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.