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.