Texas 2019 - 86th Regular

Texas Senate Bill SB1338 Compare Versions

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

Old	New	Differences
1	1	By: Zaffirini S.B. No. 1338
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the issuance of a permit for a municipal solid waste
7	7	landfill facility located in a special flood hazard area.
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 361.1232 to read as follows:
11	11	Sec. 361.1232. LIMITATION ON MUNICIPAL SOLID WASTE LANDFILL
12	12	IN SPECIAL FLOOD HAZARD AREA. (a) In this section:
13	13	(1) "Facility" mean all contiguous land, improvements
14	14	on land, structures, and appurtenances, including drainage
15	15	structures, groundwater monitoring wells, landfill gas probes, and
16	16	gate or scale houses, that are used for the storage, processing, or
17	17	disposal of solid waste.
18	18	(2) "Special flood hazard area" means the land in a
19	19	floodplain subject to not less than one percent chance of flooding
20	20	in a year as designated by the director or administrator of the
21	21	Federal Emergency Management Agency.
22	22	(b) The commission may not issue a permit for a new
23	23	municipal solid waste landfill facility or a lateral expansion of
24	24	an existing municipal solid waste landfill facility that is
25	25	contingent on the removal of a part of the facility from a special
26	26	flood hazard area.
27	27	(c) The commission may not issue a permit for a new
28	28	municipal solid waste landfill facility or for a lateral expansion
29	29	of an existing municipal solid waste landfill facility if a part of
30	30	the facility is or will be located in a special flood hazard area
31	31	unless the applicant has obtained from the Federal Emergency
32	32	Management Agency a letter of map change demonstrating that the
33	33	entire facility has been removed from the special flood hazard
34	34	area. A conditional letter of map change issued by the Federal
35	35	Emergency Management Agency does not satisfy the requirements of
36	36	this subsection.
37	37	(d) The commission shall coordinate with all applicable
38	38	regional and local governments to verify that all required map
39	39	changes to the Flood Insurance Rate Map have been acquired from the
40	40	Federal Emergency Management Agency and that all necessary permits
41	41	have been issued for the facility by the governmental entities or
42	42	agencies with jurisdiction over the facility under Section 16.235,
43	43	Texas Water Code, or Chapter 16, Subchapter I, Texas Water Code.
44	44	SECTION 2. Section 361.1232, Health and Safety Code, as
45	45	added by this Act, applies only to an application for the issuance
46	46	or amendment of a permit for a municipal solid waste landfill
47	47	facility that is pending before the Texas Commission on
48	48	Environmental Quality on or after the effective date of this Act. A
49	49	permit for a municipal solid waste landfill facility that is issued
50	50	or amended before the effective date of this Act is governed by the
51	51	law in effect when the permit was issued or amended, and the former
52	52	law is continued in effect for that purpose.
53	53	SECTION 3. This Act takes effect immediately if it receives
54	54	a vote of two-thirds of all the members elected to each house, as
55	55	provided by Section 39, Article III, Texas Constitution. If this
56	56	Act does not receive the vote necessary for immediate effect, this
57	57	Act takes effect September 1, 2019.