| 1 | 1 | | By: Zaffirini S.B. No. 1802 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to road specifications and safety standards for access to |
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| 7 | 7 | | a solid waste facility. |
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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. Subchapter C, Chapter 361, Health and Safety |
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| 10 | 10 | | Code, is amended by adding Section 361.125 to read as follows: |
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| 11 | 11 | | Sec. 361.125. ROAD SPECIFICATIONS AND SAFETY STANDARDS FOR |
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| 12 | 12 | | ACCESS TO SOLID WASTE FACILITY. (a) The commission by rule shall: |
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| 13 | 13 | | (1) adopt specific, uniform road specifications and |
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| 14 | 14 | | safety standards for access to solid waste facilities that accept |
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| 15 | 15 | | or process municipal solid waste or hazardous waste; and |
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| 16 | 16 | | (2) require as a condition of a permit that the permit |
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| 17 | 17 | | holder comply with the rules adopted under Subdivision (1). |
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| 18 | 18 | | (b) Rules adopted under Subsection (a)(1) must: |
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| 19 | 19 | | (1) include standards or requirements for: |
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| 20 | 20 | | (A) safe railroad grade crossings; |
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| 21 | 21 | | (B) spill containment in high-risk areas; |
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| 22 | 22 | | (C) sufficient flood protection; |
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| 23 | 23 | | (D) vehicle weight and load limits that ensure |
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| 24 | 24 | | the access of commercial motor vehicles to the solid waste facility |
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| 25 | 25 | | without causing damage to the access routes; |
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| 26 | 26 | | (E) sight distance, as that term is defined by |
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| 27 | 27 | | Section 255.001, Transportation Code; and |
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| 28 | 28 | | (F) appropriate traffic control devices and |
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| 29 | 29 | | lighting; |
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| 30 | 30 | | (2) require the permit holder to be financially |
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| 31 | 31 | | responsible for access route improvements and maintenance and to |
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| 32 | 32 | | reimburse a local governmental entity for any costs incurred by |
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| 33 | 33 | | that entity for improvements made to and maintenance of the access |
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| 34 | 34 | | routes; and |
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| 35 | 35 | | (3) require the permit holder to provide access to the |
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| 36 | 36 | | solid waste facility only through: |
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| 37 | 37 | | (A) a public highway; |
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| 38 | 38 | | (B) a dedicated county or municipal road; |
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| 39 | 39 | | (C) an easement for which the permit holder holds |
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| 40 | 40 | | a fee simple title; or |
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| 41 | 41 | | (D) an easement for which all owners of the |
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| 42 | 42 | | easement have agreed in writing to the use of the easement for |
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| 43 | 43 | | ingress and egress to the facility. |
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| 44 | 44 | | (c) The commission shall enforce this section, including |
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| 45 | 45 | | rules adopted under this section and conditions imposed under a |
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| 46 | 46 | | rule adopted under this section, and take an enforcement action |
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| 47 | 47 | | against a permit holder who violates this section. |
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| 48 | 48 | | SECTION 2. As soon as practicable after the effective date |
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| 49 | 49 | | of this Act, the Texas Commission on Environmental Quality shall |
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| 50 | 50 | | adopt the rules required by Section 361.125, Health and Safety |
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| 51 | 51 | | Code, as added by this Act. |
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| 52 | 52 | | SECTION 3. This Act takes effect September 1, 2021. |
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