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.