SRC-PNG C.S.S.B. 1306 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1306
By: Brown
Natural Resources
4/1/1999
Committee Report (Substituted)


DIGEST 

Currently, under Texas law, hazardous waste is defined prospectively to
mean any solid waste identified or listed as a hazardous waste by the
administrator of the Environmental Protection Agency under the amended
federal Solid Waste Disposal Act.  Recent court cases in Texas have
challenged the constitutionality of a state law that has the effect of
prospectively adopting, by reference, a federal statutory definition.  This
bill would amend state law to delete the prospective definition of a
hazardous waste as defined by federal law, to be replaced with a functional
definition of hazardous waste derived from the federal criteria for
defining or listing a hazardous waste. 

PURPOSE

As proposed, S.B. 1306 redefines "hazardous waste."

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Natural Resource Conservation
Commission in SECTION 1 (Section 361.003(12)(C), Health and Safety Code) of
this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 361.003(12), Health and Safety Code, to redefine
"hazardous waste" 
as a solid waste, or combination of solid wastes, which because of its
quantity, concentration, or physical, chemical, or infectious
characteristics may cause, or significantly contribute to an increase in
mortality or an increase in serious irreversible, or incapacitating
reversible, illness, pose a substantial threat or potential hazard to human
health or the environment, when improperly treated, stored, transported, or
disposed of, or otherwise managed, and is identified by the Texas Natural
Resource Conservation Commission (TNRCC) as a hazardous waste, by rule.
Requires TNRCC rules implementing this section to be consistent with, and
not more stringent than necessary to maintain state program authorization
under the Resource Conservation and Recovery Act of 1976, as amended (42
U.S.C. Section 6901 et seq.).  Deletes text regarding hazardous waste
identified by the Environmental Protection Agency. 

SECTION 2. Emergency clause.
Effective date: upon passage.


SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 361.003(12), Health and Safety Code, to redefine "hazardous
waste" to include hazardous waste as identified by TNRCC, by rule.
Requires TNRCC rules implementing this section to be consistent with, and
not more stringent than necessary to maintain state program authorization
under the Resource Conservation and Recovery Act of 1976, as amended (42
U.S.C. Section 6901 et seq.).