By Ellis S.B. No. 1597
75R6498 MI-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to restrictions on the siting of solid waste facilities.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 361.002, Health and Safety Code, is
1-5 amended by adding Subsection (c) to read as follows:
1-6 (c) It is this state's policy to restrict the siting of
1-7 solid waste facilities so that those facilities are not located
1-8 disproportionately in low-income, minority, or other communities
1-9 and the adverse effects of those facilities on the communities in
1-10 which they are located will be minimized, while ensuring that this
1-11 state has adequate solid waste management capacity.
1-12 SECTION 2. Section 361.020(a), Health and Safety Code, is
1-13 amended to read as follows:
1-14 (a) The commission shall develop a strategic state solid
1-15 waste plan for all solid waste under its jurisdiction. The
1-16 commission shall develop a strategic plan for the reduction of
1-17 solid waste. The strategic plan shall include provisions to:
1-18 (1) restrict the siting of solid waste facilities so
1-19 as to minimize the adverse effects of those facilities on
1-20 low-income, minority, and other communities; and
1-21 (2) require the consideration of the cumulative effect
1-22 the presence of multiple sources of pollution and other nuisances
1-23 may have on the community surrounding a solid waste facility.
1-24 SECTION 3. Section 361.0201(b), Health and Safety Code, is
2-1 amended to read as follows:
2-2 (b) The plan shall:
2-3 (1) describe the capacity in the state to manage
2-4 municipal waste through existing treatment or disposal facilities
2-5 and identify all existing municipal solid waste management
2-6 facilities in the state, their capacity, and their projected
2-7 remaining useful life; [and]
2-8 (2) analyze the state's capacity requirements over the
2-9 planning periods specified in Section 361.020(c); and
2-10 (3) assess historical trends regarding the siting of
2-11 solid waste facilities in low-income, minority, and other
2-12 communities and include provisions to restrict the siting of those
2-13 facilities so as to minimize their adverse effects on those
2-14 communities.
2-15 SECTION 4. Section 361.0216, Health and Safety Code, is
2-16 amended to read as follows:
2-17 Sec. 361.0216. OFFICE OF POLLUTION PREVENTION. The office
2-18 of pollution prevention is created in the executive office of the
2-19 commission to direct and coordinate all source reduction, [and]
2-20 waste minimization, and environmental justice activities of the
2-21 commission.
2-22 SECTION 5. Section 361.034(a), Health and Safety Code, is
2-23 amended to read as follows:
2-24 (a) The commission shall submit a report to the presiding
2-25 officers of the legislature and the governor not later than January
2-26 1 of each odd-numbered year. The report must include:
2-27 (1) a summary of a performance report of the imposed
3-1 industrial solid waste and hazardous waste fees authorized under
3-2 Subchapter D and related activities to determine the
3-3 appropriateness of the fee structures;
3-4 (2) an evaluation of progress made in accomplishing
3-5 the state's public policy concerning the preference of waste
3-6 management methods under Section 361.023;
3-7 (3) projections of the volume of waste by type of
3-8 waste, disposition of waste, and remaining capacity or capacity
3-9 used for the treatment and disposal of the waste;
3-10 (4) projections of the availability of adequate
3-11 capacity in this state for the management of all types of hazardous
3-12 waste generated within the state and a report of the amounts,
3-13 types, and sources of hazardous waste imported into and exported
3-14 from the state in the previous year;
3-15 (5) an evaluation of the progress made and activities
3-16 engaged in consistent with the state's municipal solid waste
3-17 management plan, in particular the progress toward meeting the
3-18 waste reduction goal established by Section 361.0201(d);
3-19 (6) an evaluation of the progress made by local
3-20 governments under the solid waste management plans;
3-21 (7) the status of state procurement under Section
3-22 361.426 of products made of recycled materials or that are
3-23 reusable, including documentation of any decision not to purchase
3-24 those products;
3-25 (8) the status of the governmental entity recycling
3-26 program established under Section 361.425, including the status of
3-27 collection and storage procedures and program evaluations required
4-1 by that section;
4-2 (9) the status of the public education program
4-3 described in Section 361.0202; [and]
4-4 (10) recommendations to the governor and to the
4-5 legislature for improving the management of municipal solid waste
4-6 in the state; and
4-7 (11) an evaluation of the progress made in
4-8 accomplishing the state's policy of restricting the siting of solid
4-9 waste facilities so as to minimize the adverse effects of those
4-10 facilities on low-income, minority, and other communities.
