SRC-ARR C.S.S.B. 486 76(R)BILL ANALYSIS
Senate Research CenterC.S.S.B. 486
By: Brown
Natural Resources
2/24/1999
Committee Report (Substitute)
DIGEST
Currently, Texas law contains provisions which provide for the role local
governments' landfill siting ordinances have in the siting process for
solid waste facilities. The Solid Waste Disposal Act also provides that a
landfill permit applicant has 270 days to submit additional information to
the Texas Natural Resource Conservation Commission (TNRCC) as requested to
make a landfill permit administratively complete. C.S.S.B. 486 clarifies
the power of local governments to use landfill ordinances to restrict the
areas within their jurisdictions where new municipal or industrial
landfills may be sited. This bill limits the application of the local
ordinances to those permit applications filed with TNRCC after the
ordinances become effective. The bill also instructs TNRCC to establish,
by rule, the deadline by which a landfill permit applicant submit the
additional information requested. This bill does not apply to "on-site"
commercial waste facilities.
PURPOSE
As proposed, C.S.S.B. 486 regulates the processing or disposing of solid
waste.
RULEMAKING AUTHORITY
Rulemaking authority is granted to the Texas Natural Resource Conservation
Commission in SECTIONS 1, 3, and 4 (Sections 361.066(c), 363.112(d), and
364.012(f), Health and Safety Code) of this bill
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 361.066, Health and Safety Code, to require an
applicant to submit any portion of an application that the Texas Natural
Resource Conservation Commission (commission) determines is necessary to
make the application administratively complete not later than the deadline
set by the commission under Subsection (c). Requires the commission, by
rule, to establish a deadline for the submission of additional information
or material after the applicant receives notice from the commission that
the information or material is needed to make the application
administratively complete. Deletes text regarding a deadline of the 270th
day after the applicant receives notice.
SECTION 2. Amends Section 361.152, Health and Safety Code, to prohibit the
powers specified by Section 364.011, rather than Sections 364.011 and
364.012, from being exercised.
SECTION 3. Amends Section 363.112, Health and Safety Code, by amending
Subsections (a) and (c), and adding Subsections (d) and (e), to require a
city or municipality to designate an area for the disposal of municipal or
industrial waste, in order to prohibit the processing or disposal of
municipal or industrial solid waste in certain areas of a municipality or
county. Prohibits the governing body of a municipality or county from
prohibiting the processing or disposal of municipal or industrial solid
waste in an area of that municipality for which certain conditions apply.
Prohibits the commission from granting an application for a permit to
process or dispose of municipal or industrial solid waste in an area in
which the processing or disposal of municipal or industrial solid waste is
prohibited by an ordinance or order authorized by Subsection (a), unless
the governing body of the municipality or county violated Subsection (c) in
passing the ordinance or order. Requires the commission, by rule, to
establish procedures for determining whether an application is for the
processing or disposal of municipal or industrial solid waste in an area
for which that processing or disposal is prohibited by an ordinance or
order. Prohibits the powers specified by this section from being exercised
by the governing body of a municipality or county with respect to areas to
which Section 361.090 applies. Deletes the provision that this section does
not apply to municipality or county that has adopted solid waste management
plans approved by the commission under Section 363.063.
SECTION 4. Amends Section 364.012, Health and Safety Code, to prohibit the
commissioners court of the county from prohibiting the processing or
disposal of municipal or industrial solid waste in an area of that county
for which certain conditions apply. Prohibits the commission from granting
an application for a permit to process or dispose of municipal or
industrial solid waste in an area in which the processing or disposal of
municipal or industrial solid waste is prohibited by an ordinance, unless
the county violated Subsection (e) in passing the ordinance. Authorizes the
commission, by rule, to specify the procedures for determining whether an
application is for the processing or disposal of municipal or industrial
solid waste in an area for which that processing or disposal is prohibited
by an ordinance. Prohibits the powers specified by this section from being
exercised by a county with respect to areas to which Section 361.090
applies. Deletes text regarding a requirement which does not apply if the
county has adopted solid waste disposal guidelines approved by the
commission. Makes conforming changes.
SECTION 5. Effective date: September 1, 1999.
Makes application of this Act prospective.
SECTION 6. Emergency clause.
SUMMARY OF COMMITTEE CHANGES
SECTION 4.
Amends Section 364.012(f), Health and Safety Code, to prohibit the
commission from granting an application for a permit to process or dispose
of municipal or industrial solid waste in an area in which the processing
or disposal of municipal or industrial solid waste is prohibited by an
ordinance, rather than order, unless the county violated Subsection (e) in
passing the ordinance, rather than order. Authorizes the commission, by
rule, to specify the procedures for determining whether an application is
for the processing or disposal of municipal or industrial solid waste in an
area for which that processing or disposal is prohibited by an ordinance,
rather than order.
SECTION 5.
Amends Section 5, to provide that the provisions of this Act, as amended
and added by this Act, apply only to an application submitted on or after
the effective date of this Act.