Bill Text: TX SB2422 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the issuance of a permit for a municipal solid waste facility located in a 100-year floodplain.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-21 - Referred to Water & Rural Affairs [SB2422 Detail]
Download: Texas-2019-SB2422-Introduced.html
| 86R7443 JRR-F | ||
| By: Zaffirini | S.B. No. 2422 | |
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| relating to the issuance of a permit for a municipal solid waste | ||
| facility located in a 100-year floodplain. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter C, Chapter 361, Health and Safety | ||
| Code, is amended by adding Section 361.1235 to read as follows: | ||
| Sec. 361.1235. LIMITATION ON ISSUANCE OF MUNICIPAL SOLID | ||
| WASTE PERMIT FOR FACILITY IN 100-YEAR FLOODPLAIN. The commission | ||
| may not approve an application for a municipal solid waste permit | ||
| for a facility that is to be constructed in an area located in a | ||
| 100-year floodplain, existing before site development, unless the | ||
| applicant: | ||
| (1) has obtained the following: | ||
| (A) approval from the governmental entity with | ||
| jurisdiction under Section 16.236, Water Code, or a rule adopted by | ||
| the commission to implement that section; | ||
| (B) a floodplain development permit from the | ||
| municipality, county, or other entity with jurisdiction over the | ||
| proposed improvements; | ||
| (C) a conditional letter of map amendment issued | ||
| by the Federal Emergency Management Agency; and | ||
| (D) a permit issued by the United States Army | ||
| Corps of Engineers under Section 404(b) of the federal Clean Water | ||
| Act (33 U.S.C. Section 1344(b)) for construction of all necessary | ||
| improvements if waters of the United States will be affected by | ||
| construction of the facility; and | ||
| (2) meets all other requirements of the permit. | ||
| SECTION 2. Section 361.1235, Health and Safety Code, as | ||
| added by this Act, applies only to an application for a municipal | ||
| solid waste permit that is pending before the Texas Commission on | ||
| Environmental Quality on or after the effective date of this Act. A | ||
| municipal solid waste permit that is issued before the effective | ||
| date of this Act is governed by the law in effect when the permit was | ||
| issued, and the former law is continued in effect for that purpose. | ||
| SECTION 3. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2019. | ||
