1-1     By:  Barrientos                                       S.B. No. 1447
 1-2           (In the Senate - Filed March 12, 1999; March 15, 1999, read
 1-3     first time and referred to Committee on Natural Resources;
 1-4     April 9, 1999, reported favorably, as amended, by the following
 1-5     vote:  Yeas 4, Nays 0; April 9, 1999, sent to printer.)
 1-6     COMMITTEE AMENDMENT NO. 1                           By:  Barrientos
 1-7     Amend S.B. No. 1447 on page 2, line 31, after "boundaries" add
 1-8     "together with a legal description of the parcel or parcels of land
 1-9     in which the former landfill unit is located"
1-10     COMMITTEE AMENDMENT NO. 2                           By:  Barrientos
1-11     Amend S.B. No. 1447 as follows:
1-12           On page 2, line 16, delete the word "exact"
1-13           On page 2, line 17, after the word "known" add "to be wholly
1-14     on an identifiable tract"
1-15                            A BILL TO BE ENTITLED
1-16                                   AN ACT
1-17     relating to the requirements for identifying former municipal
1-18     landfills and notifying the owners of the overlaying property.
1-19           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-20           SECTION 1.  Section 363.064, Health and Safety Code, is
1-21     amended to read as follows:
1-22           Sec. 363.064.  CONTENTS OF REGIONAL OR LOCAL SOLID WASTE
1-23     MANAGEMENT PLAN.  (a)  A regional or local solid waste management
1-24     plan must:
1-25                 (1)  include a description and an assessment of current
1-26     efforts in the geographic area covered by the plan to minimize
1-27     production of municipal solid waste, including sludge, and efforts
1-28     to reuse or recycle waste;
1-29                 (2)  identify additional opportunities for waste
1-30     minimization and waste reuse or recycling;
1-31                 (3)  include a description and assessment of existing
1-32     or proposed community programs for the collection of household
1-33     hazardous waste;
1-34                 (4)  make recommendations for encouraging and achieving
1-35     a greater degree of waste minimization and waste reuse or recycling
1-36     in the geographic area covered by the plan;
1-37                 (5)  encourage cooperative efforts between local
1-38     governments in the siting of landfills for the disposal of solid
1-39     waste;
1-40                 (6)  consider the need to transport waste between
1-41     municipalities, from a municipality to an area in the jurisdiction
1-42     of a county, or between counties, particularly if a technically
1-43     suitable site for a landfill does not exist in a particular area;
1-44                 (7)  allow a local government to justify the need for a
1-45     landfill in its jurisdiction to dispose of the solid waste
1-46     generated in the jurisdiction of another local government that does
1-47     not have a technically suitable site for a landfill in its
1-48     jurisdiction;
1-49                 (8)  establish recycling rate goals appropriate to the
1-50     area covered by the plan;
1-51                 (9)  recommend composting programs for yard waste and
1-52     related organic wastes that may include:
1-53                       (A)  creation and use of community composting
1-54     centers;
1-55                       (B)  adoption of the "Don't Bag It" program for
1-56     lawn clippings developed by the Texas Agricultural Extension
1-57     Service; and
1-58                       (C)  development and promotion of education
1-59     programs on home composting, community composting, and the
1-60     separation of yard waste for use as mulch;
1-61                 (10)  include an inventory of municipal solid waste
 2-1     landfill units, including:
 2-2                       (A)  landfill units no longer in operation;
 2-3                       (B)  [,] the exact boundaries [location] of each
 2-4     former landfill unit or, if the exact boundaries are not known, the
 2-5     best approximation of each unit's boundaries;
 2-6                       (C)  a map showing the approximate boundaries of
 2-7     each former landfill unit, if the exact boundaries are not known;
 2-8                       (D)  [such units,] the current owners of the land
 2-9     on which the former landfill units were located;[,] and
2-10                       (E)  the current use of the land;
2-11                 (11)  assess the need for new waste disposal capacity;
2-12                 (12)  include a public education program; and
2-13                 (13)  include waste reduction in accordance with the
2-14     goal established under Section 361.0201(d), to the extent that
2-15     funds are available.
2-16           (b)  If the exact boundaries of a municipal solid waste unit
2-17     that is no longer operating are known, the council of governments
2-18     for the area in which the former landfill unit is located [Each
2-19     council of governments] shall notify the owner of land that
2-20     overlays the [overlies a] former landfill [municipal solid waste]
2-21     unit [within the council of government's jurisdiction] of the
2-22     former use of the land and shall notify the county clerk of the
2-23     county or counties in which the former landfill unit is located of
2-24     the former use.  The notice requirements of this subsection do not
2-25     apply if the exact boundaries of a former landfill unit are not
2-26     known.
2-27           (c)  The county clerk shall record on the deed records of
2-28     land formerly used as a municipal solid waste landfill a
2-29     description of the exact boundaries of the former landfill unit,
2-30     or, if the exact boundaries are not known, the best approximation
2-31     of each unit's boundaries [pertinent part of the land], notice of
2-32     its former use, and notice of the restrictions on the development
2-33     or lease of the land imposed by this subchapter.  The county clerk
2-34     shall make the records available for public inspection.
2-35           (d) [(c)]  The municipalities and counties within each
2-36     council of governments shall cooperate fully in compiling the
2-37     inventory of landfill units.
2-38           (e) [(d)]  Each council of governments shall provide a copy
2-39     of the inventory of municipal solid waste landfill units to the
2-40     commission and to the chief planning official of each municipality
2-41     and county in which a unit is located.  The commission and the
2-42     officials shall make the inventory available for public inspection.
2-43           (f) [(e)]  The commission may grant money from fees collected
2-44     under Section 361.013 to a municipality or association of
2-45     municipalities for the purpose of conducting the inventory required
2-46     by this section.
2-47           SECTION 2.  This Act takes effect September 1, 1999.
2-48           SECTION 3.  The importance of this legislation and the
2-49     crowded condition of the calendars in both houses create an
2-50     emergency and an imperative public necessity that the
2-51     constitutional rule requiring bills to be read on three several
2-52     days in each house be suspended, and this rule is hereby suspended.
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