The Texas Legislature opened its 79th biennial session on January 11, 2005. Texas' 150 state representatives and 31 senators have until the session's close on May 30th to address the most pressing problems facing Texas today. |
Some 5,600 bills have been filed this session and more than 100 directly impact the solid waste industry. Highlighted below are just a few of the key issues that the TxSWANA Board and Legislative Committee are tracking and working on to protect our members. Since these summaries only present highlights o f each piece of legislation, the full text of the particular measure should be consulted to determine the extent of its impacts or applicability to any situation. For further information on this or other legislation, please visit the Legislature's website: http://www.capitol.state.tx.us. The website allows you to search for bills filed by bill number, author, subject, committee and/or a keyword.
-Companion: SB 519 by Armbrister
Relating to compliance histories for and incentives to reward compliance performance by entities regulated by the Texas Commission on Environmental Quality.
Summary:
The major difference between past bills and H.B. 86 is the complete elimination of the requirement to classify entities based on compliance history. The major change made in 2001 relating to use of regulatory flexibility involved a new requirement that, when requesting the use of this program, a clear environmental benefit had to be shown. Previously, an entity applying for regulatory flexibility only had to show that the entity would meet the existing standard or goal. H.B. 86 would allow the use of these programs upon a showing of an equivalent environmental benefit. The legislation in 2001 also established a new requirement that the agency establish a uniform standard for evaluating compliance history and a new requirement for ranking all regulated entities based on compliance history. Notices of violation were specifically required to be a part of compliance history. The ranking system provided that entities be ranked as "poor performers," "average performers," or "high performers." H.B. 86 would provide more flexibility to the agency by eliminating the requirement for a single uniform standard for all entities and eliminating the requirement for a ranking system. It would eliminate the requirement that TCEQ use notices of violation in compliance history. H.B. 86 also provides guidance for the agency concerning the definition of "repeat violator" and placing information on the internet."
Relating to procedures for providing notice of intent to obtain certain permits issued by the Commission on Environmental Quality.
Summary:
The bill requires applicants for certain permits issued by the Texas Commission on Environmental Quality to provide notice by certified mail to adjacent land owners of their intent to obtain a permit, and prohibits publication of notice in newspapers on legal state or national holidays or on weekends preceding or following legal state or national holidays. The bill relates to TCEQ permitting activities under Chapter 26 (Water Quality Control), Water Code, Chapter 27 (Injection Wells), Water Code, Chapter 361 (Solid Waste Disposal Act), Health & Safety Code, and Chapter 382 (Clean Air Act), Health & Safety Code.
Relating to the authority of county governments to prohibit solid waste disposal.
Summary:
The existing county siting ordinance authority statute says that a county can adopt an ordinance that prohibits waste disposal anywhere in the county so long as it specifically allows waste disposal somewhere in the county. This bill would take away the requirement to specifically designate where waste would be allowed, but then allows the TCEQ, if it believes the location in permit application is appropriate for a landfill, to trump the county's ordinance if the county either: (1) does not designate where waste is allowed; or (2) designates only place(s) that the TCEQ believes are inappropriate.
Relating to the location of municipal solid waste landfills.
Summary:
This bill would prohibit the permitting of a new, or expansion of an existing, MSW landfill within 1,000 feet of an established residence, church, school, day-care center, or public park, or if the landfill site boundary is not at least 75 feet from the landfill unit.
Relating to county abatement of a public nuisance.
Summary:
HB 1287 permits a county to bring suit to prohibit or control access to a premises where a large amount of uncontained refuse is located in a neighborhood, where hazardous visual obstructions exist, where refuge exists within 20 ft. of a utility line or within the utility easement. The court may grant relief only if the county demonstrates that the owner or person responsible has not responded sufficiently to previous notices. The bill amends the notice requirements to require the violator to remove the nuisance within 31 days of receiving their first notice or within 10 days of receipt of any subsequent notice. The county is allowed to control access to the premises and the violator may submit a written request for a hearing within 31 days of receipt of the first notice or 10 days of receipt of a subsequent notice. The bill permits counties to receive funds from the state's cleanup funds if the cost to the county exceeds the assessed value of the property where the nuisance occurs.
Relating to the allowed wastes and exemptions applicable to certain municipal solid waste landfill units in arid areas.
Summary:
This bill expands the small arid MSW landfill exemption. It provides that the landfill may dispose of less than 20 tons of construction or demolition waste per day in addition to the normal intake of municipal solid waste (up to 20 tons per day). It requires TCEQ to adopt rules to implement the bill in a way that does not violate federal law.
Relating to a notification requirement concerning certain permit applications for municipal solid waste facilities.
