73R9753 MI-F
By Saunders H.B. No. 2048
Substitute the following for H.B. No. 2048:
By Kuempel C.S.H.B. No. 2048
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to municipal solid waste management.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. The legislature finds that:
1-5 (1) the reduction of the municipal solid waste stream
1-6 by encouraging affordable waste management alternatives is a key
1-7 strategy in state-local waste management policy;
1-8 (2) improving all the municipal solid waste management
1-9 techniques is necessary to achieve the goal of reducing the
1-10 municipal solid waste stream;
1-11 (3) waste reduction efforts should focus on waste
1-12 stream components that are highest in volume;
1-13 (4) a municipal solid waste infrastructure that
1-14 encourages waste reduction through an integrated system of
1-15 environmentally and economically sound waste management practices,
1-16 including the use of source reduction, reuse, recycling,
1-17 composting, and resource recovery processes, should be developed;
1-18 (5) goals for progress in waste reduction should be
1-19 provided;
1-20 (6) flexible and effective means of implementing and
1-21 enforcing municipal solid waste laws should be provided;
1-22 (7) incentives for individuals and businesses to
1-23 reduce amounts of garbage produced should be created;
1-24 (8) incentives for businesses to use recycled
2-1 materials should be created;
2-2 (9) the actual cost of municipal solid waste disposal
2-3 should be imposed on those that place municipal solid waste in the
2-4 solid waste stream in order to pay for infrastructure development
2-5 and to encourage waste reduction from landfills; and
2-6 (10) a comprehensive collection program that provides
2-7 recycling opportunities for individuals should be established.
2-8 SECTION 2. Section 361.014, Health and Safety Code, is
2-9 amended to read as follows:
2-10 Sec. 361.014. Use of Solid Waste Fee Revenue. Revenue
2-11 received by the commission <department> under Section 361.013 shall
2-12 be deposited in the state treasury to the credit of the commission
2-13 <department>. At least half the revenue is dedicated to the
2-14 commission's <department's> municipal solid waste permitting and
2-15 enforcement programs and related support activities, and the
2-16 balance of the revenue is dedicated to pay for activities that will
2-17 enhance the state's solid waste management program, including:
2-18 (1) provision of funds for the municipal solid waste
2-19 management planning fund and the municipal solid waste resource
2-20 recovery applied research and technical assistance fund established
2-21 by the Comprehensive Municipal Solid Waste Management, Resource
2-22 Recovery, and Conservation Act (Chapter 363);
2-23 (2) conduct of demonstration projects and studies to
2-24 help local governments of various populations to convert to
2-25 accounting systems and set rates that reflect the full costs of
2-26 providing waste management services and are proportionate to the
2-27 amount of waste generated;
3-1 (3) provision of technical assistance to local
3-2 governments concerning solid waste management;
3-3 (4) <(3)> establishment of a solid waste resource
3-4 center in the department and an office of waste minimization and
3-5 recycling;
3-6 (5) <(4)> provision of supplemental funding to local
3-7 governments for the enforcement of this chapter, the Texas Litter
3-8 Abatement Act (Chapter 365), and Chapter 741, Acts of the 67th
3-9 Legislature, Regular Session, 1981 (Article 4477-9a, Vernon's Texas
3-10 Civil Statutes);
3-11 (6) <(5)> conduct of a statewide public awareness
3-12 program concerning solid waste management;
3-13 (7) <(6)> provision of supplemental funds for other
3-14 state agencies with responsibilities concerning solid waste
3-15 management, recycling, and other initiatives with the purpose of
3-16 diverting recyclable waste from landfills;
3-17 (8) <(7)> conduct of research to promote the
3-18 development and stimulation of markets for recycled waste products;
3-19 (9) <(8)> creation of a state municipal solid waste
3-20 superfund for:
3-21 (A) the cleanup of unauthorized tire dumps and
3-22 solid waste dumps for which a responsible party cannot be located
3-23 or is not immediately financially able to provide the cleanup; and
3-24 (B) the cleanup or proper closure of abandoned
3-25 or contaminated municipal solid waste sites for which a responsible
3-26 party is not immediately financially able to provide the cleanup;
3-27 and
4-1 (10) <(9)> provision of funds for other programs that
4-2 the commission <board of health> may consider appropriate to
4-3 further the purposes of this chapter.
4-4 SECTION 3. Sections 361.020(a), (b), (d), (e), and (f),
4-5 Health and Safety Code, are amended to read as follows:
4-6 (a) The commission <department> shall develop a strategic
4-7 state solid waste plan for all solid waste under its jurisdiction.
