By: Lucio III, Walle, et al. H.B. No. 433
Substitute the following for H.B. No. 433:
By: Farrar C.S.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 Subsections (a) and (c) 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 participate in
[may hold] one [a] public meeting in the county in which the
proposed facility is to be located. The meeting must be held during
the designated public comment period and after the executive
director has completed the technical review of the application.
(c) The applicant shall present to the commission an
affidavit certifying that the notice was publishedprovided as
required by Subsection (b) this section. The commission's
acceptance of the affidavit raises a presumption that the applicant
has complied with Subsection (b) this section.
(d-1) At least 14 days before the date of the public meeting
required by Subsection (a), the applicant shall mail notice of the
meeting to each owner of real property located within one-quarter
mile of the proposed facility as reflected in the real property
appraisal records. For a new facility that is not located within
the boundaries of a previously permitted site, the applicant shall
also post notice of the meeting on a sign to be located at the
entrance to the property or at each major thoroughfare adjoining
the property, which shall be for informational purposes only.
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 one [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 In accordance with Section
361.0666, the commission shall [may] hold one [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) At least 14 days before the date of the public meeting
required by Subsection (a), the applicant shall mail notice of the
meeting to each owner of real property located within one-quarter
mile of the proposed facility as reflected in the real property
appraisal records. For a new facility that is not located within
the boundaries of a previously permitted site, the applicant shall
also post notice of the meeting on a sign to be located at the
entrance to the property or at each major thoroughfare adjoining
the property, which shall be for informational purposes only.
SECTION 3. 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 one [a] public meeting and the
applicant shall give notice as provided by Section 361.0791.
SECTION 4. 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 60th
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 at least 45 days
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) At least 14 days before the date of the public meeting
required by Subsection (a), the applicant shall mail notice of the
meeting to each owner of real property located within one-quarter
mile of the proposed facility as reflected in the real property
appraisal records. The applicant shall also post notice of the
meeting on a sign to be located at the entrance to the property or at
each major thoroughfare adjoining the property, which shall be for
informational purposes only.
SECTION 5. 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 6. This Act takes effect September 1, 2009.