SRC-TJG H.B. 2554 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 2554
78R11822 JJT-DBy: Smith, Wayne (Williams)
Natural Resources
5/21/2003
Engrossed


DIGEST AND PURPOSE 

The Texas Commission on Environmental Quality (TCEQ) is currently
developing rules regarding nonhazardous industrial solid waste facilities.
H.B. 2554 requires TCEQ to adopt such rules as soon as practicable.  In
addition, H.B. 2554 requires a suspension by TCEQ of the permitting
process for any pending applications for new commercial landfill
facilities that propose tp accept nonhazardous industrial solid waste
until rules are adopted.  The rules, when complete, will apply to all
permits pending on the effective date or filed on or after the effective
date.  TCEQ may allow applicants with pending permits to amend their
applications to conform to the new rules adopted. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Commission on
Environmental Quality in SECTION 1 of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Requires the Texas Commission on Environmental Quality (TCEQ),
as soon as practicable after the effective date of this Act, to adopt
rules governing all aspects of the management and operation of a new
commercial landfill facility that proposes to accept nonhazardous
industrial solid waste for which a permit has not been issued on or before
the effective date of this Act. 
 
SECTION 2.  (a) Requires TCEQ to suspend the permitting process for any
pending application for a permit for a new commercial landfill facility
that proposes to accept nonhazardous industrial solid waste until the
rules adopted under Section 1 of this Act take effect. 
 
(b) Requires TCEQ to provide that the rules adopted under Section 1 of
this Act apply to every application for a permit for a new commercial
landfill facility that proposes to accept nonhazardous industrial solid
waste that is filed on or after the effective date of this Act and every
application for a permit for a new commercial landfill facility that
proposes to accept nonhazardous industrial solid waste that is pending on
the effective date of this Act. 
 
(c) Authorizes TCEQ to allow an applicant who filed such an application
that is pending on the effective date of this Act to amend the application
to conform to the rules adopted under Section 1 of this Act. 
 
SECTION 3.  Effective date: upon passage or September 1, 2003.