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.