4-8 The commission shall develop a strategic <state solid waste> plan
4-9 for the reduction of solid waste <under its jurisdiction. The
4-10 state agencies shall coordinate the solid waste plans developed>.
4-11 (b) A strategic plan shall<, for the kinds of waste under
4-12 the jurisdiction of the agency preparing the plan,> identify both
4-13 short-term and long-term waste management problems, set short-term
4-14 objectives as steps toward meeting long-term goals, and recommend
4-15 specific actions to be taken within stated <state> times designed
4-16 to address the identified problems and to achieve the stated
4-17 objectives and goals. A plan shall reflect the state's preferred
4-18 waste management methods as stated in Section 361.022 or 361.023
4-19 <for the kinds of waste under the jurisdiction of the agency
4-20 preparing the plan>. A strategic plan shall describe a
4-21 comprehensive municipal solid waste management strategy for the
4-22 state.
4-23 (d) The commission in developing a comprehensive statewide
4-24 <Each agency in preparing its> strategic plan shall:
4-25 (1) consult with:
4-26 (A) <(1)> the agency's waste minimization,
4-27 recycling, or reduction division;
5-1 (B) <(2)> the waste reduction advisory
5-2 committee; <and>
5-3 (C) <(3)> the interagency coordinating council;
5-4 and
5-5 (D) local governments, appropriate regional and
5-6 state agencies, businesses, citizen groups, and private waste
5-7 management firms; and
5-8 (2) hold public hearings in different regions of the
5-9 state.
5-10 (e) A strategic plan shall be updated every two years. The
5-11 commission <Each agency> continually shall collect and analyze data
5-12 for use in its next updated plan and systematically shall monitor
5-13 progress toward achieving existing plan objectives and goals. In
5-14 preparing its updated plan, an agency shall examine previously and
5-15 newly identified waste management problems, reevaluate its plan
5-16 objectives and goals, and review and update its planning documents.
5-17 (f) Before the <department or the> commission adopts its
5-18 strategic plan or makes significant amendments to the plan, the
5-19 Texas Air Control Board must have the opportunity to comment and
5-20 make recommendations on the proposed plan or amendments and shall
5-21 be given such reasonable time to do so as specified by the agency.
5-22 SECTION 4. Subchapter B, Chapter 361, Health and Safety
5-23 Code, is amended by adding Section 361.0201 to read as follows:
5-24 Sec. 361.0201. COMPREHENSIVE MUNICIPAL SOLID WASTE
5-25 MANAGEMENT STRATEGIC PLAN. (a) The comprehensive municipal solid
5-26 waste management strategic plan developed under Section 361.020
5-27 shall identify the components of the municipal solid waste stream
6-1 that are highest in volume and shall set priorities according to
6-2 those findings.
6-3 (b) The plan shall:
6-4 (1) describe the state's capacity to manage municipal
6-5 waste through existing treatment or disposal facilities and
6-6 identify all existing municipal solid waste management facilities
6-7 in the state, their capacity, and their projected remaining useful
6-8 life; and
6-9 (2) analyze the state's capacity requirements over the
6-10 planning periods specified in Section 361.020(c).
6-11 (c) The analysis of capacity requirements under Subsection
6-12 (b) shall:
6-13 (1) examine the type and amount of each municipal
6-14 solid waste stream that can reasonably be expected to be generated
6-15 in the state or accepted from other states under existing contracts
6-16 or local or regional agreements, using information on existing and
6-17 past levels of waste and representative receipts from other states,
6-18 and shall include information on the sources, characteristics, and
6-19 current patterns of waste management of those waste streams; and
6-20 (2) estimate the amount of the total municipal solid
6-21 waste identified under this subsection that is reasonably expected
6-22 to be:
6-23 (A) recycled annually, according to previous
6-24 rates and projected increases from those rates;
6-25 (B) transported annually to another state or
6-26 imported into this state for treatment or other disposition under
6-27 existing contracts or local or regional agreements; and
7-1 (C) disposed of or incinerated annually within
7-2 the state.
7-3 (d) The plan shall set a goal for overall reduction in the
7-4 amount of municipal solid waste consistent with Section 361.422
7-5 using 1991 as the base year for computing the reduction. The
7-6 commission may adjust this goal if it determines that it is not
7-7 necessary given the state's disposal capacity, is not economically
7-8 or technologically feasible, or is not feasible given the state's
7-9 projected population growth.
7-10 (e) The plan shall ensure that source reduction, reuse,
7-11 recycling, composting, and resource recovery are all addressed.
7-12 (f) The plan shall include a program of public education
7-13 developed under Section 361.0202.
