HBA-MPM H.B. 2106 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2106 By: Chavez Environmental Regulation 3/11/1999 Introduced BACKGROUND AND PURPOSE Currently, Texas law does not explicitly recognize the La Paz Agreement of 1983 between the United States and the United Mexican States to protect both sides of the border area from undue pollution or hazardous or radioactive waste. H.B. 2106 establishes a 100-kilometer waste-free margin north of the international border between the United States and Mexico, thus, bringing Texas in accordance with the La Paz Agreement. 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 (TNRCC) in SECTION 2.01 (Section 361.1025) and that rulemaking authority previously delegated to the Texas Board of Health and TNRCC is modified in SECTION 2.02 (Section 401.111, Health and Safety Code) of this bill. SECTION BY SECTION ANALYSIS ARTICLE 1. RECOGNITION OF LA PAZ AGREEMENT SECTION 1.01. POLICY. Sets forth the state's policy regarding cooperation between the United States and Mexico and the consideration of pollution, hazardous waste and radioactive waste. SECTION 1.02. IMPORTANCE OF TREATY; TEXT OF TREATY. Defines the "La Paz Agreement" as the Agreement Between the United States of America and the United Mexican States on Cooperation for the Protection and Improvement of the Environment in the Border Area, August 14, 1983, U.S.-Mexico, T.I.A.S. No. 10,827, and sets forth its text. ARTICLE 2. SITE SELECTION IN BORDER AREAS SECTION 2.01. Amends Subchapter C, Chapter 361, Health and Safety Code, by adding Section 361.1025, as follows: Sec. 361.1025. PROHIBITION ON PERMIT FOR FACILITY IN BORDER AREA. (a) Requires the Texas Natural Resource Conservation Commission (TNRCC) to prohibit, by rule, the issuance of a permit for a new hazardous waste management facility or unit or a new hazardous waste facility (facility or unit) if the boundary of the facility or unit is to be located within 100 kilometers of the border between this state and Mexico. Specifies that a site is located within 100 kilometers of the border if any point on its boundary is closer than 100 kilometers to any point on the border. (b) Requires the 100-kilometer distance to be measured from the border between this state and Mexico as it existed on the date the notice of intent to file a permit application was filed with TNRCC, or if no notice of intent was filed, the date the application was filed. SECTION 2.02 Amends Section 401.111, Health and Safety Code, by amending Subsection (b) and adding Subsection (c), as follows: (b) Requires the Texas Board of Health and TNRCC, in adopting rules for the issuance of licenses under their respective jurisdictions for new sites for processing or disposal of radioactive waste from other persons, to designate as unsuitable any site located within 100 kilometers of the border between this state and Mexico. Makes conforming changes. (c) Created from existing Subsection (b). SECTION 2.03. Amends Section 402.082, Health and Safety Code, to include compliance with the La Paz Agreement among other required matters under Section 402.081 (Disposal Site Selection Studies), Health and Safety Code. Defines "La Paz Agreement" with the meaning assigned it under SECTION 1.01. ARTICLE 3. TRANSITION; EMERGENCY SECTION 3.01. Makes changes in law made by Article 2 of this Act prospective. SECTION 3.02. Emergency clause. Effective date: upon passage.