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.
2-53 * * * * *