7-14 (g) The plan may not allow the commission to require a local
7-15 government to perform any act not specifically required by state
7-16 law or commission rule.
7-17 SECTION 5. Subchapter B, Chapter 361, Health and Safety
7-18 Code, is amended by adding Section 361.0202 to read as follows:
7-19 Sec. 361.0202. DEVELOPMENT OF EDUCATION PROGRAMS. (a) The
7-20 commission shall develop a public awareness program to increase
7-21 awareness of individual responsibility for properly reducing and
7-22 disposing of municipal solid waste and to encourage participation
7-23 in waste source reduction, composting, reuse, and recycling. The
7-24 program shall include:
7-25 (1) a media campaign to develop and disseminate
7-26 educational materials designed to establish broad public
7-27 understanding and compliance with the state's waste reduction and
8-1 recycling goals; and
8-2 (2) a curriculum, developed in cooperation with the
8-3 commissioner of education and suitable for use in programs from
8-4 kindergarten through high school, that promotes waste reduction and
8-5 recycling.
8-6 (b) As part of the program, the commission may:
8-7 (1) advise and consult with individuals, businesses,
8-8 and manufacturers on source reduction techniques and recycling; and
8-9 (2) sponsor or cosponsor with public and private
8-10 organizations technical workshops and seminars on source reduction
8-11 and recycling.
8-12 SECTION 6. Subchapter B, Chapter 361, Health and Safety
8-13 Code, is amended by adding Section 361.0219 to read as follows:
8-14 Sec. 361.0219. OFFICE OF WASTE EXCHANGE. (a) The office of
8-15 waste exchange is an office of the commission.
8-16 (b) The office shall facilitate the exchange of solid waste,
8-17 recyclable or compostable materials, and other secondary materials
8-18 among persons that generate, recycle, compost, or reuse those
8-19 materials, in order to foster greater recycling, composting, and
8-20 reuse in the state. At least one party to such an exchange must be
8-21 in the state. The office shall provide information to interested
8-22 persons on arranging exchanges of these materials in order to allow
8-23 greater recycling, composting, and reuse of the materials, and may
8-24 act as broker for exchanges of the materials if private brokers are
8-25 not available.
8-26 (c) The office of waste exchange shall adopt a plan for
8-27 providing to interested persons information on waste exchange and
9-1 shall report to the legislature on the plan and on the state's
9-2 participation in any regional or national waste exchange program.
9-3 Annually the office of waste exchange shall report to the
9-4 legislature on progress in implementing this section, including
9-5 information on the movement and exchange of materials and the
9-6 effect on recycling, composting, and reuse rates in the state.
9-7 SECTION 7. Section 361.034(a), Health and Safety Code, is
9-8 amended to read as follows:
9-9 (a) The commission shall submit a report to the presiding
9-10 officers of the legislature and the governor not later than January
9-11 1 of each odd-numbered year. The report must include:
9-12 (1) a summary of a performance report of the imposed
9-13 industrial solid waste and hazardous waste fees authorized under
9-14 Subchapter D and related activities to determine the
9-15 appropriateness of the fee structures;
9-16 (2) an evaluation of progress made in accomplishing
9-17 the state's public policy concerning the preference of waste
9-18 management methods under Section 361.023;
9-19 (3) projections of the volume of waste by type of
9-20 waste, disposition of waste, and remaining capacity or capacity
9-21 used for the treatment and disposal of the waste; <and>
9-22 (4) projections of the availability of adequate
9-23 capacity in this state for the management of all types of hazardous
9-24 waste generated within the state and a report of the amounts,
9-25 types, and sources of hazardous waste imported into and exported
9-26 from the state in the previous year;
9-27 (5) an evaluation of the progress made in implementing
10-1 the state's municipal solid waste management plan, in particular
10-2 the progress toward meeting the waste reduction goal established
10-3 by Section 361.0201(d);
10-4 (6) an evaluation of the progress made by local
10-5 governments in implementing their solid waste management plans and
10-6 recycling programs under Sections 363.062 and 363.063;
10-7 (7) the status of state procurement under Section
10-8 361.426 of products made of recycled materials or that are
10-9 reusable, including documentation of any decision not to purchase
10-10 those products;
10-11 (8) the status of the governmental entity recycling
10-12 program established under Section 361.425, including the status of
10-13 collection and storage procedures and program evaluations required
10-14 by that section;
10-15 (9) the status of the public education program
10-16 described in Section 361.0202; and
10-17 (10) recommendations to the governor and to the
10-18 legislature for improving the management of municipal solid waste
10-19 in the state.