4-11 SECTION 6. Section 361.102, Health and Safety Code, is
4-12 amended to read as follows:
4-13 Sec. 361.102. PROHIBITION ON SITING OF [PERMIT FOR HAZARDOUS
4-14 WASTE MANAGEMENT] FACILITIES WITHIN A CERTAIN DISTANCE OF
4-15 RESIDENCE, CHURCH, SCHOOL, DAY CARE CENTER, [PARK, OR] PUBLIC
4-16 DRINKING WATER SUPPLY, OR PARK. (a) The [Except as provided by
4-17 Subsections (b) and (c), the] commission by rule shall prohibit the
4-18 issuance of a permit for a new solid waste [hazardous waste
4-19 landfill or land treatment] facility or the areal expansion of such
4-20 a facility, the siting or areal expansion of a solid waste facility
4-21 that is exempt from the requirement of a permit, or the disposal of
4-22 solid waste if [the boundary of] the facility or disposal site
4-23 [landfill or land treatment facility] is to be located within
4-24 one-half mile [1,000 feet] of an established residence, church,
4-25 school, day care center, surface water body used for a public
4-26 drinking water supply, or dedicated public park.
4-27 (b) [The commission by rule shall prohibit the issuance of a
5-1 permit for a new commercial hazardous waste management facility or
5-2 the subsequent areal expansion of such a facility or unit of that
5-3 facility if the boundary of the unit is to be located within
5-4 one-half of a mile (2,640 feet) of an established residence,
5-5 church, school, day care center, surface water body used for a
5-6 public drinking water supply, or dedicated public park.]
5-7 [(c)] For a subsequent areal expansion of a new solid
5-8 [commercial hazardous] waste [management] facility that was
5-9 required to comply with Subsection (a) [(b)], distances shall be
5-10 measured from a residence, church, school, day care center, surface
5-11 water body used for a public drinking water supply, or dedicated
5-12 public park only if, at the time the distance was certified under
5-13 that subsection:
5-14 (1) the property was being used for that purpose; or
5-15 (2) in the case of a residence, the property was zoned
5-16 residential [such structure, water supply, or park was in place at
5-17 the time the distance was certified for the original permit].
5-18 (c) [(d)] The commission by rule shall prohibit the issuance
5-19 of a permit for a new solid [commercial hazardous] waste
5-20 [management] facility or the areal expansion of such a facility,
5-21 the siting or areal expansion of a solid waste facility that is
5-22 exempt from the requirement of a permit, or the disposal of solid
5-23 waste if the facility or disposal site [that] is [proposed] to be
5-24 located at a distance greater than one-half mile [(2,640 feet)]
5-25 from an established residence, church, school, day care center,
5-26 surface water body used for a public drinking water supply, or
5-27 dedicated park, unless the applicant or the owner or operator of
6-1 the facility or disposal site demonstrates that the facility or
6-2 disposal site will be operated so as to safeguard public health
6-3 and welfare and protect physical property and the environment, at
6-4 any distance beyond the facility's or disposal site's property
6-5 boundaries, consistent with the purposes of this chapter.
6-6 (d) [(e)] The measurement of distances required by
6-7 Subsections (a), (b), and (c)[, and (d)] shall be taken toward the
6-8 property line of an established residence, church, school, day care
6-9 center, surface water body used for a public drinking water supply,
6-10 or dedicated park that is in use when:
6-11 (1) the notice of intent to file a permit application
6-12 is filed with the commission; [or,]
6-13 (2) [if no notice of intent is filed, when] the permit
6-14 application is filed with the commission, if no notice of intent is
6-15 filed; or
6-16 (3) construction of the facility or disposal site
6-17 begins, if a permit is not required.
6-18 (e) The restrictions imposed by Subsections (a), (b), and
6-19 (c)[, and (d)] do not apply to:
6-20 (1) a residence, church, school, day care center,
6-21 surface water body used for a public drinking water supply, or [a]
6-22 dedicated park located within the boundaries of a solid [commercial
6-23 hazardous] waste [management] facility[,] or disposal site; or
6-24 (2) property owned by the owner or operator of the
6-25 facility or disposal site [permit applicant].
6-26 (f) The measurement of distances required by Subsections
6-27 (a), (b), and (c)[, and (d)] shall be taken from a perimeter around
7-1 the proposed solid [hazardous] waste facility or disposal site
7-2 [management unit]. The perimeter shall be not more than 75 feet
7-3 from the edge of the proposed facility or disposal site [hazardous
7-4 waste management unit].
7-5 SECTION 7. The changes in law made by this Act apply only
7-6 to:
7-7 (1) a new solid waste facility, the permit application
7-8 for which is filed with the Texas Natural Resource Conservation
7-9 Commission on or after September 1, 1997;
7-10 (2) the areal expansion of an existing solid waste
7-11 facility, the permit application for which is filed with the
7-12 commission on or after September 1, 1997; or
7-13 (3) the initial siting of a new solid waste facility
7-14 or disposal site that is exempt from permit requirements or the
7-15 areal expansion of an existing exempt solid waste facility or
7-16 disposal site, construction of which begins on or after March 1,
7-17 1998.
7-18 SECTION 8. This Act takes effect September 1, 1997.
7-19 SECTION 9. The importance of this legislation and the
7-20 crowded condition of the calendars in both houses create an
7-21 emergency and an imperative public necessity that the
7-22 constitutional rule requiring bills to be read on three several
7-23 days in each house be suspended, and this rule is hereby suspended.