HBA-AMW H.B. 44 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 44
By: McClendon
Environmental Regulation
3/15/2001
Introduced



BACKGROUND AND PURPOSE 

Municipal solid waste facilities are often concentrated in certain
geographical areas, placing a disproportionately high amount of the adverse
health and environmental effects from those facilities on residents in the
surrounding communities.  The cumulative effect of various pollutants from
many facilities may cause an area to become saturated if steps are not
taken to help mitigate the pollution.  Under current law, Texas's strategic
solid waste plan does not expressly address the effects that the multiple
siting of solid waste facilities may have on surrounding communities.
House Bill 44 requires the Texas Natural Resource Conservation Commission's
strategic solid waste plan to consider the effect of multiple sources of
pollution, ensure adequate solid waste management capacity, minimize the
adverse effects of solid waste facilities, and refrain from locating solid
waste facilities disproportionately in low income or minority areas. 

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, Health and Safety Code) and
SECTION 7 (Section 5.127, Water Code) of this bill. 

ANALYSIS

House Bill 44 amends the Health and Safety Code and the Water Code to
prescribe and amend policies related to the siting of solid waste
facilities.  The bill amends the Health and Safety Code to modify the
state's solid waste disposal policy to ensure that new solid waste
facilities are not located disproportionately in low-income, minority, or
other communities and that the adverse effects of solid waste facilities on
the communities in which they are located are minimized, while ensuring
that the state has adequate solid waste management capacity.  The bill
requires that the Texas Natural Resource Conservation Commission's (TNRCC)
strategic state solid waste plan (plan)  include provisions to ensure that
new solid waste facilities are not located disproportionately in
low-income, minority, or other communities, and to require the
consideration of the effect the presence of multiple sources of pollution
and other nuisances may have on the community surrounding a solid waste
facility.  The bill requires TNRCC's plan to assess historical trends
regarding the siting of solid waste facilities in low-income, minority, and
other communities.  The bill requires TNRCC to submit a report biennially
to the governor and members of the legislature evaluating the
implementation of the state's policy of ensuring that new solid waste
facilities are not located disproportionately in low-income, minority, or
other communities, and the adverse effects of solid waste facilities on the
communities in which they are located are minimized.  The bill also adds
environmental justice activities to the list of activities that the office
of pollution prevention directs and coordinates for TNRCC. 

H.B. 44 requires an applicant for a new solid waste facility that accepts
municipal solid wastes to hold a public meeting in the county in which the
proposed facility is to be located within 45 days of filing the
application.  The bill requires the meeting to include a discussion of the
compatibility of the proposed facility with relevant state or regional
solid waste management plans, other sites considered for the proposed
facility and the process for selecting the site identified in the
application,  and the effects the facility may have on local residents,
places of worship, schools, day-care centers, or surface water bodies used
to  supply public drinking water.  The bill also requires the meeting to
address potential benefits to the local community of constructing the
proposed facility.  The bill sets forth requirements for the applicant to
publish notice of the public meeting at least once each week during the
three weeks preceding the meeting, requires the applicant to pay the cost
of the notice, and gives TNRCC the authority to establish by rule a
procedure for payment of the costs.  The bill requires the applicant to
mail to TNRCC a report of the proceedings of the meeting postmarked no
later than 30 days after the date the meeting concludes. 

H.B. 44 also amends the Water Code to authorize an affected party to offer,
and require TNRCC to consider, in an administrative proceeding involving
the siting, expansion, or operation of a solid waste facility in the local
area in which other facilities are located evidence relating to the
cumulative risks involved. Evidence relating to cumulative risks includes
the effect of releases, emissions, or discharges from the facility and from
other facilities in the area, the potential for exposure to a particular
substance by means of multiple pathways, and the combined level of noise,
odor, and other impacts from the facility and other facilities in the area.
The bill requires TNRCC to develop and implement policies to protect the
public from cumulative risks, particularly in low-income or minority
communities and communities in which permitted facilities are concentrated.
The bill also requires TNRCC to give priority to monitoring and enforcement
in areas in which permitted facilities are concentrated and requires TNRCC
to adopt rules as necessary to accomplish these purposes.   

EFFECTIVE DATE

September 1, 2001.