By McClendon H.B. No. 44
77R298 SMH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the siting of solid waste facilities, the Texas Natural
1-3 Resource Conservation Commission's consideration of cumulative
1-4 risks in certain administrative proceedings, and notice of an
1-5 application for a municipal solid waste facility.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 361.002, Health and Safety Code, is
1-8 amended by adding Subsection (c) to read as follows:
1-9 (c) It is the state's policy to ensure that new solid waste
1-10 facilities are not located disproportionately in low-income,
1-11 minority, or other communities and that the adverse effects of
1-12 solid waste facilities on the communities in which they are located
1-13 are minimized, while ensuring that the state has adequate solid
1-14 waste management capacity.
1-15 SECTION 2. Section 361.020(a), Health and Safety Code, is
1-16 amended to read as follows:
1-17 (a) The commission shall develop a strategic state solid
1-18 waste plan for all solid waste under its jurisdiction. The
1-19 commission shall develop a strategic plan for the reduction of
1-20 solid waste. The strategic plan shall include provisions to:
1-21 (1) ensure that new solid waste facilities are not
1-22 located disproportionately in low-income, minority, or other
1-23 communities to minimize the adverse effects of solid waste
1-24 facilities on those communities; and
2-1 (2) require the consideration of the effect the
2-2 presence of multiple sources of pollution and other nuisances may
2-3 have on the community surrounding a solid waste facility.
2-4 SECTION 3. Section 361.0201(b), Health and Safety Code, is
2-5 amended to read as follows:
2-6 (b) The plan shall:
2-7 (1) describe the capacity in the state to manage
2-8 municipal waste through existing treatment or disposal facilities
2-9 and identify all existing municipal solid waste management
2-10 facilities in the state, their capacity, and their projected
2-11 remaining useful life; [and]
2-12 (2) analyze the state's capacity requirements over the
2-13 planning periods specified in Section 361.020(c); and
2-14 (3) assess historical trends regarding the siting of
2-15 solid waste facilities in low-income, minority, and other
2-16 communities.
2-17 SECTION 4. Section 361.0216, Health and Safety Code, is
2-18 amended to read as follows:
2-19 Sec. 361.0216. OFFICE OF POLLUTION PREVENTION. The office
2-20 of pollution prevention is created in the executive office of the
2-21 commission to direct and coordinate all source reduction, [and]
2-22 waste minimization, and environmental justice activities of the
2-23 commission.
2-24 SECTION 5. Subchapter B, Chapter 361, Health and Safety
2-25 Code, is amended by adding Section 361.034 to read as follows:
2-26 Sec. 361.034. REPORT. The commission shall submit a report
2-27 not later than December 1 of each even-numbered year as required by
3-1 Section 5.178(b), Water Code, that includes an evaluation of the
3-2 implementation of the state's policy of ensuring that:
3-3 (1) new solid waste facilities are not located
3-4 disproportionately in low-income, minority, or other communities;
3-5 and
3-6 (2) the adverse effects of solid waste facilities on
3-7 the communities in which they are located are minimized.
3-8 SECTION 6. Subchapter C, Chapter 361, Health and Safety
3-9 Code, is amended by adding Section 361.070 to read as follows:
3-10 Sec. 361.070. PUBLIC MEETING AND NOTICE FOR SOLID WASTE
3-11 FACILITIES. (a) An applicant for a new facility that accepts
3-12 municipal solid wastes shall hold a public meeting in the county in
3-13 which the proposed facility is to be located. The meeting must be
3-14 held before the 45th day after the date the application is filed.
3-15 (b) The applicant shall publish notice of the public meeting
3-16 at least once each week during the three weeks preceding the
3-17 meeting. The notice must be published in the newspaper of the
3-18 largest general circulation that is published in the county in
3-19 which the proposed facility is to be located. If a newspaper is
3-20 not published in the county, the notice must be published in a
3-21 newspaper of general circulation in the county.
