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.