HBA-MPM H.B. 1028 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1028 By: Turner, Sylvester Environmental Regulation 3/1/1999 Introduced BACKGROUND AND PURPOSE In the Texas Environmental Equity and Justice Task Force Report, the task force found that, "Texas laws and regulations are neutral on their face and are moving in a favorable direction respecting pollution prevention and risk-based decision making." However, some feel that lower income and minority communities house a disproportionately high concentration of solid waste facilities. H.B. 1028 prohibits the disproportionate siting of solid waste facilities in these areas and directs the Texas Natural Resource Conservation Commission to consider the impacts of multiple sources of pollution on a community as part of the permit process. Furthermore, this bill requires applicants to hold a public meeting and give public notification prior to the siting of future waste sites. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Natural Resource Conservation Commission in SECTION 6 (Section 361.070) and SECTION 7 (Section 5.125) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 361.002, Health and Safety Code, by adding Subsection (c), as follows: (c) Provides that it is the state's policy to ensure that new solid waste facilities (facilities) are not located disproportionately in preexisting, low-income, minority, or other communities and that the adverse effects of the facilities on these communities are minimized, while ensuring that the state has adequate solid waste management capacity. SECTION 2. Amends Section 361.020(a), Health and Safety Code, to require that the strategic state solid waste plan (state plan) for the reduction of solid waste developed by the Texas Natural Resource Conservation Commission (commission) ensure that new facilities are not located disproportionately in low-income, minority, or other communities to minimize the adverse effects of facilities on those communities. Provides that the state plan require the consideration of the effect the presence of multiple sources of pollution and other nuisances may have on the community surrounding a facility. SECTION 3. Amends Section 361.0201(b), Health and Safety Code, to require the comprehensive municipal solid waste management strategic plan developed by the commission to reduce solid waste to assess historical trends regarding the siting of solid waste facilities in low-income, minority, and other communities. Makes nonsubstantive changes. SECTION 4. Amends Section 361.0216, Health and Safety Code, to include environmental justice activities, in addition to source reduction and waste minimization activities, that the office of pollution prevention created in the executive office of the commission is to direct and coordinate. Makes a nonsubstantive change. SECTION 5. Amends Subchapter B, Chapter 361, Health and Safety Code, by adding Section 361.034, as follows: Sec. 361.034. REPORT. Requires the commission to submit a report no later than December 1 of each even-numbered year as required by Section 5.178(b) (Annual Reports; Biennial Appendixes), Water Code, that includes an evaluation of the implementation of the state's policy of ensuring that new facilities are not located disproportionately in low-income, minority, or other communities, and that the adverse effects of the facilities on the communities are minimized. SECTION 6. Amends Subchapter C, Chapter 361, Health and Safety Code, by adding Section 361.070, as follows: Sec. 361.070. PUBLIC MEETING AND NOTICE FOR SOLID WASTE FACILITIES. (a) Requires an applicant for a new facility that accepts municipal solid wastes to hold a public meeting in the county where the proposed facility is to be located. Provides that the meeting must be held before the 45th day after the application is filed. (b) Requires the applicant to publish notice of the public meeting at least once weekly during the three weeks preceding the meeting. Specifies that the notice must be published in the newspaper with the largest circulation in the county where the proposed facility is to be located and that, if a newspaper is not published in the county, the notice must be published in a newspaper of general circulation in the county. (c) Requires the applicant to present the commission with an affidavit certifying that the notice was published as required by Subsection (b). Provides that the commission's acceptance of the affidavit raises a presumption that the applicant has complied with this subsection. (d) Specifies that the published notice may not be smaller than 96.8 square centimeters or 15 square inches, with the shortest dimension not less than 7.5 centimeters or three inches. Provides that the notice must contain the permit application number, the applicant's name, the proposed location of the facility, and the location and availability of copies of the application. (e) Requires the applicant to pay the cost of the notice. Authorizes the commission, by rule, to establish a payment procedure for those costs. (f) Requires the meeting to include a discussion of various aspects of the proposed facility, including compatibility of the facility with state or regional solid waste management plans, other sites under consideration, and potential benefits to the community. (g) Requires the applicant to mail the commission a report of the proceedings of the meeting, including summaries of the information discussed and input received. Specifies that the report must be postmarked no later than the 30th day after the conclusion of the meeting. SECTION 7. Amends Subchapter D, Chapter 5, Water Code, by adding Section 5.125, as follows: Sec. 5.125. CONSIDERATION OF CUMULATIVE RISKS. (a) Authorizes an affected party to offer, and requires the commission to consider, certain evidence relating to cumulative risks in an administrative proceeding involving the siting, expansion, or operation of a facility that is in the same local area as another facility. (b) Requires the commission to develop and implement policies to protect the public from cumulative risks, particularly in low-income or minority communities and communities where permitted facilities are concentrated. Requires the commission to give priority to monitoring and enforcement in these areas. (c) Requires the commission to adopt rules as necessary to accomplish the purposes of this section. SECTION 8. Amends Section 5.178(b), Water Code, to include Section 361.034 (Sanitation and Environmental Quality), Health and Safety Code, (which has since been repealed by Acts 1997, 75th Legislature) among those sections that require assessments and reports that are in addition to the report due by December 1 of an even-numbered year. SECTION 9. Effective date: September 1, 1999. SECTION 10. Emergency clause.