Bill Text: TX HB26 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to the permitting of medical waste facilities by the Texas Commission on Environmental Quality.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2023-05-24 - Not again placed on intent calendar [HB26 Detail]
Download: Texas-2023-HB26-Comm_Sub.html
| By: Ordaz (Senate Sponsor - Blanco) | H.B. No. 26 | |
| (In the Senate - Received from the House April 24, 2023; | ||
| April 24, 2023, read first time and referred to Committee on | ||
| Natural Resources & Economic Development; May 19, 2023, reported | ||
| adversely, with favorable Committee Substitute by the following | ||
| vote: Yeas 7, Nays 1; May 19, 2023, sent to printer.) | ||
| COMMITTEE SUBSTITUTE FOR H.B. No. 26 | By: Blanco | |
| COMMITTEE VOTE | ||
| YeaNayAbsentPNV | ||
| BirdwellX | ||
| ZaffiriniX | ||
| AlvaradoX | ||
| BlancoX | ||
| HancockX | ||
| HughesX | ||
| KolkhorstX | ||
| MilesX | ||
| SparksX | ||
|
|
||
|
|
||
| relating to the permitting of medical waste facilities by the Texas | ||
| Commission on Environmental Quality. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 361.0905, Health and Safety Code, is | ||
| amended by amending Subsection (e) and adding Subsections (e-1) and | ||
| (e-2) to read as follows: | ||
| (e) Except as provided by Subsection (e-1), rules [ |
||
| adopted to regulate the operation of municipal solid waste storage | ||
| and processing units apply in the same manner to medical waste only | ||
| to the extent that the rules address: | ||
| (1) permit and registration requirements that can be | ||
| made applicable to a facility that handles medical waste, including | ||
| requirements related to: | ||
| (A) applications; | ||
| (B) site development; | ||
| (C) notice; and | ||
| (D) permit or registration duration and limits; | ||
| (2) minor modifications to permits and registrations, | ||
| including changes in operating hours and buffer zones; | ||
| (3) the reconciliation of conflicting site operation | ||
| plan provisions for a site that conducts activities that require a | ||
| separate permit or authorization; | ||
| (4) waste acceptance and analysis; | ||
| (5) facility-generated waste, including wastewater | ||
| and sludge; | ||
| (6) contaminated water management; | ||
| (7) on-site storage areas for source-separated or | ||
| recyclable materials; | ||
| (8) the storage of waste: | ||
| (A) to prevent the waste from becoming a hazard, | ||
| including a fire hazard, to human health or safety; | ||
| (B) to ensure the use of sufficient containers | ||
| between collections; and | ||
| (C) to prevent the waste from becoming litter; | ||
| (9) closure requirements for storage and processing | ||
| units; | ||
| (10) recordkeeping and reporting requirements, except | ||
| for rules regarding the recordkeeping provisions required to | ||
| justify the levels of recovered recycled products; | ||
| (11) fire protection; | ||
| (12) access control; | ||
| (13) unloading waste; | ||
| (14) spill prevention and control; | ||
| (15) operating hours; | ||
| (16) facility signage; | ||
| (17) control of litter, including windblown material; | ||
| (18) noise pollution and visual screening; | ||
| (19) capacity overloading and mechanical breakdown; | ||
| (20) sanitation, including employee sanitation | ||
| facilities; | ||
| (21) ventilation and air pollution control, except as | ||
| those rules apply to: | ||
| (A) process areas where putrescible waste is | ||
| processed; | ||
| (B) the minimal air exposure for liquid waste; | ||
| and | ||
| (C) the cleaning and maintenance of mobile waste | ||
| processing unit equipment; and | ||
| (22) facility health and safety plans, including | ||
| employee training in health and safety. | ||
| (e-1) Not later than the 30th day after the date of filing an | ||
| application for, or notice of intent to file an application for, a | ||
| permit to construct, operate, or maintain a facility to store, | ||
| process, or dispose of medical waste, the applicant shall provide | ||
| notice of the application or notice of intent by hand delivery, | ||
| facsimile, or United States Postal Service mail to: | ||
| (1) the state senator and representative who represent | ||
| the area in which the facility is or is to be located; | ||
| (2) the commissioners court of the county in which the | ||
| facility is or is to be located; and | ||
| (3) the governing body of the municipality in which | ||
| the facility is or is to be located, if applicable. | ||
| (e-2) The applicant shall submit to the commission proof | ||
| that notice has been provided in accordance with Subsection (e-1). | ||
| SECTION 2. Sections 361.0905(e-1) and (e-2), Health and | ||
| Safety Code, as added by this Act, apply only to an application | ||
| related to a permit for a medical waste facility that is submitted | ||
| to the Texas Commission on Environmental Quality on or after the | ||
| effective date of this Act. An application related to a permit for | ||
| a medical waste facility that was submitted to the Texas Commission | ||
| on Environmental Quality before the effective date of this Act is | ||
| governed by the law in effect at the time the application was filed, | ||
| and the former law is continued in effect for that purpose. | ||
| SECTION 3. This Act takes effect September 1, 2023. | ||
| * * * * * | ||