10-20 SECTION 8. Section 363.003, Health and Safety Code, is
10-21 amended to read as follows:
10-22 Sec. 363.003. FINDINGS. The legislature finds that:
10-23 (1) the growth of the state's economy and population
10-24 has resulted in an increase in discarded materials;
10-25 (2) the improper management of solid waste creates
10-26 hazards to the public health, can cause air and water pollution,
10-27 creates public nuisances, and causes a blight on the landscape;
11-1 (3) there is increasing public opposition to the
11-2 location of solid waste land disposal facilities;
11-3 (4) because some communities lack sufficient financial
11-4 resources, municipal solid waste land disposal sites in the state
11-5 are being improperly operated and maintained, causing potential
11-6 health problems to nearby residents, attracting vectors, and
11-7 creating conditions that destroy the beauty and quality of our
11-8 environment;
11-9 (5) often, operational deficiencies occur at rural
11-10 solid waste land disposal sites operated by local governments that
11-11 do not have the funds, personnel, equipment, and technical
11-12 expertise to properly operate a disposal system;
11-13 (6) many smaller communities and rural residents have
11-14 no organized solid waste collection and disposal system, resulting
11-15 in dumping of garbage and trash along the roadside, in roadside
11-16 parks, and at illegal dump sites;
11-17 (7) combining two or more small, inefficient
11-18 operations into local, regional, or countywide systems may provide
11-19 a more economical, efficient, and safe means for the collection and
11-20 disposal of solid waste and will offer greater opportunities for
11-21 future resource recovery;
11-22 (8) there are private operators of municipal solid
11-23 waste management systems with whom persons can contract or
11-24 franchise their services, and many of those private operators
11-25 possess the management expertise, qualified personnel, and
11-26 specialized equipment for the safe collection, handling, and
11-27 disposal of solid waste;
12-1 (9) technologies exist to separate usable material
12-2 from solid waste and to convert solid waste to energy, and it will
12-3 benefit this state to work in cooperation with private business,
12-4 nonprofit organizations, and public agencies that have acquired
12-5 knowledge, expertise, and technology in the fields of energy
12-6 production and recycling, reuse, reclamation, and collection of
12-7 materials;
12-8 (10) the opportunity for resource recovery is
12-9 diminished unless local governments can exercise control over solid
12-10 waste and can enter long-term contracts to supply solid waste to
12-11 resource recovery systems or to operate those systems; and
12-12 (11) the control of solid waste collection and
12-13 disposal should continue to be the responsibility of local
12-14 governments and public agencies, but the problems of solid waste
12-15 management have become a matter of state concern and require state
12-16 financial assistance to plan and implement comprehensive state and
12-17 local solid waste management practices that encourage the safe
12-18 disposal of solid waste and the recovery of material and energy
12-19 resources from solid waste.
12-20 SECTION 9. Subchapter B, Chapter 361, Health and Safety
12-21 Code, is amended by adding Section 361.0961 to read as follows:
12-22 Sec. 361.0961. RESTRICTIONS ON AUTHORITY OF LOCAL GOVERNMENT
12-23 OR OTHER POLITICAL SUBDIVISION. (a) A local government or other
12-24 political subdivision may not adopt an ordinance, rule, or
12-25 regulation to:
12-26 (1) prohibit or restrict the sale or use of a product,
12-27 container, or package for solid waste management purposes in a
13-1 manner not authorized by state law;
13-2 (2) prohibit or restrict the processing of solid waste
13-3 by a solid waste facility permitted by the commission for that
13-4 purpose; or
13-5 (3) assess a fee or deposit on the sale or use of a
13-6 product, container, or package.
13-7 (b) This section does not prevent a local government or
13-8 other political subdivision from complying with federal or state
13-9 law or regulation. A local government or other political
13-10 subdivision may take any action otherwise prohibited by this
13-11 section in order to comply with federal requirements or to avoid
13-12 federal or state penalties or fines.
13-13 (c) This section does not limit the authority of a local
13-14 government to enact zoning ordinances for the location of
13-15 businesses or outdoor advertising signs.
13-16 SECTION 10. Section 363.062, Health and Safety Code, is
13-17 amended by adding a new Subsection (d) and relettering existing
13-18 Subsections (d) and (e) to read as follows:
13-19 (d) In each even-numbered year on the anniversary of the
13-20 adoption of a municipal solid waste management plan, each planning
13-21 region shall report to the department on the progress of the
13-22 region's municipal solid waste management program and recycling
13-23 activities developed under this section. The department may not
13-24 require a planning region to submit to the department information
13-25 previously submitted to the department by the planning region in an
13-26 earlier plan or report.
