1-1 By: Lindsay S.B. No. 1393 1-2 (In the Senate - Filed March 13, 1997; March 19, 1997, read 1-3 first time and referred to Committee on Natural Resources; 1-4 April 21, 1997, reported favorably, as amended, by the following 1-5 vote: Yeas 6, Nays 0; April 21, 1997, sent to printer.) 1-6 COMMITTEE AMENDMENT NO. 1 By: Lindsay 1-7 Amend S.B. No. 1393 by inserting the following after park on line 1-8 1, page 29: 1-9 ", unless a site-specific, risk-based evaluation indicates 1-10 otherwise" 1-11 A BILL TO BE ENTITLED 1-12 AN ACT 1-13 relating to the prohibition of issuing a permit for a municipal 1-14 solid waste facility within a certain distance of a residence, 1-15 place of worship, school, day-care center, drinking water supply, 1-16 or park. 1-17 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-18 SECTION 1. Subchapter C, Chapter 361, Health and Safety 1-19 Code, is amended by adding Section 361.1025 to read as follows: 1-20 Sec. 361.1025. PROHIBITION ON PERMIT FOR MUNICIPAL SOLID 1-21 WASTE FACILITY WITHIN CERTAIN DISTANCE OF RESIDENCE, PLACE OF 1-22 WORSHIP, SCHOOL, DAY-CARE CENTER, DRINKING WATER SUPPLY, OR PARK. 1-23 (a) The commission by rule shall prohibit the issuance of a permit 1-24 for a new municipal solid waste facility or the areal expansion of 1-25 an existing municipal solid waste facility if the boundary of the 1-26 landfill is to be located within 1,000 feet of an established 1-27 residence, place of worship, school, day-care center, surface water 1-28 body used for a public drinking water supply, or dedicated public 1-29 park. 1-30 (b) The measurement of distance shall be taken toward an 1-31 established residence, place of worship, school, day-care center, 1-32 surface water body used for a public drinking water supply, or 1-33 dedicated park that is in use when the notice of intent to file a 1-34 permit application is filed with the commission or, if no notice of 1-35 intent is filed, when the permit application is filed with the 1-36 commission. The restrictions imposed by Subsection (a) do not 1-37 apply to a residence, place of worship, school, day-care center, 1-38 surface water body used for a public drinking water supply, or 1-39 dedicated park located inside the boundaries of a solid waste 1-40 management facility or property owned by the permit applicant. 1-41 SECTION 2. This Act takes effect September 1, 1997, and 1-42 applies only to an application for a permit that is filed with the 1-43 Texas Natural Resource Conservation Commission on or after that 1-44 date. 1-45 SECTION 3. The importance of this legislation and the 1-46 crowded condition of the calendars in both houses create an 1-47 emergency and an imperative public necessity that the 1-48 constitutional rule requiring bills to be read on three several 1-49 days in each house be suspended, and this rule is hereby suspended. 1-50 * * * * *