86R7443 JRR-F
By: Zaffirini S.B. No. 2422
A BILL TO BE ENTITLED
AN ACT
relating to the issuance of a permit for a municipal solid waste
facility located in a 100-year floodplain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 361, Health and Safety
Code, is amended by adding Section 361.1235 to read as follows:
Sec. 361.1235. LIMITATION ON ISSUANCE OF MUNICIPAL SOLID
WASTE PERMIT FOR FACILITY IN 100-YEAR FLOODPLAIN. The commission
may not approve an application for a municipal solid waste permit
for a facility that is to be constructed in an area located in a
100-year floodplain, existing before site development, unless the
applicant:
(1) has obtained the following:
(A) approval from the governmental entity with
jurisdiction under Section 16.236, Water Code, or a rule adopted by
the commission to implement that section;
(B) a floodplain development permit from the
municipality, county, or other entity with jurisdiction over the
proposed improvements;
(C) a conditional letter of map amendment issued
by the Federal Emergency Management Agency; and
(D) a permit issued by the United States Army
Corps of Engineers under Section 404(b) of the federal Clean Water
Act (33 U.S.C. Section 1344(b)) for construction of all necessary
improvements if waters of the United States will be affected by
construction of the facility; and
(2) meets all other requirements of the permit.
SECTION 2. Section 361.1235, Health and Safety Code, as
added by this Act, applies only to an application for a municipal
solid waste permit that is pending before the Texas Commission on
Environmental Quality on or after the effective date of this Act. A
municipal solid waste permit that is issued before the effective
date of this Act is governed by the law in effect when the permit was
issued, and the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.