1-1 By: Oakley (Senate Sponsor - Shapiro) H.B. No. 2402
1-2 (In the Senate - Received from the House May 19, 1993;
1-3 May 20, 1993, read first time and referred to Committee on Natural
1-4 Resources; May 25, 1993, reported favorably by the following vote:
1-5 Yeas 6, Nays 1; May 25, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Sims x
1-9 Truan x
1-10 Armbrister x
1-11 Barrientos x
1-12 Bivins x
1-13 Brown x
1-14 Carriker x
1-15 Lucio x
1-16 Montford x
1-17 Ratliff x
1-18 Shelley x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to incentives for the recycling or proper disposal of
1-22 lead-acid batteries; providing civil penalties.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Subchapter O, Chapter 361, Health and Safety
1-25 Code, is amended by adding Sections 361.457-361.460 to read as
1-26 follows:
1-27 Sec. 361.457. PAYMENTS TO BATTERY RECYCLERS AND DISPOSAL
1-28 FACILITIES. (a) The commission may establish a program for
1-29 monthly payments to an applicant who meets the requirements
1-30 provided by and adopted under this section in an amount set by the
1-31 commission, based on the American Metals Market publication,
1-32 adjusted on the first and third Fridays of each month, and not to
1-33 exceed 50 cents for each used or discarded lead-acid battery that
1-34 is properly disposed of or recycled by the applicant.
1-35 (b) To qualify for payments under a program established
1-36 under this section, the applicant must:
1-37 (1) dispose of or recycle the lead-acid batteries in
1-38 accordance with commission rules; and
1-39 (2) be a:
1-40 (A) manufacturer of lead-acid batteries;
1-41 (B) person who owns or operates a secondary lead
1-42 smelter; or
1-43 (C) collection or recycling facility authorized
1-44 under state law or commission rules or by the United States
1-45 Environmental Protection Agency.
1-46 Sec. 361.458. APPLICATION FOR PAYMENTS. A person who
1-47 applies for a payment under a program established under Section
1-48 361.457 must:
1-49 (1) apply to the commission on forms prescribed by the
1-50 commission and include information required by commission rules;
1-51 (2) document that the used or discarded batteries for
1-52 which payment is applied:
1-53 (A) were lead-acid batteries; and
1-54 (B) were disposed of or recycled as provided by
1-55 commission rules for eligibility for payments under Section 361.457
1-56 and in accordance with commission rules for the disposal or
1-57 recycling of lead-acid batteries to prevent the pollution of
1-58 groundwater, soil, or air;
1-59 (3) document the source of the used or discarded
1-60 batteries, including whether the batteries were recovered from an
1-61 improper disposal site, a battery manufacturer, retailer, or
1-62 wholesaler, a collection or recycling facility, or consumers; and
1-63 (4) provide any other information required by the
1-64 commission to accomplish the purposes of this subchapter.
1-65 Sec. 361.459. OUT-OF-STATE BATTERIES. A person may not
1-66 apply for a payment under a program established under Section
1-67 361.457 for a used or discarded battery received from an
1-68 out-of-state source.
2-1 Sec. 361.460. CIVIL PENALTY. (a) A person who violates
2-2 Section 361.459 is liable for a civil penalty not to exceed $1,000
2-3 for each violation.
2-4 (b) The attorney general or the prosecuting attorney in the
2-5 county in which the alleged violation occurs may bring suit to
2-6 recover the civil penalty.
2-7 (c) A penalty collected under this section shall be
2-8 deposited to the credit of the hazardous and solid waste
2-9 remediation fee fund.
2-10 SECTION 2. Section 361.455, Health and Safety Code, is
2-11 amended to read as follows:
2-12 Sec. 361.455. Penalty. Any violation of Sections
2-13 361.451-361.454 <this subchapter> is a Class C misdemeanor. Each
2-14 battery improperly disposed of constitutes a separate violation and
2-15 offense.
