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.