3-22 (c) The applicant shall present to the commission an
3-23 affidavit certifying that the notice was published as required by
3-24 Subsection (b). The commission's acceptance of the affidavit
3-25 raises a presumption that the applicant has complied with
3-26 Subsection (b).
3-27 (d) The published notice may not be smaller than 96.8 square
4-1 centimeters or 15 square inches with the shortest dimension not
4-2 less than 7.5 centimeters or 3 inches. The notice must contain at
4-3 least the following information:
4-4 (1) the permit application number;
4-5 (2) the applicant's name;
4-6 (3) the proposed location of the facility; and
4-7 (4) the location and availability of copies of the
4-8 application.
4-9 (e) The applicant shall pay the cost of the notice required
4-10 under this section. The commission by rule may establish a
4-11 procedure for payment of those costs.
4-12 (f) The meeting shall include a discussion of:
4-13 (1) the compatibility of the proposed facility with
4-14 relevant state or regional solid waste management plans;
4-15 (2) other sites considered for the proposed facility
4-16 and the process for selecting the site identified in the
4-17 application;
4-18 (3) potential benefits to the local community of
4-19 constructing the proposed facility, including:
4-20 (A) employment opportunities and related job
4-21 training to ensure that residents of the host community can compete
4-22 for skilled and semiskilled employment at the facility;
4-23 (B) contributions by the facility to the
4-24 community infrastructure, including road maintenance, park
4-25 development, and litter control; and
4-26 (C) fair and reasonable compensation to owners
4-27 of real property less than 2,640 feet from the facility for any
5-1 decrease in the assessed value of the property attributable to the
5-2 siting of the facility; and
5-3 (4) effects the facility may have on local residents,
5-4 places of worship, schools, day-care centers, or surface water
5-5 bodies used to supply public drinking water.
5-6 (g) The applicant shall mail to the commission a report of
5-7 the proceedings of the meeting, including summaries of the
5-8 information discussed and input received at the meeting. The
5-9 report must be postmarked not later than the 30th day after the
5-10 date the meeting concludes.
5-11 SECTION 7. Subchapter D, Chapter 5, Water Code, is amended
5-12 by adding Section 5.127 to read as follows:
5-13 Sec. 5.127. CONSIDERATION OF CUMULATIVE RISKS. (a) In an
5-14 administrative proceeding involving the siting, expansion, or
5-15 operation of a facility in the local area in which other facilities
5-16 are located, an affected party may offer, and the commission shall
5-17 consider, evidence relating to cumulative risks, including:
5-18 (1) the effect of releases, emissions, or discharges
5-19 from the facility and from other facilities in the area;
5-20 (2) the potential for exposure to a particular
5-21 substance by means of multiple pathways; and
5-22 (3) the combined level of noise, odor, and other
5-23 impacts from the facility and other facilities in the area.
5-24 (b) The commission shall:
5-25 (1) develop and implement policies to protect the
5-26 public from cumulative risks, particularly in:
5-27 (A) low-income or minority communities; and
6-1 (B) communities in which permitted facilities
6-2 are concentrated; and
6-3 (2) give priority to monitoring and enforcement in
6-4 areas in which permitted facilities are concentrated.
6-5 (c) The commission shall adopt rules as necessary to
6-6 accomplish the purposes of this section.
6-7 SECTION 8. Section 5.178(b), Water Code, is amended to read
6-8 as follows:
6-9 (b) The report due by December 1 of an even-numbered year
6-10 shall include, in addition:
6-11 (1) the commission's recommendations for necessary and
6-12 desirable legislation; and
6-13 (2) the following reports:
6-14 (A) the assessments and reports required by
6-15 Sections 361.0219(c), 361.0232, 361.034, [361.485,] 361.510,
6-16 371.063, and 382.141, Health and Safety Code; and
6-17 (B) the reports required by Section 26.0135(d)
6-18 of this code and Section 5.02, Chapter 133, Acts of the 69th
6-19 Legislature, Regular Session, 1985.
6-20 SECTION 9. This Act takes effect September 1, 2001.