C.S.H.B. 2955 78(R)    BILL ANALYSIS


C.S.H.B. 2955
By: Smith, Wayne
Environmental Regulation
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, commercial industrial nonhazardous solid waste disposal
facilities are issued permits by the Texas Commission on Environmental
Quality (TCEQ). Such disposal facilities can contain hazardous metals and
materials such as antimony, arsenic, barium, beryllium, cadmium, chromium,
lead, mercury, nickel, selenium, and silver.  These metals and materials
can be harmful to water sources.  CSHB 2955 would restrict TCEQ from
issuing permits to commercial industrial nonhazardous solid waste disposal
facilities that would require for their construction, under Section 404 of
the Clean Water Act, a permit from the United States Corps of Engineers
and would be constructed to where any part of the facility is located 25
ft. or less above the uppermost feature of a geologic formation that under
natural conditions is saturated with water. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

SECTION 1.  Amends Subchapter C, Chapter 361, Health and Safety Code, by
adding   361.0901. 
Sec. 361.0901 restricts TCEQ from issuing permits to commercial industrial
nonhazardous solid waste disposal facilities that would require for their
construction, under Section 404 of the Clean Water Act, a permit from the
United States Corps of Engineers and would be constructed to where any
part of the facility is located 25 ft. or less above the uppermost feature
of a ground water-bearing zone. 

SECTION 2.    Sets effective date.

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

CSHB 2955 replaces the language "groundwater-bearing zone" with "a
geologic formation that under natural conditions is saturated with water,"
providing for a clearer interpretation and definition of legislation
intent.