By Chavez H.B. No. 2106
76R8010 MXM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to Texas' recognition of the La Paz Agreement between the
1-3 United States and Mexico regarding environmental issues in border
1-4 areas and related requirements for the location of certain sites
1-5 for waste disposal in border areas.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 ARTICLE 1. RECOGNITION OF LA PAZ AGREEMENT
1-8 SECTION 1.01. POLICY. It is this state's policy to
1-9 recognize that cooperation between the United States and Mexico is
1-10 essential to the development of this state. Texas further
1-11 recognizes that areas in Texas that border Mexico, as identified by
1-12 international treaties between Mexico and the United States, should
1-13 be kept clear of pollution, hazardous waste, and radioactive waste.
1-14 SECTION 1.02. IMPORTANCE OF TREATY; TEXT OF TREATY. Texas
1-15 recognizes the importance of the La Paz Agreement between the
1-16 United States and Mexico. "La Paz Agreement" means the Agreement
1-17 Between the United States of America and the United Mexican States
1-18 on Cooperation for the Protection and Improvement of the
1-19 Environment in the Border Area, August 14, 1983, U.S.-Mexico,
1-20 T.I.A.S. No. 10,827. The treaty reads as follows:
1-21 AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE
1-22 UNITED MEXICAN STATES ON COOPERATION FOR THE PROTECTION
1-23 AND IMPROVEMENT OF THE ENVIRONMENT IN THE BORDER AREA
1-24 The United States of America and the United Mexican States,
2-1 RECOGNIZING the importance of a healthful environment to the
2-2 long-term economic and social well-being of present and future
2-3 generations of each country as well as of the global community;
2-4 RECALLING that the Declaration of the United Nations
2-5 Conference on the Human Environment, proclaimed in Stockholm in
2-6 1972, called upon nations to collaborate to resolve environmental
2-7 problems of common concern;
2-8 NOTING previous agreements and programs providing for
2-9 environmental cooperation between the two countries;
2-10 BELIEVING that such cooperation is of mutual benefit in
2-11 coping with similar environmental problems in each country;
2-12 ACKNOWLEDGING the important work of the International
2-13 Boundary and Water Commission and the contribution of the
2-14 agreements concluded between the two countries relating to
2-15 environmental affairs;
2-16 REAFFIRMING their political will to further strengthen and
2-17 demonstrate the importance attached by both Governments to
2-18 cooperation on environmental protection and in furtherance of the
2-19 principle of good neighborliness;
2-20 Have agreed as follows:
2-21 ARTICLE 1
2-22 The United States of America and the United Mexican States,
2-23 hereinafter referred to as the Parties, agree to cooperate in the
2-24 field of environmental protection in the border area on the basis
2-25 of equality, reciprocity and mutual benefit. The objectives of the
2-26 present Agreement are to establish the basis for cooperation
2-27 between the Parties for the protection, improvement and
3-1 conservation of the environment and the problems which affect it,
3-2 as well as to agree on necessary measures to prevent and control
3-3 pollution in the border area, and to provide the framework for
3-4 development of a system of notification for emergency situations.
3-5 Such objectives shall be pursued without prejudice to the
3-6 cooperation which the Parties may agree to undertake outside the
3-7 border area.
3-8 ARTICLE 2
3-9 The Parties undertake, to the fullest extent practical, to
3-10 adopt the appropriate measures to prevent, reduce and eliminate
3-11 sources of pollution in their respective territory which affect the
3-12 border area of the other.
3-13 Additionally, the Parties shall cooperate in the solution of
3-14 the environmental problems of mutual concern in the border area, in
3-15 accordance with the provisions of this Agreement.
3-16 ARTICLE 3
3-17 Pursuant to this Agreement, the Parties may conclude specific
3-18 arrangements for the solution of common problems in the border
3-19 area, which may be annexed thereto. Similarly, the Parties may
3-20 also agree upon annexes to this Agreement on technical matters.
