Texas 2013 - 83rd Regular

Texas Senate Bill SB1156 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Hinojosa S.B. No. 1156
2	2	(Longoria)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to land reclamation projects using tires.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter C, Chapter 361, Health and Safety
10	10	Code, is amended by adding Section 361.1126 to read as follows:
11	11	Sec. 361.1126. LAND RECLAMATION PROJECTS USING TIRES. (a)
12	12	In this section:
13	13	(1) "Land reclamation" means the process of restoring
14	14	an area of excavated, deteriorated, or disturbed land to its
15	15	approximate natural grade and to prepare or reclaim the land for
16	16	reuse.
17	17	(2) "Scrap tire" has the meaning assigned by Section
18	18	361.112.
19	19	(b) A person may not begin a land reclamation project using
20	20	scrap tires without a permit issued by the commission under this
21	21	section.
22	22	(c) A person may not use scrap tires for a land reclamation
23	23	project unless the tires are shredded, split, or quartered as
24	24	provided by commission rule. The commission may grant an exception
25	25	to this requirement if the commission finds that circumstances
26	26	warrant the exception.
27	27	(d) The commission may not grant a permit for a land
28	28	reclamation project using scrap tires before:
29	29	(1) the commission receives comments or suggestions
30	30	from:
31	31	(A) the governing body of any municipality in the
32	32	corporate limits or extraterritorial jurisdiction of which the
33	33	proposed project is located;
34	34	(B) the commissioners court of each county in
35	35	which the proposed project is located;
36	36	(C) each groundwater conservation district, if
37	37	any, in which the proposed project is located; and
38	38	(D) each regional planning commission, council
39	39	of governments, or similar regional planning agency created under
40	40	Chapter 391, Local Government Code, if any, for the region in which
41	41	the proposed project is located; or
42	42	(2) the earlier of:
43	43	(A) the 61st day after the date the application
44	44	to request a permit for the project is submitted to the commission;
45	45	or
46	46	(B) the day following the first date the
47	47	commissioners court of each county in which the proposed project is
48	48	located has conducted two regularly scheduled meetings following
49	49	the date the application was submitted to the commission.
50	50	(e) The application to request a permit for a land
51	51	reclamation project using scrap tires must include at a minimum:
52	52	(1) a legal description of the area to be reclaimed;
53	53	(2) a map clearly identifying the area to be reclaimed
54	54	and the topography of the area;
55	55	(3) an affidavit from the property owner certifying
56	56	that the reclamation project complies with this section and the
57	57	rules adopted under this section;
58	58	(4) a demonstration of the seasonal high groundwater
59	59	level in the area in which the proposed project is located; and
60	60	(5) an analysis and evaluation of the environmental
61	61	impacts on the soil and groundwater in the area of the proposed
62	62	project that compare the impact of using scrap tires for the
63	63	proposed reclamation project to the impact of at least one
64	64	reasonable alternative method of land reclamation for the proposed
65	65	project.
66	66	(f) A person submitting an application to request a permit
67	67	under this section must mail a copy of the application to the
68	68	commissioners court of each county in which the proposed project is
69	69	located and provide notice to the other entities listed in
70	70	Subsection (d). Proof of notice must be provided in the form and
71	71	manner described by commission rule.
72	72	(g) The executive director may request that a person
73	73	submitting an application to request a permit under this section
74	74	provide additional information if the executive director
75	75	determines that the application does not address all applicable
76	76	requirements of this section or commission rules adopted under this
77	77	section or any potential risks to public health or the environment.
78	78	(h) The commission may not grant a permit under this section
79	79	if the commission receives notice before issuing the permit that
80	80	the proposed project violates a local regulation, ordinance, order,
81	81	or other law in the area in which the proposed project is located.
82	82	(i) The commission by rule shall:
83	83	(1) prescribe minimum standards to protect the soil
84	84	and water for a land reclamation project using scrap tires; and
85	85	(2) adopt application forms and procedures for the
86	86	permitting process under this section, including the adoption of a
87	87	procedure that allows the electronic submission of applications.
88	88	(j) The commission may amend, extend, transfer, or renew a
89	89	permit issued under this section as provided by this chapter and
90	90	commission rule.
91	91	(k) The notice and hearing procedures provided by this
92	92	subchapter apply to a permit issued, amended, extended, or renewed
93	93	under this section.
94	94	(l) The commission may, for good cause, deny, revoke,
95	95	suspend, annul, or amend a permit under this section for reasons
96	96	concerning public health and safety, air or water pollution, land
97	97	use, or a violation of this section as provided by Section 361.089.
98	98	SECTION 2. (a) Before September 1, 2014, the Texas
99	99	Commission on Environmental Quality shall adopt any rules required
100	100	to implement Section 361.1126, Health and Safety Code, as added by
101	101	this Act.
102	102	(b) On or after the effective date of this Act, any person
103	103	responsible for an ongoing or pending land reclamation project
104	104	using scrap tires that has not yet placed the tires below ground may
105	105	not place the tires below ground until the person has obtained a
106	106	permit under Section 361.1126, Health and Safety Code, as added by
107	107	this Act.
108	108	(c) To the extent that a land reclamation project using
109	109	scrap tires has placed tires below ground before the effective date
110	110	of this Act, the project is subject to the law in effect on the date
111	111	the tires were placed below ground, and that law is continued in
112	112	effect for that purpose.
113	113	SECTION 3. This Act takes effect immediately if it receives
114	114	a vote of two-thirds of all the members elected to each house, as
115	115	provided by Section 39, Article III, Texas Constitution. If this
116	116	Act does not receive the vote necessary for immediate effect, this
117	117	Act takes effect September 1, 2013.