81R1315 SMH-D
By: Lucio III H.B. No. 433
A BILL TO BE ENTITLED
AN ACT
relating to the procedures for acting on applications for certain
permits under the Solid Waste Disposal Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 361.0666, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (d-1) to
read as follows:
(a) An applicant for a permit under this chapter for a new
facility that accepts municipal solid wastes shall [may] hold a
public meeting in the county in which the proposed facility is to be
located. The meeting must be held before the 45th day after the
date the application is filed.
(d-1) Not later than the 14th day before the date of the
public meeting, the applicant shall:
(1) place on the property on which the proposed
facility is to be located a sign giving notice of the public
meeting; and
(2) mail notice of the public meeting to each owner or
occupant of real property located within one mile of the proposed
facility.
SECTION 2. Section 361.0791, Health and Safety Code, is
amended by amending Subsections (a) and (b) and adding Subsection
(f-1) to read as follows:
(a) Notwithstanding other law, the commission shall [may]
hold a public meeting on an application for a new hazardous waste
management facility in the county in which the proposed hazardous
waste management facility is to be located. The commission, on
request of a person affected or as otherwise required by commission
rule, shall [may] hold a public meeting on an application for a
Class 3 modification or a major amendment to an existing facility's
hazardous waste permit.
(b) Notwithstanding other law, the commission shall [may]
hold a public meeting on an application for a new municipal solid
waste management facility in the county in which the proposed
municipal solid waste management facility is to be located.
(f-1) Not later than the 14th day before the date of a public
meeting under this section, the applicant shall:
(1) place on the property on which the proposed
facility is to be located a sign giving notice of the public
meeting; and
(2) mail notice of the public meeting to each owner or
occupant of real property located within one mile of the proposed
facility.
SECTION 3. Section 361.081(a), Health and Safety Code, is
amended to read as follows:
(a) The commission shall require the applicant to mail
notice to each residential or business address located within one
[one-half] mile of a new solid waste management facility and to each
owner of real property located within one [one-half] mile of a new
solid waste management facility listed in the real property
appraisal records of the appraisal district in which the solid
waste management facility is sought to be permitted as of the date
the commission determines the permit application is
administratively complete. The notice must be sent by mail and must
be deposited with the United States postal service not more than 45
days or less than 30 days before the date of the hearing.
SECTION 4. Section 361.082(d), Health and Safety Code, is
amended to read as follows:
(d) In addition to the hearing held under this section, the
commission shall [may] hold a public meeting and the applicant
shall give notice as provided by Section 361.0791.
SECTION 5. Section 361.534, Health and Safety Code, is
amended to read as follows:
Sec. 361.534. PERMIT PUBLIC MEETING. (a) The commission
shall schedule a public meeting to be held not later than the 30th
day after the date the commission receives [may hold a public
meeting on] an application under this subchapter.
(b) [The commission shall hold a public meeting on an
application under this subchapter:
[(1) on the request of a member of the legislature who
represents the general area in which the development is proposed to
be located; or
[(2) if the executive director determines that there
is substantial public interest in the proposed development.
[(c)] The commission by mail shall notify the applicant of
the date, time, and place of the public meeting not later than the
15th day before the date of the public meeting. The commission
shall [require the applicant to] publish notice of the public
meeting in a newspaper that is generally circulated in each county
in which the property proposed for development is located. The
published notice must appear at least once a week for the two weeks
before the date of the public meeting.
(c) Not later than the 14th day before the date of the public
meeting, the applicant shall:
(1) place on the property proposed for development a
sign giving notice of the public meeting; and
(2) mail notice of the public meeting to each owner or
occupant of real property located within one mile of the property
proposed for development.
SECTION 6. The changes in law made by this Act apply only to
an application that is filed with the Texas Commission on
Environmental Quality on or after the effective date of this Act.
An application that was filed with the commission before the
effective date of this Act is governed by the former law, and that
law is continued in effect for that purpose.
SECTION 7. This Act takes effect September 1, 2009.