HBA-MPM S.B. 486 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 486 By: Brown Environmental Regulation 4/9/1999 Engrossed BACKGROUND AND PURPOSE Current law contains provisions which provide for the role of local governments' landfill siting ordinances in the siting process for solid waste facilities. The Solid Waste Disposal Act provides that a landfill permit applicant has 270 days to submit additional information to the Texas Natural Resource Conservation Commission (TNRCC) to make a landfill permit administratively complete. S.B. 486 clarifies the power of local governments to use landfill ordinances to restrict the areas within their jurisdictions where new municipal or industrial landfills may be sited. This bill limits the application of the local ordinances to those permit applications filed with TNRCC after the ordinances become effective. The bill also instructs TNRCC to establish, by rule, the deadline by which a landfill permit applicant must submit the additional information requested. 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 SECTIONS 1, 3 and 4 (Sections 361.066, 363.112, and 364.012, respectively, Health and Safety Code), of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 361.066, Health and Safety Code, by amending Subsection (a) and adding Subsection (c), as follows: (a) Provides that an applicant must submit any portion of an application that the Texas Natural Resources Conservation Commission (TNRCC) determines necessary to make it administratively complete no later than the deadline set by TNRCC under Subsection (c), rather than the 270th day after the applicant receives notice from TNRCC that the additional information or material is needed. (c) Requires TNRCC, by rule, to establish a deadline for the submission of additional information or material after the applicant receives notice from TNRCC that the information or material is needed to make the application administratively complete. SECTION 2. Amends Section 361.152, Health and Safety Code, to prohibit the powers specified by Section 364.011 (County Adoption of Solid Waste Rules), rather than Sections 364.011 and 364.012 (Prohibiting Solid Waste Disposal in County), Health and Safety Code, among other sections, from being exercised by a county with respect to the industrial solid waste disposal practices and areas to which Section 361.090 (Regulation and Permitting of Certain Industrial Solid Waste Disposal), Health and Safety Code, applies. SECTION 3. Amends Section 363.112, Health and Safety Code, by amending Subsections (a) and (c) and adding Subsections (d) and (e), as follows: (a) Specifies that the prohibition of the processing or disposal of solid waste that is municipal or industrial, rather than "solid waste," in certain areas of a municipality or county must by ordinance or order specifically designate the area of the municipality or county, as appropriate, in which the disposal of municipal or industrial solid waste will not be prohibited. (c) Prohibits the governing body of a municipality or county from prohibiting the processing or disposal of municipal or industrial solid waste in an area of the municipality or county for which an application for a permit or other authorization under Chapter 361 (Solid Waste Disposal Act), Health and Safety Code, has been issued by TNRCC or that is filed with and is pending before TNRCC. (d) Prohibits TNRCC from granting an application for a permit to process or dispose of municipal or industrial solid waste in an area where the processing or disposal is prohibited by ordinance or order authorized by Subsection (a), unless the governing body of the municipality or county violated Subsection (c) in passing the ordinance or order. Authorizes TNRCC, by rule, to establish procedures for determining whether an application is for the processing or disposal of such waste in an area for which that processing or disposal is prohibited by ordinance or order. (e) Prohibits the powers specified by this section from being exercised by the governing body of a municipality or county with respect to areas to which Section 361.090, Health and Safety Code, applies. Deletes text which makes this section inapplicable to a municipality or county that has adopted solid waste management plans approved by TNRCC under Section 363.063 (Local Solid Waste Management Plan), Health and Safety Code. SECTION 4. Amends Section 364.012, Health and Safety Code, by amending Subsections (a) and (b) and adding Subsections (e), (f), and (g), as follows: (a) Makes conforming changes. (b) Deletes text which makes the requirement in this subsection inapplicable if the county has adopted solid waste disposal guidelines approved by TNRCC. Makes conforming changes. (e) Prohibits the commissioners court of a county from prohibiting the processing or disposal of municipal or industrial solid waste in an area of a county for which an application for a permit or other authorization under Chapter 361, Health and Safety Code, has been granted by TNRCC or has been filed with and is pending before TNRCC. (f) Prohibits TNRCC from granting an application for a permit to process or dispose of municipal or industrial solid waste in an area where the processing or disposal of such waste is prohibited by ordinance, unless the county violated Subsection (e) in passing the ordinance. Authorizes TNRCC, by rule, to specify the procedures for determining whether such an application is for the disposal of such waste in an area for which that processing or disposal is prohibited by ordinance. (g) Prohibits the powers specified by this section from being exercised by a county with respect to areas to which Section 361.090, Health and Safety Code, applies. SECTION 5. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 6. Emergency clause.