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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance of a permit for a municipal solid waste |
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facility located in a 100-year floodplain. |
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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 361.1235 to read as follows: |
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Sec. 361.1235. LIMITATION ON ISSUANCE OF MUNICIPAL SOLID |
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WASTE PERMIT FOR FACILITY IN 100-YEAR FLOODPLAIN. The commission |
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may not approve an application for a municipal solid waste permit |
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for a facility that is to be constructed in an area located in a |
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100-year floodplain, existing before site development, unless the |
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applicant: |
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(1) has obtained the following: |
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(A) approval from the governmental entity with |
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jurisdiction under Section 16.236, Water Code, or a rule adopted by |
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the commission to implement that section; |
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(B) a floodplain development permit from the |
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municipality, county, or other entity with jurisdiction over the |
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proposed improvements; |
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(C) a conditional letter of map amendment issued |
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by the Federal Emergency Management Agency; and |
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(D) a permit issued by the United States Army |
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Corps of Engineers under Section 404(b) of the federal Clean Water |
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Act (33 U.S.C. Section 1344(b)) for construction of all necessary |
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improvements if waters of the United States will be affected by |
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construction of the facility; and |
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(2) meets all other requirements of the permit. |
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SECTION 2. Section 361.1235, Health and Safety Code, as |
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added by this Act, applies only to an application for a municipal |
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solid waste permit 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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municipal solid waste permit that is issued before the effective |
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date of this Act is governed by the law in effect when the permit was |
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issued, and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |