All Roll Calls
Yes: 249 • No: 123
Sponsored By: Maura Hirschauer (Democratic)
Became Law
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Since August 25, 2017, applicants must give written notice at least 14 days before filing. Owners in the subject area and within 250 feet (up to 400 feet including public ways) get notice, plus state legislators, and a newspaper notice runs. The full application is filed with the county or city and open to the public; copies cost the actual reproduction price. Anyone can submit written comments up to 30 days after the last hearing. A public hearing must be held 90–120 days after the request, with advance notices, and the applicant must present a witness for cross‑examination. Hearings must be accessible; the local board certifies this in the record. The board issues a written decision with reasons and can add reasonable conditions. Any host agreement made before the final decision must be placed in the record, including a written summary of any oral terms.
Since August 25, 2017, local boards only approve new pollution control sites that meet tough rules. The site must be needed, protect public health, fit nearby land uses, and avoid the 100‑year floodplain or be flood‑proofed. It must limit traffic harms, have accident and hazardous‑waste emergency plans, match the county solid waste plan, and protect regulated recharge areas. The Pollution Control Board also sets geologic and hydrologic siting rules to protect usable groundwater. For hazardous‑waste facilities, those rules are at least as strict as federal RCRA standards.
Since August 25, 2017, this law’s siting process is the only process for covered new pollution control facilities; local zoning does not control those siting decisions. Facilities inside cities with over 1,000,000 people are exempt and remain under local zoning. Transfer stations used only for landscape waste and holding it no longer than 24 hours are also exempt from local siting approval, but must meet local zoning.
Since August 25, 2017, a local siting approval transfers to a new owner or operator. All prior conditions and host agreement terms carry over unless the new owner and local board agree to changes. Approvals expire after 2 years, or after 3 years for sanitary landfills, unless the applicant applies to the Agency for a permit to develop during that period. If there was an appeal, the clock starts when the appeal ends. If a development permit expires, the related siting approval also expires.
Since August 25, 2017, if the local board takes no final action within 180 days, the siting request is deemed approved. An applicant may file one amended application before finishing its evidence; this adds 90 days to the decision deadline and may require extra fees. You cannot refile a substantially similar request within two years if it was disapproved under the siting criteria. A new facility that never had local siting approval must get local approval after a final decision upholding a permit denial.
Since August 25, 2017, a county or city may charge applicants a reasonable fee to cover siting review costs. In any review case, the petitioner must pay to prepare and certify the record, or remedies in Civil Procedure Section 3‑109 apply. A citizens’ group that took part and is located so as to be affected does not pay those record costs.
Since August 25, 2017, siting authorities may ask the state transportation department to study traffic impacts and related emissions for proposed sites. The department may charge a fee to cover the cost of an emissions study. These studies give local boards technical data to judge traffic and air impacts.
Maura Hirschauer
Democratic • House
Aarón M. Ortíz
Democratic • House
Anne Stava
Democratic • House
Barbara Hernandez
Democratic • House
Dagmara Avelar
Democratic • House
Edgar González, Jr.
Democratic • House
Elizabeth "Lisa" Hernandez
Democratic • House
Eva-Dina Delgado
Democratic • House
Jaime M. Andrade, Jr.
Democratic • House
Karina Villa
Democratic • Senate
Lilian Jiménez
Democratic • House
Norma Hernandez
Democratic • House
All Roll Calls
Yes: 249 • No: 123
House vote • 5/30/2025
Senate Committee Amendment No. 1 House Concurs
Yes: 77 • No: 39
House vote • 5/29/2025
Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Energy & Environment Committee;
Yes: 16 • No: 5
Senate vote • 5/22/2025
Third Reading - Passed;
Yes: 37 • No: 19
Senate vote • 5/8/2025
Do Pass as Amended Environment and Conservation;
Yes: 7 • No: 3
House vote • 4/10/2025
Third Reading - Short Debate - Passed
Yes: 76 • No: 38
House vote • 4/9/2025
House Floor Amendment No. 2 Recommends Be Adopted Energy & Environment Committee;
Yes: 17 • No: 9
House vote • 3/11/2025
Do Pass / Short Debate Energy & Environment Committee;
Yes: 19 • No: 10
Public Act . . . . . . . . . 104-0223
Effective Date January 1, 2026
Governor Approved
Sent to the Governor
Passed Both Houses
House Concurs
Senate Committee Amendment No. 1 House Concurs 077-039-000
Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Energy & Environment Committee; 016-005-000
Senate Committee Amendment No. 1 Motion to Concur Rules Referred to Energy & Environment Committee
Senate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
Senate Committee Amendment No. 1 Motion Filed Concur Rep. Maura Hirschauer
Placed on Calendar Order of Concurrence Senate Amendment(s) 1
Arrived in House
Third Reading - Passed; 037-019-000
Placed on Calendar Order of 3rd Reading May 14, 2025
Second Reading
Placed on Calendar Order of 2nd Reading May 13, 2025
Do Pass as Amended Environment and Conservation; 007-003-000
Senate Committee Amendment No. 1 Adopted
Senate Committee Amendment No. 1 Assignments Refers to Environment and Conservation
Senate Committee Amendment No. 1 Referred to Assignments
Senate Committee Amendment No. 1 Filed with Secretary by Sen. Karina Villa
Assigned to Environment and Conservation
Referred to Assignments
First Reading
Engrossed
Enrolled
House Amendment 1
House Amendment 2
Introduced
Senate Amendment 1