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The House Committee on Environmental Regulation met on March 15 to discuss HB 631 and HB 960. A video of the hearing can be found here.

 

This report is intended to give you an overview and highlight of the discussions on the various topics the committee took up. It is not a verbatim transcript of the hearing but is based upon what was audible or understandable to the observer and the desire to get details out as quickly as possible with few errors or omissions.

 

HB 631 (Darby) – Relating to local government and other political subdivision regulation of certain solid waste facilities.

  • Refile of amended HB 2723 in the 86th
  • Uniform requirements and a consistent process for solid waste facilities
  • Local governments must balance location with the need for solid waste in their communities
  • Confusion exists because of inconsistencies in applications
  • $1 million permits show that the application process is complicated and expensive
  • TCEQ would be given responsibility
  • Need to reconfirm that TCEQ does have the control, doesn’t change local government jurisdiction over where the facility would exist

 

Stephen Minick, Republic Services Waste Company – for

  • Current law gives TCEQ all aspects of how to control solid waste in code
  • 1999 legislation gave local jurisdiction authority over the site for a facility
  • Can prohibit the location of a facility if you also say where they can go within your jurisdiction
  • Bill draws the line between TCEQ and local authority
  • Does not disturb or modify authority in existing statute
  • 1999 statute prohibited local authorities from banning solid waste facilities in their area, which means other counties would be forced to take in their waste
  • Does not change local government code or any permit housed locally activities
  • Only changes permitting authority for TCEQ under Subchapter B of the Health and Safety Code
  • Dominguez – If a community has a question or objection in the application process, could they voice their concerns to TCEQ?
    • Yes, it is a very open process, can litigate in district court if need be
  • Reynolds – To your knowledge, it doesn’t take away input from a local authority?
    • No, public participation doesn’t change, it doesn’t change local authority to choose the site
  • Dean – So TCEQ would have the last decision in confirming where the site is after chosen by the local government, TCEQ is just confirming if it is acceptable?
    • Correct, they are parallel but separate processes. TCEQ issues the permit and you still have to comply. You would be able to do either one first but then have to go through the other

 

Robin Schneider, Executive Director of Texas Campaign for the Environment – against

  • On average, there are 53 years of capacity in landfills with the current trajectory in Texas
  • No need to rush landfill permits
  • Most counties don’t have landfills, there are mega landfills
  • Landfills tend to leak in Texas
  • Site ordinance is important, but the folks in the area don’t realize what is going on until it is too late
  • Most counties don’t go through the trouble to review where landfills should go and sometimes only half of the application is submitted to preempt a decision by the county to pass a weak site ordinance
  • Worried about the effect on floodplain and building ordinances
  • Concerned about what will be overruled
  • Seeks to expand 53-year average by recycling

 

Bruce Bennett, Attorney/A&B Cattle Company – against

  • Could cause millions to lose their flood insurance coverage
  • Federal law requires those participating in national flood insurance program to engage in oversight from a local level, could be banned if they don’t enforce these floodplain regulations
  • Local communities are required to exceed national minimum criteria of regulation standards
  • A permit from the local community is required before they apply at TCEQ
  • Prevents waste by preventing costly projects that will get denied, current law calls for lack of uniformity on purpose for this reason
  • Local data and maps are more up to date than FEMA/TCEQ maps
  • Locals know their needs more than TCEQ/FEMA
  • Thinks bill is unconstitutional
  • Dominguez – Main concern is giving permit that will further contaminate the water supply?
    • Yes, FEMA has floodplain data that makes the area seem smaller than it actually is, evidence with Hurricane Harvey

 

Marissa Perales, Environmental Law Firm Attorney – against

  • Want to ensure landfills are developed on suitable sites
  • Essential that TCEQ prioritize the local government insight
  • Local authorities have priority because they know more, prevents embarking on an expensive process
  • Applications have to embark to local authorities first in relation to any permitting issues
  • Incentivizes locals to do research that would otherwise not be done
  • TCEQ would need considerably more resources to do anything like this
  • Should be encouraging more collaboration with local governments not less

 

Drew Darby, Texas House Representative – for

  • There is a struggle to find uniformity
  • We have charged TCEQ with the responsibility to find conformity, the idea of having local ordinances say you have to go through them first undermines the process and authority of the state agency
  • We need to ensure we have security for groundwater sources, they comply, and we have enough landfill space
  • Dean – Every city and county knows their floodplains, if there is a problem with runoff then that city or county will not recommend a site?
    • Correct, they still have authority in that regard
  • Dean – What kind of money will they have to spend to maintain a facility that is near a floodplain?
    • Those matters will go to TCEQ and they do not undermine FEMA’s authority, you cannot dump waste into a floodplain
  • Goodwin – Would all operators pay $1 million?
    • This is what it would cost to obtain the permit, there is a lot of research and environmental studies in order to apply for a permit
  • Goodwin – Would they still be required to do this?
    • Yes, because it is expensive, they want to make sure the process and policy is the same throughout the state
  • Goodwin – So it is a high cost because it isn’t uniform throughout the state?
    • No, an uncontested site is this expensive
  • Goodwin – Are you saying that we don’t have enough space?
    • I haven’t looked into that, but we have a growing state
  • Goodwin – Are you disputing that we have leaks?
    • No, this bill doesn’t take away from that

HB 631 left pending

 

HB 960 (Allen) – Relating to the location of certain public meetings for certain permits issued by the Texas Commission on Environmental Quality.

  • District 131 has 17 landfills/concrete crushers
  • We usually hold a meeting prior to a proposal upon request of local representative
  • Public meetings not required to be held near impacted area
  • Many constituents not able to make it to the meeting
  • Want a meeting in the district as opposed to the county, preferable as close as possible
  • Kacal – Where exactly is District 131?
    • It’s out past the Astro Dome by about 5 miles on the south side
  • Reynolds – In essence, you are trying to make the process more convenient for those who will be affected?
    • Yes, that is all I’m asking
  • Reynolds – Some counties are the size of a small state, this will make it easier
  • Morales Shaw – Is it true that we have a metro system that doesn’t reach these areas?
    • Yes, even if you were elderly, you wouldn’t be able to make it to some locations
  • Landgraf – If we are dealing with a multi-county district, it doesn’t change anything for those counties?
    • It doesn’t
  • Dean – I like this bill so much that we should vote on this right now!

 

Ender Reed, Harris County Intergovernmental Affairs Director – for

  • We don’t have the transportation to get out to these areas
  • Community centers are 54 miles away, 42 miles away, 40 miles away, and 39 miles away respectively in Rep. Alma’s district

 

Adrian Shelley, Public Citizen – for

  • Massive number of permit applications
  • TCEQ required to hold meetings if the representative wants one, but do it for public interest
  • Typically get 40-60 people at an average meeting
  • State has an interest to make good and effective public meetings

 

Erin Chancellor, Director for the Department of Legal Services for TCEQ – resource

  • Landgraf – Would this change the process for TCEQ?
    • Would require more coordination, wait to be seen if permits will be reduced
  • Landgraf – Is the current statute utilized by the legislature?
    • Yes

HB 960 left pending