Bill Text: TX HB1390 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the review of municipal solid waste facility permit applications for conformity with regional solid waste management plans.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-02-27 - Referred to Environmental Regulation [HB1390 Detail]
Download: Texas-2019-HB1390-Introduced.html
86R5946 SLB-D | ||
By: Bohac | H.B. No. 1390 |
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relating to the review of municipal solid waste facility permit | ||
applications for conformity with regional solid waste management | ||
plans. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 361.062, Health and | ||
Safety Code, is amended to read as follows: | ||
Sec. 361.062. COMPATIBILITY WITH LOCAL OR REGIONAL PLANS | ||
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SECTION 2. Section 361.062, Health and Safety Code, is | ||
amended by amending Subsection (a) and adding Subsection (c) to | ||
read as follows: | ||
(a) Before the commission issues a permit to construct, | ||
operate, or maintain a solid waste facility to process, store, or | ||
dispose of solid waste in a county that has a local or regional | ||
solid waste management plan approved by the commission under | ||
Chapter 363 [ |
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consider whether the solid waste facility and the proposed site for | ||
the facility are compatible with each [ |
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(c) In determining the compatibility of a proposed solid | ||
waste facility and facility site with a regional solid waste | ||
management plan under Subsection (a), the commission shall consider | ||
a letter delivered under Section 363.066(c) regarding the permit | ||
application for the proposed facility. | ||
SECTION 3. Section 361.067(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) If the commission determines that a permit application | ||
submitted to it is administratively complete, it shall mail a copy | ||
of the application or a summary of its contents to: | ||
(1) the mayor and health authority of a municipality | ||
in whose territorial limits or extraterritorial jurisdiction the | ||
solid waste facility is located; [ |
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(2) the county judge and the health authority of the | ||
county in which the facility is located; and | ||
(3) the council of governments responsible for the | ||
regional solid waste management plan under Subchapter D, Chapter | ||
363, in which the facility is located. | ||
SECTION 4. Section 361.089(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) Except as provided by Section 361.110, the commission | ||
shall notify each governmental entity listed under Sections | ||
361.067(a)(1) and (2) [ |
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for a hearing to the permit holder or applicant and persons | ||
affected. The commission may also hold a hearing on its own motion. | ||
SECTION 5. Section 363.066, Health and Safety Code, is | ||
amended by adding Subsection (c) to read as follows: | ||
(c) On receipt of a permit application from the commission | ||
under Section 361.067, the council of governments shall: | ||
(1) review the application and determine whether the | ||
permit application is consistent with the regional solid waste | ||
management plan; and | ||
(2) deliver a letter to the commission in the time | ||
specified by the commission describing the determination made under | ||
Subdivision (1). | ||
SECTION 6. The changes in law made by this Act apply only to | ||
a permit application for a municipal solid waste facility that is | ||
filed with the Texas Commission on Environmental Quality on or | ||
after the effective date of this Act. A permit application for a | ||
municipal solid waste facility filed before the effective date of | ||
this Act is governed by the law in effect when the permit | ||
application was filed, and the former law is continued in effect for | ||
that purpose. | ||
SECTION 7. This Act takes effect September 1, 2019. |