (b) The measurement of distance shall be taken toward an 1-18 established residence, place of worship, school, day-care center, 1-19 surface water body used for a public drinking water supply, or 1-20 dedicated park that is in use when the notice of intent to file a 1-21 permit application is filed with the commission or, if no notice of 1-22 intent is filed, when the permit application is filed with the 1-23 commission. The restrictions imposed by Subsection (a) do not 2-1 apply to a residence, place of worship, school, day-care center, 2-2 surface water body used for a public drinking water supply, or 2-3 dedicated park located inside the boundaries of a solid waste 2-4 management facility or property owned by the permit applicant. 2-5 SECTION 2. Subsection (a), Section 361.020, Health and 2-6 Safety Code, is amended to read as follows: 2-7 (a) The commission shall develop a strategic state solid 2-8 waste plan for all solid waste under its jurisdiction. The 2-9 commission shall develop a strategic plan for the reduction of 2-10 solid waste. The strategic plan shall include provisions to: 2-11 (1) restrict the siting of solid waste facilities so 2-12 as to minimize the concentration of those facilities in any 2-13 residential community; and 2-14 (2) require the consideration of the cumulative effect 2-15 the presence of multiple sources of pollution and other nuisances 2-16 may have on the community surrounding a solid waste facility. 2-17 SECTION 3. This Act takes effect September 1, 1997, and 2-18 applies only to an application for a permit that is filed with the 2-19 Texas Natural Resource Conservation Commission on or after that 2-20 date. 2-21 SECTION 4. The importance of this legislation and the 2-22 crowded condition of the calendars in both houses create an 2-23 emergency and an imperative public necessity that the 2-24 constitutional rule requiring bills to be read on three several 2-25 days in each house be suspended, and this rule is hereby suspended.