3-21 ARTICLE 4
3-22 For the purposes of this Agreement, it shall be understood
3-23 that the "border area" refers to the area situated 100 kilometers
3-24 on either side of the inland and maritime boundaries between the
3-25 Parties.
3-26 ARTICLE 5
3-27 The Parties agree to coordinate their efforts, in conformity
4-1 with their own national legislation and existing bilateral
4-2 agreements to address problems of air, land and water pollution in
4-3 the border area.
4-4 ARTICLE 6
4-5 To implement this Agreement, the Parties shall consider and,
4-6 as appropriate, pursue in a coordinated manner practical, legal,
4-7 institutional and technical measures for protecting the quality of
4-8 the environment in the border area. Forms of cooperation may
4-9 include: coordination of national programs; scientific and
4-10 educational exchanges; environmental monitoring; environmental
4-11 impact assessment; and periodic exchanges of information and data
4-12 on likely sources of pollution in their respective territory which
4-13 may produce environmentally polluting incidents, as defined in an
4-14 annex to this Agreement.
4-15 ARTICLE 7
4-16 The Parties shall assess, as appropriate, in accordance with
4-17 their respective national laws, regulations and policies, projects
4-18 that may have significant impacts on the environment of the border
4-19 area, so that appropriate measures may be considered to avoid or
4-20 mitigate adverse environmental effects.
4-21 ARTICLE 8
4-22 Each Party designates a national coordinator whose principal
4-23 functions will be to coordinate and monitor implementation of this
4-24 Agreement, make recommendations to the Parties, and organize the
4-25 annual meetings referred to in Article 10, and the meetings of the
4-26 experts referred to in Article 11. Additional responsibilities of
4-27 the national coordinators may be agreed to in an annex to this
5-1 Agreement.
5-2 In the case of the United States of America the national
5-3 coordinator shall be the Environmental Protection Agency, and in
5-4 the case of Mexico it shall be the Secretaria de Desarrollo Urbano
5-5 y Ecologia, through the Subsecretaria de Ecologia.
5-6 ARTICLE 9
5-7 Taking into account the subjects to be examined jointly, the
5-8 national coordinators may invite, as appropriate, representatives
5-9 of federal, state and municipal governments to participate in the
5-10 meetings provided for in this Agreement. By mutual agreement they
5-11 may also invite representatives of international governmental or
5-12 non-governmental organizations who may be able to contribute some
5-13 element of expertise on problems to be solved.
5-14 The national coordinators will determine by mutual agreement
5-15 the form and manner of participation of non-governmental entities.
5-16 ARTICLE 10
5-17 The Parties shall hold at a minimum an annual high level
5-18 meeting to review the manner in which this Agreement is being
5-19 implemented. These meetings shall take place alternately in the
5-20 border area of Mexico and the United States of America.
5-21 The composition of the delegations which represent each
5-22 Party, both in these annual meetings as well as in the meetings of
5-23 experts referred to in Article 11, will be communicated to the
5-24 other Party through diplomatic channels.
5-25 ARTICLE 11
5-26 The Parties may, as they deem necessary, convoke meetings of
5-27 experts for the purposes of coordinating their national programs
6-1 referred to in Article 6, and of preparing the drafts of the
6-2 specific arrangements and technical annexes referred to in Article
6-3 3.
6-4 These meetings of experts may review technical subjects. The
6-5 opinions of the experts in such meetings shall be communicated by
6-6 them to the national coordinators, and will serve to advise the
6-7 Parties on technical matters.
6-8 ARTICLE 12
6-9 Each Party shall ensure that its national coordinator is
6-10 informed of activities of its cooperating agencies carried out
6-11 under this Agreement. Each Party shall also ensure that its
6-12 national coordinator is informed of the implementation of other
6-13 agreements concluded between the two Governments concerning matters
6-14 related to this Agreement. The national coordinators of both
6-15 Parties will present to the annual meetings a report on the
6-16 environmental aspects of all joint work conducted under this
6-17 Agreement and on implementation of other relevant agreements
6-18 between the Parties, both bilateral and multilateral.
