86R5946 SLB-D
By: Bohac H.B. No. 1390
A BILL TO BE ENTITLED
AN ACT
relating to the review of municipal solid waste facility permit
applications for conformity with regional solid waste management
plans.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 361.062, Health and
Safety Code, is amended to read as follows:
Sec. 361.062. COMPATIBILITY WITH LOCAL OR REGIONAL PLANS
[COUNTY'S PLAN].
SECTION 2. Section 361.062, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(a) Before the commission issues a permit to construct,
operate, or maintain a solid waste facility to process, store, or
dispose of solid waste in a county that has a local or regional
solid waste management plan approved by the commission under
Chapter 363 [(Comprehensive Municipal Solid Waste Management,
Resource Recovery, and Conservation Act)], the commission must
consider whether the solid waste facility and the proposed site for
the facility are compatible with each [the county's] approved
[local solid waste management] plan.
(c) In determining the compatibility of a proposed solid
waste facility and facility site with a regional solid waste
management plan under Subsection (a), the commission shall consider
a letter delivered under Section 363.066(c) regarding the permit
application for the proposed facility.
SECTION 3. Section 361.067(a), Health and Safety Code, is
amended to read as follows:
(a) If the commission determines that a permit application
submitted to it is administratively complete, it shall mail a copy
of the application or a summary of its contents to:
(1) the mayor and health authority of a municipality
in whose territorial limits or extraterritorial jurisdiction the
solid waste facility is located; [and]
(2) the county judge and the health authority of the
county in which the facility is located; and
(3) the council of governments responsible for the
regional solid waste management plan under Subchapter D, Chapter
363, in which the facility is located.
SECTION 4. Section 361.089(b), Health and Safety Code, is
amended to read as follows:
(b) Except as provided by Section 361.110, the commission
shall notify each governmental entity listed under Sections
361.067(a)(1) and (2) [Section 361.067] and provide an opportunity
for a hearing to the permit holder or applicant and persons
affected. The commission may also hold a hearing on its own motion.
SECTION 5. Section 363.066, Health and Safety Code, is
amended by adding Subsection (c) to read as follows:
(c) On receipt of a permit application from the commission
under Section 361.067, the council of governments shall:
(1) review the application and determine whether the
permit application is consistent with the regional solid waste
management plan; and
(2) deliver a letter to the commission in the time
specified by the commission describing the determination made under
Subdivision (1).
SECTION 6. The changes in law made by this Act apply only to
a permit application for a municipal solid waste facility that is
filed with the Texas Commission on Environmental Quality on or
after the effective date of this Act. A permit application for a
municipal solid waste facility filed before the effective date of
this Act is governed by the law in effect when the permit
application was filed, and the former law is continued in effect for
that purpose.
SECTION 7. This Act takes effect September 1, 2019.