Summary:
Amends Chapter 361, Health and Safety Code, by creating a new section regarding additional notice requirements for MSW facilities. Requires TCEQ to require applicants for permits, amendments, or modifications (if notice of the modification is required by TCEQ rule) to mail notice to (1) each residential and business address within one mile of the facility; and (2) each owner of property within one mile of the facility as per appraisal district records. Applicants must certify their compliance with this section, which creates a rebuttable presumption of compliance.
Relating to the authority of a county to require waste haulers to be licensed as a waste hauler.
Summary:
Amends Section 369.013(b), H&S Code, to eliminate the exemption from county licensure for a waste hauler "operating regularly in more than three counties."
-Companion: SB 1281 by Armbrister
Relating to the regulation and permitting of a commercial industrial solid waste facility connected to a publicly owned treatment works facility.
Summary:
Provides that a commercial industrial solid waste facility may not receive industrial solid waste for discharge into a publicly owned treatment works facility without first obtaining from TCEQ a permit under Ch. 361, Health & Safety Code, or a permit under Chapter 26, Water Code.
Relating to consideration by the Commission Environmental Quality of a landfill's impact on the transportation systems and economic development of the area in which the landfill is located or proposed to be located.
Summary:
Amends 361.123, H&S Code, to require TCEQ, when reviewing an application to construct a landfill or of an application for an amendment to modify a landfill, to consider the impact of the landfill or modification on the transportation system in the county of the landfill and on the economic development of the area surrounding the landfill.
Relating to the Texas emissions reduction plan.
Summary:
HB 2481 would revise several statutory provisions regarding the Texas Emissions Reduction Plan (TERP) including addressing the date of expiration of the TERP and the allocation of TERP funds. HB 2581 would extend the life of the TERP by an additional 5 years until August 13, 2013. HB 2581 also makes changes to the allocation of the TERP fund to devote more funds to the development of new technology research and development. The legislation amends the statutory language to direct TXDOT to remit the amount of money collected under the vehicle certificate of title fees program to the Comptroller for credit to the TERP fund.
-Companion: SB 1542 by Armbrister
Relating to certain permitting procedures of the Commission on Environmental Quality.
Summary:
House Bill 2758 would make numerous changes to the current permitting procedures in place at the TCEQ, including significant revisions to the contested case hearings process. HB 2758 revises Chapters 5, 26, and 27 of the Water Code; Chapters 361 and 382 of the Health and Safety Code; and Chapter 2003 of the Government Code. Under HB 2758, the Executive Director of the TCEQ would be named as a party in hearings before the TCEQ as opposed to only those matters in which the Executive Director bears the burden of proof. The legislation changes the findings that must be made before the TCEQ can refer an issue to SOAH for a contested case hearing and establishes that an applicant may reque st that the TCEQ ask SOAH for a preliminary proceeding on whether a contested case hearing may be brought. HB 2758 amends Chapters 26 (Water Quality Control) and Chapter 27 (Injection Wells) to allow the TCEQ to approve applications regarding permits without public hearings unless certain criteria is met which require such TCEQ action. HB 2758 makes changes to Chapter 361 of the Health and Safety Code (Solid Waste Disposal Act) to authorize the TCEQ to act on a permit application, permit amendment, or renewal of a permit without providing an opportunity for a contested case hearing, unless the application falls within certain parameters. The legislation also limits the situations under which the TCEQ must hold a public hearing in response to a notice of contest on permit applications under Chapter 382 of the Health and Safety Code (Clean Air Act).
Relating to the revocation of certain waste-related permits issued by the Commission on Environmental Quality.
Summary:
Allows TCEQ, after notice and hearing, to revoke a permit for a municipal solid waste landfill facility, transfer station, sludge disposal facility, or an injection well if: (1) the facility, station, or well has not begun to receive the waste materials for which the permit was issued on or before the sixth anniversary of the date the permit was issued; and (2) the commissioners court of the county in which the facility, station, or well is located adopts and forwards to the commission a resolution recommending the revocation of the permit.
-Companion: SB 1676 by Barrientos
Relating to the denial of certain landfill permits by the Commission on Environmental Quality.
Summary:
This bill amends 361.122, Health and Safety Code, to require that the Commission may not issue a Type I landfill or areal expansion if (1) the proposed landfill or expansion is located above or in an area that contains municipal solid waste but does not meet federal regulations or is adjacent to a landfill facility that has applied for the areal expansion permit during the previous 36 months; or (2) if the commissioners of the county adopt a resolution recommending denial prior to final consideration of the application by the Commission.
-Companion: HB 1705 by Bonnen
Relating to the release of a solid waste in connection with dredging and placement or storage of dredged materials by a political subdivision.
Summary:
This bill provides that activities of a water district to facilitate navigation in waters within its jurisdiction (i.e. dredging of materials) are exempt from the provisions of the Solid Waste Disposal Act (Chapter 361, Health & Safety Code) for the dredging and placement of those materials.
-Companion: HB 2131 by Phillips