6-19 Nothing in this Agreement shall prejudice or otherwise affect
6-20 the functions entrusted to the International Boundary and Water
6-21 Commission, in accordance with the Water Treaty of 1944.
6-22 ARTICLE 13
6-23 Each Party shall be responsible for informing its border
6-24 states and for consulting them in accordance with their respective
6-25 constitutional systems, in relation to matters covered by this
6-26 Agreement.
6-27 ARTICLE 14
7-1 Unless otherwise agreed, each Party shall bear the cost of
7-2 its participation in the implementation of this Agreement,
7-3 including the expenses of personnel who participate in any activity
7-4 undertaken on the basis of it.
7-5 For the training of personnel, the transfer of equipment and
7-6 the construction of installations related to the implementation of
7-7 this Agreement, the Parties may agree on a special modality of
7-8 financing, taking into account the objectives defined in this
7-9 Agreement.
7-10 ARTICLE 15
7-11 The Parties shall facilitate the entry of equipment and
7-12 personnel related to this Agreement, subject to the laws and
7-13 regulations of the receiving country.
7-14 In order to undertake the monitoring of polluting activities
7-15 in the border area, the Parties shall undertake consultations
7-16 relating to the measurement and analysis of polluting elements in
7-17 the border area.
7-18 ARTICLE 16
7-19 All technical information obtained through the implementation
7-20 of this Agreement will be available to both Parties. Such
7-21 information may be made available to third parties by the mutual
7-22 agreement of the Parties to this Agreement.
7-23 ARTICLE 17
7-24 Nothing in this Agreement shall be construed to prejudice
7-25 other existing or future agreements concluded between the two
7-26 Parties, or affect the rights and obligations of the Parties under
7-27 international agreements to which they are a party.
8-1 ARTICLE 18
8-2 Activities under this Agreement shall be subject to the
8-3 availability of funds and other resources to each Party and to the
8-4 applicable laws and regulations in each country.
8-5 ARTICLE 19
8-6 The present Agreement shall enter into force upon an exchange
8-7 of Notes stating that each Party has completed its necessary
8-8 internal procedures.
8-9 ARTICLE 20
8-10 The present Agreement shall remain in force indefinitely
8-11 unless one of the Parties notifies the other, through diplomatic
8-12 channels, of its desire to denounce it, in which case the Agreement
8-13 will terminate six months after the date of such written
8-14 notification. Unless otherwise agreed, such termination shall not
8-15 affect the validity of any arrangements made under this Agreement.
8-16 ARTICLE 21
8-17 This Agreement may be amended by the agreement of the
8-18 Parties.
8-19 ARTICLE 22
8-20 The adoption of the annexes and of the specific arrangements
8-21 provided for in Article 3, and the amendments thereto, will be
8-22 effected by an exchange of Notes.
8-23 ARTICLE 23
8-24 This Agreement supersedes the exchange of Notes, concluded on
8-25 June 19, 1978 with the attached Memorandum of Understanding between
8-26 the Environmental Protection Agency of the United States and the
8-27 Subsecretariat for Environmental Improvement of Mexico for
9-1 Cooperation on Environmental Programs and Transboundary Problems.
9-2 DONE in duplicate, in the city of La Paz, Baja California,
9-3 Mexico, on the 14th of August of 1983, in the English and Spanish
9-4 languages, both texts being equally authentic.
9-5 ARTICLE 2. SITE SELECTION IN BORDER AREAS
9-6 SECTION 2.01. Subchapter C, Chapter 361, Health and Safety
9-7 Code, is amended by adding Section 361.1025 to read as follows:
9-8 Sec. 361.1025. PROHIBITION ON PERMIT FOR FACILITY IN BORDER
9-9 AREA. (a) The commission by rule shall prohibit the issuance of a
9-10 permit for a new hazardous waste management facility or unit or a
9-11 new hazardous industrial solid waste facility if the boundary of
9-12 the facility or unit is to be located within 100 kilometers of the
9-13 border between this state and Mexico. A site is located within 100
9-14 kilometers of the border if any point on the site's boundary is
9-15 closer than 100 kilometers to any point on the border.
