Texas 2023 - 88th Regular

Texas Senate Bill SB173 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R2074 MP-D
2	2	By: Blanco S.B. No. 173
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the permitting of medical waste facilities by the Texas
8	8	Commission on Environmental Quality.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 361.0905, Health and Safety Code, is
11	11	amended by amending Subsection (e) and adding Subsections (e-1) and
12	12	(e-2) to read as follows:
13	13	(e) Except as provided by Subsection (e-1), rules [Rules]
14	14	adopted to regulate the operation of municipal solid waste storage
15	15	and processing units apply in the same manner to medical waste only
16	16	to the extent that the rules address:
17	17	(1) permit and registration requirements that can be
18	18	made applicable to a facility that handles medical waste, including
19	19	requirements related to:
20	20	(A) applications;
21	21	(B) site development;
22	22	(C) notice; and
23	23	(D) permit or registration duration and limits;
24	24	(2) minor modifications to permits and registrations,
25	25	including changes in operating hours and buffer zones;
26	26	(3) the reconciliation of conflicting site operation
27	27	plan provisions for a site that conducts activities that require a
28	28	separate permit or authorization;
29	29	(4) waste acceptance and analysis;
30	30	(5) facility-generated waste, including wastewater
31	31	and sludge;
32	32	(6) contaminated water management;
33	33	(7) on-site storage areas for source-separated or
34	34	recyclable materials;
35	35	(8) the storage of waste:
36	36	(A) to prevent the waste from becoming a hazard,
37	37	including a fire hazard, to human health or safety;
38	38	(B) to ensure the use of sufficient containers
39	39	between collections; and
40	40	(C) to prevent the waste from becoming litter;
41	41	(9) closure requirements for storage and processing
42	42	units;
43	43	(10) recordkeeping and reporting requirements, except
44	44	for rules regarding the recordkeeping provisions required to
45	45	justify the levels of recovered recycled products;
46	46	(11) fire protection;
47	47	(12) access control;
48	48	(13) unloading waste;
49	49	(14) spill prevention and control;
50	50	(15) operating hours;
51	51	(16) facility signage;
52	52	(17) control of litter, including windblown material;
53	53	(18) noise pollution and visual screening;
54	54	(19) capacity overloading and mechanical breakdown;
55	55	(20) sanitation, including employee sanitation
56	56	facilities;
57	57	(21) ventilation and air pollution control, except as
58	58	those rules apply to:
59	59	(A) process areas where putrescible waste is
60	60	processed;
61	61	(B) the minimal air exposure for liquid waste;
62	62	and
63	63	(C) the cleaning and maintenance of mobile waste
64	64	processing unit equipment; and
65	65	(22) facility health and safety plans, including
66	66	employee training in health and safety.
67	67	(e-1) Not later than the 30th day after the date of filing an
68	68	application for, or notice of intent to file an application for, a
69	69	permit to construct, operate, or maintain a facility to store,
70	70	process, or dispose of medical waste, the applicant shall provide
71	71	notice of the application or notice of intent by hand delivery,
72	72	facsimile, or United States Postal Service mail to:
73	73	(1) the state senator and representative who represent
74	74	the area in which the facility is or is to be located;
75	75	(2) the commissioners court of the county in which the
76	76	facility is or is to be located;
77	77	(3) the governing body of the municipality in which
78	78	the facility is or is to be located, if applicable;
79	79	(4) the governing body of a school district in which
80	80	the facility is or is to be located, if applicable; and
81	81	(5) the tribal council of an Indian tribe on whose
82	82	tribal lands the facility is or is to be located, if applicable.
83	83	(e-2) The applicant shall submit to the commission proof
84	84	that notice has been provided in accordance with Subsection (e-1).
85	85	SECTION 2. Sections 361.0905(e-1) and (e-2), Health and
86	86	Safety Code, as added by this Act, apply only to an application
87	87	related to a permit for a medical waste facility that is submitted
88	88	to the Texas Commission on Environmental Quality on or after the
89	89	effective date of this Act. An application related to a permit for
90	90	a medical waste facility that was submitted to the Texas Commission
91	91	on Environmental Quality before the effective date of this Act is
92	92	governed by the law in effect at the time the application was filed,
93	93	and the former law is continued in effect for that purpose.
94	94	SECTION 3. This Act takes effect September 1, 2023.