Texas 2019 - 86th Regular

Texas House Bill HB1390 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R5946 SLB-D
2	2	By: Bohac H.B. No. 1390
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the review of municipal solid waste facility permit
8	8	applications for conformity with regional solid waste management
9	9	plans.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Section 361.062, Health and
12	12	Safety Code, is amended to read as follows:
13	13	Sec. 361.062. COMPATIBILITY WITH LOCAL OR REGIONAL PLANS
14	14	[COUNTY'S PLAN].
15	15	SECTION 2. Section 361.062, Health and Safety Code, is
16	16	amended by amending Subsection (a) and adding Subsection (c) to
17	17	read as follows:
18	18	(a) Before the commission issues a permit to construct,
19	19	operate, or maintain a solid waste facility to process, store, or
20	20	dispose of solid waste in a county that has a local or regional
21	21	solid waste management plan approved by the commission under
22	22	Chapter 363 [(Comprehensive Municipal Solid Waste Management,
23	23	Resource Recovery, and Conservation Act)], the commission must
24	24	consider whether the solid waste facility and the proposed site for
25	25	the facility are compatible with each [the county's] approved
26	26	[local solid waste management] plan.
27	27	(c) In determining the compatibility of a proposed solid
28	28	waste facility and facility site with a regional solid waste
29	29	management plan under Subsection (a), the commission shall consider
30	30	a letter delivered under Section 363.066(c) regarding the permit
31	31	application for the proposed facility.
32	32	SECTION 3. Section 361.067(a), Health and Safety Code, is
33	33	amended to read as follows:
34	34	(a) If the commission determines that a permit application
35	35	submitted to it is administratively complete, it shall mail a copy
36	36	of the application or a summary of its contents to:
37	37	(1) the mayor and health authority of a municipality
38	38	in whose territorial limits or extraterritorial jurisdiction the
39	39	solid waste facility is located; [and]
40	40	(2) the county judge and the health authority of the
41	41	county in which the facility is located; and
42	42	(3) the council of governments responsible for the
43	43	regional solid waste management plan under Subchapter D, Chapter
44	44	363, in which the facility is located.
45	45	SECTION 4. Section 361.089(b), Health and Safety Code, is
46	46	amended to read as follows:
47	47	(b) Except as provided by Section 361.110, the commission
48	48	shall notify each governmental entity listed under Sections
49	49	361.067(a)(1) and (2) [Section 361.067] and provide an opportunity
50	50	for a hearing to the permit holder or applicant and persons
51	51	affected. The commission may also hold a hearing on its own motion.
52	52	SECTION 5. Section 363.066, Health and Safety Code, is
53	53	amended by adding Subsection (c) to read as follows:
54	54	(c) On receipt of a permit application from the commission
55	55	under Section 361.067, the council of governments shall:
56	56	(1) review the application and determine whether the
57	57	permit application is consistent with the regional solid waste
58	58	management plan; and
59	59	(2) deliver a letter to the commission in the time
60	60	specified by the commission describing the determination made under
61	61	Subdivision (1).
62	62	SECTION 6. The changes in law made by this Act apply only to
63	63	a permit application for a municipal solid waste facility that is
64	64	filed with the Texas Commission on Environmental Quality on or
65	65	after the effective date of this Act. A permit application for a
66	66	municipal solid waste facility filed before the effective date of
67	67	this Act is governed by the law in effect when the permit
68	68	application was filed, and the former law is continued in effect for
69	69	that purpose.
70	70	SECTION 7. This Act takes effect September 1, 2019.