9-16 (b) The distance required by Subsection (a) shall be
9-17 measured from the border between this state and Mexico as it
9-18 existed on the date the notice of intent to file a permit
9-19 application was filed with the commission or, if no notice of
9-20 intent was filed, the date the permit application was filed with
9-21 the commission.
9-22 SECTION 2.02. Section 401.111, Health and Safety Code, is
9-23 amended by amending Subsection (b) and adding Subsection (c) to
9-24 read as follows:
9-25 (b) The board and commission each, in adopting rules for the
9-26 issuance of licenses under their respective jurisdictions for new
9-27 sites for processing or disposal of radioactive waste from other
10-1 persons, shall designate as unsuitable any site that is to be
10-2 located within 100 kilometers of the border between this state and
10-3 Mexico. A site is located within 100 kilometers of the border if
10-4 any point on the site's boundary is closer than 100 kilometers to
10-5 any point on the border.
10-6 (c) The board and commission each shall consult with the
10-7 State Soil and Water Conservation Board, the Bureau of Economic
10-8 Geology, and other appropriate state agencies in developing
10-9 proposed rules. The board and commission each by rule shall:
10-10 (1) require selection of sites in areas in which
10-11 natural conditions minimize potential contamination of surface
10-12 water and groundwater; and
10-13 (2) prohibit issuance of licenses for unsuitable sites
10-14 as defined by the rules.
10-15 SECTION 2.03. Section 402.082, Health and Safety Code, is
10-16 amended to read as follows:
10-17 Sec. 402.082. STUDY CRITERIA. (a) Studies required under
10-18 Section 402.081 must consider:
10-19 (1) the volume of low-level waste generated by type
10-20 and source categories for the expected life of the disposal site,
10-21 including waste that may be generated from the decommissioning of
10-22 nuclear power plants located in this state;
10-23 (2) geology;
10-24 (3) topography;
10-25 (4) transportation and access;
10-26 (5) meteorology;
10-27 (6) population density;
11-1 (7) surface and subsurface hydrology;
11-2 (8) flora and fauna;
11-3 (9) current land use;
11-4 (10) criteria established by the commission for
11-5 disposal site selection;
11-6 (11) the proximity of the disposal site to sources of
11-7 low-level waste, including related transportation costs, to the
11-8 extent that the proximity and transportation costs do not interfere
11-9 with selection of a suitable disposal site for protecting public
11-10 health and the environment;
11-11 (12) other disposal site characteristics that may need
11-12 study on a preliminary basis and for which detailed study would be
11-13 required to prepare an application or license required for disposal
11-14 site operation; [and]
11-15 (13) alternative management techniques, including
11-16 aboveground isolation facilities, waste processing and reduction at
11-17 the site of waste generation and at an authority management site,
11-18 and waste recycling; and
11-19 (14) compliance with the La Paz Agreement.
11-20 (b) For purposes of this section, "La Paz Agreement" means
11-21 the Agreement Between the United States of America and the United
11-22 Mexican States on Cooperation for the Protection and Improvement of
11-23 the Environment in the Border Area, August 14, 1983, U.S.-Mexico,
11-24 T.I.A.S. No. 10,827.
11-25 ARTICLE 3. TRANSITION; EMERGENCY
11-26 SECTION 3.01. The changes in law made by Article 2 of this
11-27 Act apply to an application for the issuance of a permit for a new
12-1 hazardous waste management facility or unit or a new hazardous
12-2 industrial solid waste facility that is pending before the Texas
12-3 Natural Resource Conservation Commission on the effective date of
12-4 this Act or that is filed with the commission on or after that
12-5 date.
12-6 SECTION 3.02. The importance of this legislation and the
12-7 crowded condition of the calendars in both houses create an
12-8 emergency and an imperative public necessity that the
12-9 constitutional rule requiring bills to be read on three several
12-10 days in each house be suspended, and this rule is hereby suspended,
12-11 and that this Act take effect and be in force from and after its
12-12 passage, and it is so enacted.