Texas 2009 - 81st Regular

Texas House Bill HB433 Compare Versions

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1	1	By: Lucio III, Walle, et al. H.B. No. 433
2	2	Substitute the following for H.B. No. 433:
3	3	By: Farrar C.S.H.B. No. 433
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the procedures for acting on applications for certain
9	9	permits under the Solid Waste Disposal Act.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 361.0666, Health and Safety Code, is
12	12	amended by amending Subsections (a) and (c) and adding Subsection
13	13	(d-1) to read as follows:
14	14	(a) An applicant for a permit under this chapter for a new
15	15	facility that accepts municipal solid wastes shall participate in
16	16	[may hold] one [a] public meeting in the county in which the
17	17	proposed facility is to be located. The meeting must be held during
18	18	the designated public comment period and after the executive
19	19	director has completed the technical review of the application.
20	20	(c) The applicant shall present to the commission an
21	21	affidavit certifying that the notice was publishedprovided as
22	22	required by Subsection (b) this section. The commission's
23	23	acceptance of the affidavit raises a presumption that the applicant
24	24	has complied with Subsection (b) this section.
25	25	(d-1) At least 14 days before the date of the public meeting
26	26	required by Subsection (a), the applicant shall mail notice of the
27	27	meeting to each owner of real property located within one-quarter
28	28	mile of the proposed facility as reflected in the real property
29	29	appraisal records. For a new facility that is not located within
30	30	the boundaries of a previously permitted site, the applicant shall
31	31	also post notice of the meeting on a sign to be located at the
32	32	entrance to the property or at each major thoroughfare adjoining
33	33	the property, which shall be for informational purposes only.
34	34	SECTION 2. Section 361.0791, Health and Safety Code, is
35	35	amended by amending Subsections (a) and (b) and adding Subsection
36	36	(f-1) to read as follows:
37	37	(a) Notwithstanding other law, the commission shall [may]
38	38	hold one [a] public meeting on an application for a new hazardous
39	39	waste management facility in the county in which the proposed
40	40	hazardous waste management facility is to be located. The
41	41	commission, on request of a person affected or as otherwise
42	42	required by commission rule, shall [may] hold a public meeting on an
43	43	application for a Class 3 modification or a major amendment to an
44	44	existing facility's hazardous waste permit.
45	45	(b) Notwithstanding other law In accordance with Section
46	46	361.0666, the commission shall [may] hold one [a] public meeting on
47	47	an application for a new municipal solid waste management facility
48	48	in the county in which the proposed municipal solid waste
49	49	management facility is to be located.
50	50	(f-1) At least 14 days before the date of the public meeting
51	51	required by Subsection (a), the applicant shall mail notice of the
52	52	meeting to each owner of real property located within one-quarter
53	53	mile of the proposed facility as reflected in the real property
54	54	appraisal records. For a new facility that is not located within
55	55	the boundaries of a previously permitted site, the applicant shall
56	56	also post notice of the meeting on a sign to be located at the
57	57	entrance to the property or at each major thoroughfare adjoining
58	58	the property, which shall be for informational purposes only.
59	59	SECTION 3. Section 361.082(d), Health and Safety Code, is
60	60	amended to read as follows:
61	61	(d) In addition to the hearing held under this section, the
62	62	commission shall [may] hold one [a] public meeting and the
63	63	applicant shall give notice as provided by Section 361.0791.
64	64	SECTION 4. Section 361.534, Health and Safety Code, is
65	65	amended to read as follows:
66	66	Sec. 361.534. PERMIT PUBLIC MEETING. (a) The commission
67	67	shall schedule a public meeting to be held not later than the 60th
68	68	day after the date the commission receives [may hold a public
69	69	meeting on] an application under this subchapter.
70	70	(b) [The commission shall hold a public meeting on an
71	71	application under this subchapter:
72	72	[(1) on the request of a member of the legislature who
73	73	represents the general area in which the development is proposed to
74	74	be located; or
75	75	[(2) if the executive director determines that there
76	76	is substantial public interest in the proposed development.
77	77	[(c)] The commission by mail shall notify the applicant of
78	78	the date, time, and place of the public meeting at least 45 days
79	79	before the date of the public meeting. The commission shall require
80	80	the applicant to publish notice of the public meeting in a newspaper
81	81	that is generally circulated in each county in which the property
82	82	proposed for development is located. The published notice must
83	83	appear at least once a week for the two weeks before the date of the
84	84	public meeting.
85	85	(c) At least 14 days before the date of the public meeting
86	86	required by Subsection (a), the applicant shall mail notice of the
87	87	meeting to each owner of real property located within one-quarter
88	88	mile of the proposed facility as reflected in the real property
89	89	appraisal records. The applicant shall also post notice of the
90	90	meeting on a sign to be located at the entrance to the property or at
91	91	each major thoroughfare adjoining the property, which shall be for
92	92	informational purposes only.
93	93	SECTION 5. The changes in law made by this Act apply only to
94	94	an application that is filed with the Texas Commission on
95	95	Environmental Quality on or after the effective date of this Act.
96	96	An application that was filed with the commission before the
97	97	effective date of this Act is governed by the former law, and that
98	98	law is continued in effect for that purpose.
99	99	SECTION 6. This Act takes effect September 1, 2009.