By: Zaffirini S.B. No. 1802
A BILL TO BE ENTITLED
AN ACT
relating to road specifications and safety standards for access to
a solid waste facility.
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 361.125 to read as follows:
Sec. 361.125. ROAD SPECIFICATIONS AND SAFETY STANDARDS FOR
ACCESS TO SOLID WASTE FACILITY. (a) The commission by rule shall:
(1) adopt specific, uniform road specifications and
safety standards for access to solid waste facilities that accept
or process municipal solid waste or hazardous waste; and
(2) require as a condition of a permit that the permit
holder comply with the rules adopted under Subdivision (1).
(b) Rules adopted under Subsection (a)(1) must:
(1) include standards or requirements for:
(A) safe railroad grade crossings;
(B) spill containment in high-risk areas;
(C) sufficient flood protection;
(D) vehicle weight and load limits that ensure
the access of commercial motor vehicles to the solid waste facility
without causing damage to the access routes;
(E) sight distance, as that term is defined by
Section 255.001, Transportation Code; and
(F) appropriate traffic control devices and
lighting;
(2) require the permit holder to be financially
responsible for access route improvements and maintenance and to
reimburse a local governmental entity for any costs incurred by
that entity for improvements made to and maintenance of the access
routes; and
(3) require the permit holder to provide access to the
solid waste facility only through:
(A) a public highway;
(B) a dedicated county or municipal road;
(C) an easement for which the permit holder holds
a fee simple title; or
(D) an easement for which all owners of the
easement have agreed in writing to the use of the easement for
ingress and egress to the facility.
(c) The commission shall enforce this section, including
rules adopted under this section and conditions imposed under a
rule adopted under this section, and take an enforcement action
against a permit holder who violates this section.
SECTION 2. As soon as practicable after the effective date
of this Act, the Texas Commission on Environmental Quality shall
adopt the rules required by Section 361.125, Health and Safety
Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2021.