73R9656 MI-D
By Oakley H.B. No. 2402
Substitute the following for H.B. No. 2402:
By Saunders C.S.H.B. No. 2402
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to incentives for the recycling or proper disposal of
1-3 lead-acid batteries; providing civil penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter O, Chapter 361, Health and Safety
1-6 Code, is amended by adding Sections 361.457-361.460 to read as
1-7 follows:
1-8 Sec. 361.457. PAYMENTS TO BATTERY RECYCLERS AND DISPOSAL
1-9 FACILITIES. (a) The commission may establish a program for
1-10 monthly payments to an applicant who meets the requirements
1-11 provided by and adopted under this section in an amount set by the
1-12 commission, based on the American Metals Market publication,
1-13 adjusted on the first and third Fridays of each month, and not to
1-14 exceed 50 cents for each used or discarded lead-acid battery that
1-15 is properly disposed of or recycled by the applicant.
1-16 (b) To qualify for payments under a program established
1-17 under this section, the applicant must:
1-18 (1) dispose of or recycle the lead-acid batteries in
1-19 accordance with commission rules; and
1-20 (2) be a:
1-21 (A) manufacturer of lead-acid batteries;
1-22 (B) person who owns or operates a secondary lead
1-23 smelter; or
1-24 (C) collection or recycling facility authorized
2-1 under state law or commission rules or by the United States
2-2 Environmental Protection Agency.
2-3 Sec. 361.458. APPLICATION FOR PAYMENTS. A person who
2-4 applies for a payment under a program established under Section
2-5 361.457 must:
2-6 (1) apply to the commission on forms prescribed by the
2-7 commission and include information required by commission rules;
2-8 (2) document that the used or discarded batteries for
2-9 which payment is applied:
2-10 (A) were lead-acid batteries; and
2-11 (B) were disposed of or recycled as provided by
2-12 commission rules for eligibility for payments under Section 361.457
2-13 and in accordance with commission rules for the disposal or
2-14 recycling of lead-acid batteries to prevent the pollution of
2-15 groundwater, soil, or air;
2-16 (3) document the source of the used or discarded
2-17 batteries, including whether the batteries were recovered from an
2-18 improper disposal site, a battery manufacturer, retailer, or
2-19 wholesaler, a collection or recycling facility, or consumers; and
2-20 (4) provide any other information required by the
2-21 commission to accomplish the purposes of this subchapter.
2-22 Sec. 361.459. OUT-OF-STATE BATTERIES. A person may not
2-23 apply for a payment under a program established under Section
2-24 361.457 for a used or discarded battery received from an
2-25 out-of-state source.
2-26 Sec. 361.460. CIVIL PENALTY. (a) A person who violates
2-27 Section 361.459 is liable for a civil penalty not to exceed $1,000
3-1 for each violation.
3-2 (b) The attorney general or the prosecuting attorney in the
3-3 county in which the alleged violation occurs may bring suit to
3-4 recover the civil penalty.
3-5 (c) A penalty collected under this section shall be
3-6 deposited to the credit of the hazardous and solid waste
3-7 remediation fee fund.
3-8 SECTION 2. Section 361.455, Health and Safety Code, is
3-9 amended to read as follows:
3-10 Sec. 361.455. Penalty. Any violation of Sections
3-11 361.451-361.454 <this subchapter> is a Class C misdemeanor. Each
3-12 battery improperly disposed of constitutes a separate violation and
3-13 offense.
3-14 SECTION 3. Sections 361.133(b) and (c), Health and Safety
3-15 Code, are amended to read as follows:
3-16 (b) The fund consists of money collected by the commission
3-17 from:
3-18 (1) fees imposed on the owner or operator of an
3-19 industrial solid waste or hazardous waste facility for commercial
3-20 and noncommercial management or disposal of hazardous waste under
3-21 Section 361.136 and fees imposed under Section 361.138;
3-22 (2) interest and penalties imposed under Section
3-23 361.140 for late payment of a fee or late filing of a report;
3-24 (3) money paid by a person liable for facility cleanup
3-25 and maintenance under Section 361.197;
3-26 (4) the interest received from the investment of this
3-27 fund, in accounts under the charge of the treasurer, to be credited
4-1 pro rata to the hazardous and solid waste remediation fee fund;
4-2 <and>
4-3 (5) monies transferred from other agencies under
4-4 provisions of this code or grants from any person made for the
4-5 purpose of remediation of facilities under this chapter; and
4-6 (6) penalties collected under Section 361.460.
4-7 (c) The commission may use the money collected and deposited
4-8 to the credit of the fund under this section, including interest
4-9 credited under Subsection (b)(4), only for:
4-10 (1) necessary and appropriate removal and remedial
4-11 action at sites at which solid waste or hazardous substances have
4-12 been disposed if funds from a liable person, independent third
4-13 person, or the federal government are not sufficient for the
4-14 removal or remedial action;
4-15 (2) necessary and appropriate maintenance of removal
4-16 and remedial actions for the expected life of those actions if:
4-17 (A) funds from a liable person have been
4-18 collected and deposited to the credit of the fund for that purpose;
4-19 or
4-20 (B) funds from a liable person, independent
4-21 third person, or the federal government are not sufficient for the
4-22 maintenance;
4-23 (3) expenses concerning compliance with:
4-24 (A) the Comprehensive Environmental Response,
4-25 Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et
4-26 seq.) as amended;
4-27 (B) the federal Superfund Amendments and
5-1 Reauthorization Act of 1986 (10 U.S.C. Section 2701 et seq.); and
5-2 (C) Subchapters F and I;
5-3 (4) expenses concerning the regulation and management
5-4 of household hazardous substances and the prevention of pollution
5-5 of the water resources of the state from the uncontrolled release
5-6 of hazardous substances; <and>
5-7 (5) expenses concerning the cleanup or removal of a
5-8 spill, release, or potential threat of release of a hazardous
5-9 substance where immediate action is appropriate to protect human
5-10 health and the environment; and
5-11 (6) payments for lead-acid batteries disposed of or
5-12 recycled under a program established under Section 361.457 or the
5-13 commission's expenses under Sections 361.457 and 361.458.
5-14 SECTION 4. This Act takes effect September 1, 1993.
5-15 SECTION 5. The importance of this legislation and the
5-16 crowded condition of the calendars in both houses create an
5-17 emergency and an imperative public necessity that the
5-18 constitutional rule requiring bills to be read on three several
5-19 days in each house be suspended, and this rule is hereby suspended.