2-16 SECTION 3. Sections 361.133(b) and (c), Health and Safety
2-17 Code, are amended to read as follows:
2-18 (b) The fund consists of money collected by the commission
2-19 from:
2-20 (1) fees imposed on the owner or operator of an
2-21 industrial solid waste or hazardous waste facility for commercial
2-22 and noncommercial management or disposal of hazardous waste under
2-23 Section 361.136 and fees imposed under Section 361.138;
2-24 (2) interest and penalties imposed under Section
2-25 361.140 for late payment of a fee or late filing of a report;
2-26 (3) money paid by a person liable for facility cleanup
2-27 and maintenance under Section 361.197;
2-28 (4) the interest received from the investment of this
2-29 fund, in accounts under the charge of the treasurer, to be credited
2-30 pro rata to the hazardous and solid waste remediation fee fund;
2-31 <and>
2-32 (5) monies transferred from other agencies under
2-33 provisions of this code or grants from any person made for the
2-34 purpose of remediation of facilities under this chapter; and
2-35 (6) penalties collected under Section 361.460.
2-36 (c) The commission may use the money collected and deposited
2-37 to the credit of the fund under this section, including interest
2-38 credited under Subsection (b)(4), only for:
2-39 (1) necessary and appropriate removal and remedial
2-40 action at sites at which solid waste or hazardous substances have
2-41 been disposed if funds from a liable person, independent third
2-42 person, or the federal government are not sufficient for the
2-43 removal or remedial action;
2-44 (2) necessary and appropriate maintenance of removal
2-45 and remedial actions for the expected life of those actions if:
2-46 (A) funds from a liable person have been
2-47 collected and deposited to the credit of the fund for that purpose;
2-48 or
2-49 (B) funds from a liable person, independent
2-50 third person, or the federal government are not sufficient for the
2-51 maintenance;
2-52 (3) expenses concerning compliance with:
2-53 (A) the Comprehensive Environmental Response,
2-54 Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et
2-55 seq.) as amended;
2-56 (B) the federal Superfund Amendments and
2-57 Reauthorization Act of 1986 (10 U.S.C. Section 2701 et seq.); and
2-58 (C) Subchapters F and I;
2-59 (4) expenses concerning the regulation and management
2-60 of household hazardous substances and the prevention of pollution
2-61 of the water resources of the state from the uncontrolled release
2-62 of hazardous substances; <and>
2-63 (5) expenses concerning the cleanup or removal of a
2-64 spill, release, or potential threat of release of a hazardous
2-65 substance where immediate action is appropriate to protect human
2-66 health and the environment; and
2-67 (6) payments for lead-acid batteries disposed of or
2-68 recycled under a program established under Section 361.457 or the
2-69 commission's expenses under Sections 361.457 and 361.458.
2-70 SECTION 4. This Act takes effect September 1, 1993.
3-1 SECTION 5. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended.
3-6 * * * * *
3-7 Austin,
3-8 Texas
3-9 May 25, 1993
3-10 Hon. Bob Bullock
3-11 President of the Senate
3-12 Sir:
3-13 We, your Committee on Natural Resources to which was referred H.B.
3-14 No. 2402, have had the same under consideration, and I am
3-15 instructed to report it back to the Senate with the recommendation
3-16 that it do pass and be printed.
3-17 Sims,
3-18 Chairman
3-19 * * * * *
3-20 WITNESSES
3-21 FOR AGAINST ON
3-22 ___________________________________________________________________
3-23 Name: Stephen Minick x
3-24 Representing: TX Water Commission
3-25 City: Austin
3-26 -------------------------------------------------------------------
3-27 Name: Douglas Elms x
3-28 Representing: Interstate Batteries
3-29 City: Bryan
3-30 -------------------------------------------------------------------
3-31 Name: John Dibiase x
3-32 Representing: Interstate Batteries
3-33 City: Austin
3-34 -------------------------------------------------------------------
3-35 Name: Larry Eagan x
3-36 Representing: GNB Battery Technologies
3-37 City: Frisco
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