13-27 (e) If the department determines that a regional solid waste
14-1 management plan does not conform to the requirements adopted by the
14-2 board, the department shall give written notice to the planning
14-3 region of each aspect of the plan that must be changed to conform
14-4 to board requirements. After the changes have been made in the
14-5 plan as provided by the department, the department shall submit the
14-6 plan to the board for approval.
14-7 (f) <(e)> The board by rule shall adopt an approved regional
14-8 solid waste management plan.
14-9 SECTION 11. Section 363.063, Health and Safety Code, is
14-10 amended by adding a new Subsection (d) and relettering existing
14-11 Subsections (d) and (e) to read as follows:
14-12 (d) In each even-numbered year on the anniversary of the
14-13 adoption of a municipal solid waste management plan, each local
14-14 government shall report to the department on the progress of its
14-15 municipal solid waste management program and recycling activities
14-16 implemented under this section. The department may not require a
14-17 local government to submit to the planning region or to the
14-18 department information previously submitted to the planning region
14-19 or department by the local government in an earlier plan or report.
14-20 (e) If the department determines that a local solid waste
14-21 management plan does not conform to the requirements adopted by the
14-22 board, the department shall give written notice to the local
14-23 government of each aspect of the plan that must be changed to
14-24 conform to board requirements. After changes are made in the plan
14-25 as requested by the department, the department shall submit the
14-26 plan to the board for approval.
14-27 (f) <(e)> The board by rule shall adopt an approved local
15-1 solid waste management plan.
15-2 SECTION 12. Section 363.064, Health and Safety Code, is
15-3 amended to read as follows:
15-4 Sec. 363.064. Contents of Regional or Local Solid Waste
15-5 Management Plan. A regional or local solid waste management plan
15-6 must:
15-7 (1) include a description and an assessment of current
15-8 efforts in the geographic area covered by the plan to minimize
15-9 production of municipal solid waste, including sludge, and efforts
15-10 to reuse or recycle waste;
15-11 (2) identify additional opportunities for waste
15-12 minimization and waste reuse or recycling;
15-13 (3) include a description and assessment of existing
15-14 or proposed community programs for the collection of household
15-15 hazardous waste;
15-16 (4) make recommendations for encouraging and achieving
15-17 a greater degree of waste minimization and waste reuse or recycling
15-18 in the geographic area covered by the plan;
15-19 (5) encourage cooperative efforts between local
15-20 governments in the siting of landfills for the disposal of solid
15-21 waste;
15-22 (6) consider the need to transport waste between
15-23 municipalities, from a municipality to an area in the jurisdiction
15-24 of a county, or between counties, particularly if a technically
15-25 suitable site for a landfill does not exist in a particular area;
15-26 <and>
15-27 (7) allow a local government to justify the need for a
16-1 landfill in its jurisdiction to dispose of the solid waste
16-2 generated in the jurisdiction of another local government that does
16-3 not have a technically suitable site for a landfill in its
16-4 jurisdiction;<.>
16-5 (8) <(7)> establish recycling rate goals appropriate
16-6 to the area covered by the plan; and
16-7 (9) <(8)> recommend composting programs for yard waste
16-8 and related organic wastes that may include:
16-9 (A) creation and use of community composting
16-10 centers;
16-11 (B) adoption of the "Don't Bag It" program for
16-12 lawn clippings developed by the Texas Agricultural Extension
16-13 Service; and
16-14 (C) development and promotion of education
16-15 programs on home composting, community composting, and the
16-16 separation of yard waste for use as mulch;
16-17 (10) assess the need for new waste disposal capacity;
16-18 (11) include a public education program; and
16-19 (12) provide for the waste reduction in accordance
16-20 with the goal established under Section 361.0201(d).
16-21 SECTION 13. The office of waste exchange created by Section
16-22 361.0219, Health and Safety Code, as added by this Act, shall adopt
16-23 the plan required by that section not later than September 1, 1994.
16-24 SECTION 14. This Act does not affect the transfer of powers,
16-25 duties, rights, and obligations made by Chapter 3, Acts of the 72nd
16-26 Legislature, 1st Called Session, 1991.
16-27 SECTION 15. This Act takes effect September 1, 1993.
17-1 SECTION 16. The importance of this legislation and the
17-2 crowded condition of the calendars in both houses create an
17-3 emergency and an imperative public necessity that the
17-4 constitutional rule requiring bills to be read on three several
17-5 days in each house be suspended, and this rule is hereby suspended.