BILL ANALYSIS

H.B. 26

By: Ordaz

Environmental Regulation

Committee Report (Unamended)

BACKGROUND AND PURPOSE

It has been a matter of concern that a medical waste company that purchased a property in El Paso within a one-mile radius of established residential neighborhoods, dedicated tribal land, and numerous schools, parks, and churches had planned to operate a facility there to process 100,000 pounds of medical waste per day at the site. The company initially received applicable state approval to operate for that purpose, despite a noted lack of transparency in the permitting process that left many elected officials and their constituents in the dark. Fortunately, a concerted effort by the local residents and elected officials brought attention to the issue and the company's application was ultimately denied.

H.B. 26 seeks to provide transparency in the permitting process for medical waste facilities and offer constituents of affected areas the opportunity to engage in the permitting process. This bill requires medical waste facility applicants to properly notify state representatives and senators, the governing bodies of the municipality and school district, the county commissioners court, and the tribal council of a tribe regarding where the applicant plans to operate.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

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

H.B. 26 amends the Health and Safety Code to require an applicant for a permit to construct, operate, or maintain a facility to store, process, or dispose of medical waste, not later than the 30th day after the date of filing an application or notice of intent to file an application for the permit, to provide notice of the application or notice of intent by hand delivery, facsimile, or USPS mail to the following:

· the state senator and representative who represent the area in which the facility is or is to be located;

· the commissioners court of the county in which the facility is or is to be located;

· the governing body of the municipality in which the facility is or is to be located, if applicable;

· the governing body of a school district in which the facility is or is to be located, if applicable; and

· the tribal council of an Indian tribe on whose tribal lands the facility is or is to be located, if applicable.

H.B. 26 requires the applicant to submit to the Texas Commission on Environmental Quality (TCEQ) proof that notice has been provided in accordance with the bill's provisions. The bill applies only to an application related to a permit for a medical waste facility that is submitted to the TCEQ on or after the bill's effective date.

EFFECTIVE DATE

September 1, 2023.