| 1 | 1 | | 85R3004 JAM-F |
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| 2 | 2 | | By: Zaffirini S.B. No. 781 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a limitation on the location of solid waste facilities. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 361.101, Health and Safety Code, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | Sec. 361.101. PROHIBITION ON PERMIT FOR FACILITY ON |
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| 12 | 12 | | RECHARGE ZONE OF CERTAIN AQUIFERS [SOLE SOURCE AQUIFER]. The |
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| 13 | 13 | | commission by rule shall prohibit the issuance of a permit for a new |
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| 14 | 14 | | hazardous waste landfill, municipal solid waste facility, land |
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| 15 | 15 | | treatment facility, surface impoundment, or waste pile, or areal |
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| 16 | 16 | | expansion of such a facility, if the facility is to be located on |
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| 17 | 17 | | the recharge zone of: |
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| 18 | 18 | | (1) a sole source aquifer; or |
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| 19 | 19 | | (2) an aquifer that is: |
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| 20 | 20 | | (A) designated by the Texas Water Development |
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| 21 | 21 | | Board as a major aquifer; and |
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| 22 | 22 | | (B) a source of water for a municipality that: |
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| 23 | 23 | | (i) has a population of at least one |
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| 24 | 24 | | million; and |
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| 25 | 25 | | (ii) is located more than 100 miles from the |
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| 26 | 26 | | Gulf of Mexico. |
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| 27 | 27 | | SECTION 2. The changes in law made by this Act apply only to |
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| 28 | 28 | | an application for the issuance of a permit pending before the Texas |
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| 29 | 29 | | Commission on Environmental Quality on or after the effective date |
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| 30 | 30 | | of this Act. A permit issued before the effective date of this Act |
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| 31 | 31 | | is governed by the law in effect when the permit was issued, and the |
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| 32 | 32 | | former law is continued in effect for that purpose. |
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| 33 | 33 | | SECTION 3. This Act takes effect immediately if it receives |
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| 34 | 34 | | a vote of two-thirds of all the members elected to each house, as |
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| 35 | 35 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 36 | 36 | | Act does not receive the vote necessary for immediate effect, this |
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| 37 | 37 | | Act takes effect September 1, 2017. |
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