78S20030 JJT-F


By:  Swinford                                                     H.B. No. 13 


A BILL TO BE ENTITLED
AN ACT
relating to certain reports and permits of the Texas Commission on Environmental Quality. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 363.064(a), Health and Safety Code, is amended to read as follows: (a) A regional or local solid waste management plan must: (1) include a description and an assessment of current efforts in the geographic area covered by the plan to minimize production of municipal solid waste, including sludge, and efforts to reuse or recycle waste; (2) identify additional opportunities for waste minimization and waste reuse or recycling; (3) include a description and assessment of existing or proposed community programs for the collection of household hazardous waste; (4) make recommendations for encouraging and achieving a greater degree of waste minimization and waste reuse or recycling in the geographic area covered by the plan; (5) encourage cooperative efforts between local governments in the siting of landfills for the disposal of solid waste; (6) consider the need to transport waste between municipalities, from a municipality to an area in the jurisdiction of a county, or between counties, particularly if a technically suitable site for a landfill does not exist in a particular area; (7) allow a local government to justify the need for a landfill in its jurisdiction to dispose of the solid waste generated in the jurisdiction of another local government that does not have a technically suitable site for a landfill in its jurisdiction; (8) establish recycling rate goals appropriate to the area covered by the plan; (9) recommend composting programs for yard waste and related organic wastes that may include: (A) creation and use of community composting centers; (B) adoption of the "Don't Bag It" program for lawn clippings developed by the Texas Agricultural Extension Service; and (C) development and promotion of education programs on home composting, community composting, and the separation of yard waste for use as mulch; (10) include an inventory of municipal solid waste landfill units, including: (A) landfill units no longer in operation; (B) the exact boundaries of each former landfill unit or, if the exact boundaries are not known, the best approximation of each unit's boundaries; (C) a map showing the approximate boundaries of each former landfill unit, if the exact boundaries are not known; (D) the current owners of the land on which the former landfill units were located; and (E) the current use of the land; (11) assess the need for new waste disposal capacity; and (12) include a public education program[; and [(13) include waste reduction in accordance with the goal established under Section 361.0201(d), to the extent that funds are available]. SECTION 2. The heading to Section 5.178, Water Code, is amended to read as follows: Sec. 5.178. ANNUAL REPORTS; BIENNIAL APPENDICES [APPENDIXES]. SECTION 3. Section 5.178(b), Water Code, is amended to read as follows: (b) The report due by December 1 of an even-numbered year shall include, in addition: (1) the commission's recommendations for necessary and desirable legislation; and (2) the following reports: (A) the assessments and reports required by Section [Sections] 361.0219(c)[, 361.0232, 361.510, 371.063, and 382.141], Health and Safety Code; (B) the reports required by Section 26.0135(d) [of this code] and Section 5.02, Chapter 133, Acts of the 69th Legislature, Regular Session, 1985; and (C) a summary of the analyses and assessments required by Section 5.1773 [of this code]. SECTION 4. (a) Sections 361.020, 361.0201, 361.0232, 361.0233, 361.0234, 361.040(d), 361.0871(c), 361.510, 371.063, 382.141, Health and Safety Code, are repealed. (b) Section 5.178(c), Water Code, is repealed. SECTION 5. (a) It is the policy of this state to be effective and efficient with public funds, to provide for effective and efficient management of natural resources, and to serve the people of Texas by making the government more visible, accessible, coherent, consistent, and accountable to the people of Texas. The legislature finds that the Texas Commission on Environmental Quality's procedures for processing permits is cumbersome, confusing, lengthy, and inefficient for citizens, business, political subdivisions, and the commission. (b) The Texas Commission on Environmental Quality's permitting processes warrant, and the legislature directs, an in-depth evaluation, including the identification of problems, potential options, and solutions. The evaluation must solicit and consider input from all stakeholders, including public hearings and the opportunity for submission of written and oral comments. The solutions identified in the final assessment of the commission's permitting processes must ensure that: (1) all relevant environmental protection standards are maintained at a level that at least equals the current level; (2) the commission's permitting processes are streamlined; (3) the commission's permitting processes are user-friendly to citizens and promote sound economic development; and (4) all stakeholder concerns are considered. (c) A seven-member study committee shall conduct the evaluation and final assessment required by Subsection (b) of this section and submit its findings not later than December 1, 2004, to the governor, the lieutenant governor, the speaker of the house of representatives, the Texas Commission on Environmental Quality, and the chair of the standing committee of each house of the legislature with primary jurisdiction over environmental issues. The study committee shall consist of: (1) three appointees of the lieutenant governor; (2) three appointees of the speaker of the house of representatives; and (3) one public member appointed by the governor. (d) It is the intent of the legislature to effectuate the appropriate solutions through legislation at the earliest opportunity subsequent to receipt of the study committee's final assessment. SECTION 6. This Act takes effect December 1, 2003.