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A BILL TO BE ENTITLED
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AN ACT
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relating to limitations of the issuance of permits for municipal |
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solid waste landfill facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 361, Health and Safety |
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Code, is amended by adding Section 361.1232 to read as follows: |
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Sec. 361.1232. LIMITATION ON ISSUANCE OF PERMIT BASED ON |
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CAPACITY. The commission may not issue a permit for a new municipal |
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solid waste landfill facility or an areal expansion of an existing |
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municipal solid waste landfill facility unless: |
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(1) the commission determines that permitted |
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facilities conveniently located near the proposed new or expanded |
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facility do not have a projected capacity to dispose of the volume |
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of waste projected for the area for 30 years following the date of |
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application for the permit; or |
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(2) the governing body of the municipality or county |
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in which the landfill facility is located first approves by |
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resolution or order the issuance of the permit. |
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SECTION 2. Section 361.1232, Health and Safety Code, as |
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added by this Act, applies only to an application for the issuance |
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or amendment of a permit for a municipal solid waste landfill |
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facility that is pending before the Texas Commission on |
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Environmental Quality on or after the effective date of this Act. A |
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permit for a municipal solid waste landfill facility that is issued |
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or amended before the effective date of this Act is governed by the |
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law in effect when the permit was issued or amended, and the former |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2019. |