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A BILL TO BE ENTITLED
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AN ACT
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relating to the review of municipal solid waste facility permit |
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applications for conformity with regional solid waste management |
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plans. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 361.062, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 361.062. COMPATIBILITY WITH LOCAL OR REGIONAL PLANS |
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[COUNTY'S PLAN]. |
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SECTION 2. Section 361.062, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsection (c) to |
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read as follows: |
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(a) Before the commission issues a permit to construct, |
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operate, or maintain a solid waste facility to process, store, or |
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dispose of solid waste in a county that has a local or regional |
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solid waste management plan approved by the commission under |
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Chapter 363 [(Comprehensive Municipal Solid Waste Management,
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Resource Recovery, and Conservation Act)], the commission must |
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consider whether the solid waste facility and the proposed site for |
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the facility are compatible with each [the county's] approved |
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[local solid waste management] plan. |
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(c) In determining the compatibility of a proposed solid |
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waste facility and facility site with a regional solid waste |
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management plan under Subsection (a), the commission shall consider |
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a letter delivered under Section 363.066(c) regarding the permit |
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application for the proposed facility. |
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SECTION 3. Section 361.067(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) If the commission determines that a permit application |
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submitted to it is administratively complete, it shall mail a copy |
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of the application or a summary of its contents to: |
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(1) the mayor and health authority of a municipality |
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in whose territorial limits or extraterritorial jurisdiction the |
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solid waste facility is located; [and] |
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(2) the county judge and the health authority of the |
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county in which the facility is located; and |
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(3) the council of governments responsible for the |
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regional solid waste management plan under Subchapter D, Chapter |
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363, in which the facility is located. |
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SECTION 4. Section 361.089(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) Except as provided by Section 361.110, the commission |
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shall notify each governmental entity listed under Sections |
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361.067(a)(1) and (2) [Section 361.067] and provide an opportunity |
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for a hearing to the permit holder or applicant and persons |
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affected. The commission may also hold a hearing on its own motion. |
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SECTION 5. Section 363.066, Health and Safety Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) On receipt of a permit application from the commission |
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under Section 361.067, the council of governments shall: |
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(1) review the application and determine whether the |
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permit application is consistent with the regional solid waste |
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management plan; and |
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(2) deliver a letter to the commission in the time |
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specified by the commission describing the determination made under |
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Subdivision (1). |
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SECTION 6. The changes in law made by this Act apply only to |
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a permit application for a municipal solid waste facility that is |
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filed with the Texas Commission on Environmental Quality on or |
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after the effective date of this Act. A permit application for a |
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municipal solid waste facility filed before the effective date of |
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this Act is governed by the law in effect when the permit |
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application was filed, and the former law is continued in effect for |
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that purpose. |
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SECTION 7. This Act takes effect September 1, 2019. |