Texas 2023 - 88th Regular

Texas House Bill HB26 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Ordaz (Senate Sponsor - Blanco) H.B. No. 26
2	2	(In the Senate - Received from the House April 24, 2023;
3	3	April 24, 2023, read first time and referred to Committee on
4	4	Natural Resources & Economic Development; May 19, 2023, reported
5	5	adversely, with favorable Committee Substitute by the following
6	6	vote: Yeas 7, Nays 1; May 19, 2023, sent to printer.)
7	7	Click here to see the committee vote
8	8	COMMITTEE SUBSTITUTE FOR H.B. No. 26 By: Blanco
9	9
10	10
11	11	COMMITTEE VOTE
12	12	YeaNayAbsentPNV
13	13	BirdwellX
14	14	ZaffiriniX
15	15	AlvaradoX
16	16	BlancoX
17	17	HancockX
18	18	HughesX
19	19	KolkhorstX
20	20	MilesX
21	21	SparksX
22	22	A BILL TO BE ENTITLED
23	23	AN ACT
24	24	relating to the permitting of medical waste facilities by the Texas
25	25	Commission on Environmental Quality.
26	26	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
27	27	SECTION 1. Section 361.0905, Health and Safety Code, is
28	28	amended by amending Subsection (e) and adding Subsections (e-1) and
29	29	(e-2) to read as follows:
30	30	(e) Except as provided by Subsection (e-1), rules [Rules]
31	31	adopted to regulate the operation of municipal solid waste storage
32	32	and processing units apply in the same manner to medical waste only
33	33	to the extent that the rules address:
34	34	(1) permit and registration requirements that can be
35	35	made applicable to a facility that handles medical waste, including
36	36	requirements related to:
37	37	(A) applications;
38	38	(B) site development;
39	39	(C) notice; and
40	40	(D) permit or registration duration and limits;
41	41	(2) minor modifications to permits and registrations,
42	42	including changes in operating hours and buffer zones;
43	43	(3) the reconciliation of conflicting site operation
44	44	plan provisions for a site that conducts activities that require a
45	45	separate permit or authorization;
46	46	(4) waste acceptance and analysis;
47	47	(5) facility-generated waste, including wastewater
48	48	and sludge;
49	49	(6) contaminated water management;
50	50	(7) on-site storage areas for source-separated or
51	51	recyclable materials;
52	52	(8) the storage of waste:
53	53	(A) to prevent the waste from becoming a hazard,
54	54	including a fire hazard, to human health or safety;
55	55	(B) to ensure the use of sufficient containers
56	56	between collections; and
57	57	(C) to prevent the waste from becoming litter;
58	58	(9) closure requirements for storage and processing
59	59	units;
60	60	(10) recordkeeping and reporting requirements, except
61	61	for rules regarding the recordkeeping provisions required to
62	62	justify the levels of recovered recycled products;
63	63	(11) fire protection;
64	64	(12) access control;
65	65	(13) unloading waste;
66	66	(14) spill prevention and control;
67	67	(15) operating hours;
68	68	(16) facility signage;
69	69	(17) control of litter, including windblown material;
70	70	(18) noise pollution and visual screening;
71	71	(19) capacity overloading and mechanical breakdown;
72	72	(20) sanitation, including employee sanitation
73	73	facilities;
74	74	(21) ventilation and air pollution control, except as
75	75	those rules apply to:
76	76	(A) process areas where putrescible waste is
77	77	processed;
78	78	(B) the minimal air exposure for liquid waste;
79	79	and
80	80	(C) the cleaning and maintenance of mobile waste
81	81	processing unit equipment; and
82	82	(22) facility health and safety plans, including
83	83	employee training in health and safety.
84	84	(e-1) Not later than the 30th day after the date of filing an
85	85	application for, or notice of intent to file an application for, a
86	86	permit to construct, operate, or maintain a facility to store,
87	87	process, or dispose of medical waste, the applicant shall provide
88	88	notice of the application or notice of intent by hand delivery,
89	89	facsimile, or United States Postal Service mail to:
90	90	(1) the state senator and representative who represent
91	91	the area in which the facility is or is to be located;
92	92	(2) the commissioners court of the county in which the
93	93	facility is or is to be located; and
94	94	(3) the governing body of the municipality in which
95	95	the facility is or is to be located, if applicable.
96	96	(e-2) The applicant shall submit to the commission proof
97	97	that notice has been provided in accordance with Subsection (e-1).
98	98	SECTION 2. Sections 361.0905(e-1) and (e-2), Health and
99	99	Safety Code, as added by this Act, apply only to an application
100	100	related to a permit for a medical waste facility that is submitted
101	101	to the Texas Commission on Environmental Quality on or after the
102	102	effective date of this Act. An application related to a permit for
103	103	a medical waste facility that was submitted to the Texas Commission
104	104	on Environmental Quality before the effective date of this Act is
105	105	governed by the law in effect at the time the application was filed,
106	106	and the former law is continued in effect for that purpose.
107	107	SECTION 3. This Act takes effect September 1, 2023.
108	108	* * * * *