BILL ANALYSIS

H.B. 1598

By: Darby

Environmental Regulation

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Political subdivisions across Texas must balance the concerns of the public regarding the siting of municipal solid waste facilities with the obligation of these authorities to be prepared to manage the waste generated within their community. However, balanced regulation must also take into account the principle that solid waste companies operating statewide are deserving of the same uniform, stringent regulations across the state as other industries. An inconsistent patchwork of requirements imposed by each county, municipality, or district in the state may create unnecessary confusion and disproportionate results. H.B. 1598 seeks to strike this balance by ensuring that companies providing waste management services can operate under a uniform, consistent body of law while preserving the long-standing abilities of local governments to control the locations of municipal solid waste facilities.

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. 1598 amends the Health and Safety Code to establish that an applicant for a permit under the Solid Waste Disposal Act is not required to obtain a permit for the siting, construction, or operation of a municipal solid waste facility from a political subdivision as a prerequisite to a permit being issued by the Texas Commission on Environmental Quality (TCEQ). The bill prohibits a political subdivision from adopting a rule, order, or ordinance that conflicts with or is inconsistent with the following:

· the requirements for municipal solid waste facilities as specified by TCEQ rules or by a permit issued by the TCEQ; or

· the requirements for municipal solid waste facilities under TCEQ jurisdiction over municipal solid waste management.

The bill expands the scope of a similar prohibition regarding local rules or ordinances for hazardous waste management facilities to apply also to orders of a political subdivision. The bill makes conforming changes relating to actions to enforce or determine the validity or applicability of a local rule, order, or ordinance and clarifies the grounds on which an action to determine validity or applicability may be brought.

H.B. 1598 prohibits provisions relating to local permits for hazardous waste management and municipal solid waste facilities, as amended by the bill, from being construed to prevent or limit the following rights:

· the right of a county or municipality to exercise certain authority granted under the Comprehensive Municipal Solid Waste Management, Resource Recovery, and Conservation Act to prohibit the processing or disposal of municipal solid waste in certain areas;

· the right of a county to exercise certain authority granted under the County Solid Waste Control Act to prohibit the disposal of municipal solid waste in the county; or

· the right of a political subdivision to adopt or enforce a rule, order, or ordinance under the authority of the National Flood Insurance Program governing permits or other approvals for the development of land in areas prone to floods or mudslides.

EFFECTIVE DATE

September 1, 2023.