88R2074 MP-D
 
  By: Ordaz H.B. No. 26
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the permitting of medical waste facilities by the Texas
  Commission on Environmental Quality.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 361.0905, Health and Safety Code, is
  amended by amending Subsection (e) and adding Subsections (e-1) and
  (e-2) to read as follows:
         (e)  Except as provided by Subsection (e-1), rules [Rules]
  adopted to regulate the operation of municipal solid waste storage
  and processing units apply in the same manner to medical waste only
  to the extent that the rules address:
               (1)  permit and registration requirements that can be
  made applicable to a facility that handles medical waste, including
  requirements related to:
                     (A)  applications;
                     (B)  site development;
                     (C)  notice; and
                     (D)  permit or registration duration and limits;
               (2)  minor modifications to permits and registrations,
  including changes in operating hours and buffer zones;
               (3)  the reconciliation of conflicting site operation
  plan provisions for a site that conducts activities that require a
  separate permit or authorization;
               (4)  waste acceptance and analysis;
               (5)  facility-generated waste, including wastewater
  and sludge;
               (6)  contaminated water management;
               (7)  on-site storage areas for source-separated or
  recyclable materials;
               (8)  the storage of waste:
                     (A)  to prevent the waste from becoming a hazard,
  including a fire hazard, to human health or safety;
                     (B)  to ensure the use of sufficient containers
  between collections; and
                     (C)  to prevent the waste from becoming litter;
               (9)  closure requirements for storage and processing
  units;
               (10)  recordkeeping and reporting requirements, except
  for rules regarding the recordkeeping provisions required to
  justify the levels of recovered recycled products;
               (11)  fire protection;
               (12)  access control;
               (13)  unloading waste;
               (14)  spill prevention and control;
               (15)  operating hours;
               (16)  facility signage;
               (17)  control of litter, including windblown material;
               (18)  noise pollution and visual screening;
               (19)  capacity overloading and mechanical breakdown;
               (20)  sanitation, including employee sanitation
  facilities;
               (21)  ventilation and air pollution control, except as
  those rules apply to:
                     (A)  process areas where putrescible waste is
  processed;
                     (B)  the minimal air exposure for liquid waste;
  and
                     (C)  the cleaning and maintenance of mobile waste
  processing unit equipment; and
               (22)  facility health and safety plans, including
  employee training in health and safety.
         (e-1)  Not later than the 30th day after the date of filing an
  application for, or notice of intent to file an application for, a
  permit to construct, operate, or maintain a facility to store,
  process, or dispose of medical waste, the applicant shall provide
  notice of the application or notice of intent by hand delivery,
  facsimile, or United States Postal Service mail to:
               (1)  the state senator and representative who represent
  the area in which the facility is or is to be located;
               (2)  the commissioners court of the county in which the
  facility is or is to be located;
               (3)  the governing body of the municipality in which
  the facility is or is to be located, if applicable;
               (4)  the governing body of a school district in which
  the facility is or is to be located, if applicable; and
               (5)  the tribal council of an Indian tribe on whose
  tribal lands the facility is or is to be located, if applicable.
         (e-2)  The applicant shall submit to the commission proof
  that notice has been provided in accordance with Subsection (e-1).
         SECTION 2.  Sections 361.0905(e-1) and (e-2), Health and
  Safety Code, as added by this Act, apply only to an application
  related to a permit for a medical waste facility that is submitted
  to the Texas Commission on Environmental Quality on or after the
  effective date of this Act. An application related to a permit for
  a medical waste facility that was submitted to the Texas Commission
  on Environmental Quality before the effective date of this Act is
  governed by the law in effect at the time the application was filed,
  and the former law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2023.