73R9479 E By Saunders H.B. No. 2428 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the administration of the used oil recycling program. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subchapter B, Chapter 371, Health and Safety 1-5 Code, is amended by adding Sections 371.0245 and 371.0246 to read 1-6 as follows: 1-7 Sec. 371.0245. REIMBURSEMENT OF COLLECTION CENTER. (a) The 1-8 commission, on proper application, shall reimburse the owner or 1-9 operator of an eligible registered public used oil collection 1-10 center for costs associated with the collection center's disposal 1-11 of: 1-12 (1) do-it-yourself (DIY) used oil collected by the 1-13 collection center that, unknown to the center at the time of 1-14 collection, contains hazardous wastes; 1-15 (2) used oil collected by the collection center that 1-16 has been commingled with DIY oils described in Subdivision (1) and 1-17 is unsuitable for recycling; or 1-18 (3) contaminated used oil left at the collection 1-19 center as used oil after posted business hours and without the 1-20 knowledge of the collection center. 1-21 (b) A registered public used oil collection center is 1-22 eligible for reimbursement if it demonstrates to the satisfaction 1-23 of the commission that: 2-1 (1) the center has established procedures to minimize 2-2 the risk that the used oil the center generates or collects from 2-3 the public will not be mixed with hazardous wastes, especially 2-4 halogenated wastes; 2-5 (2) the center accepts not more than five gallons of 2-6 used oil from any person at any one time; and 2-7 (3) the center can document to the satisfaction of the 2-8 commission the volume of used oil the center collects from the 2-9 public during a period by: 2-10 (A) providing a process by which all individuals 2-11 leaving do-it-yourself (DIY) used oil at the center are required to 2-12 log their names, addresses, and the approximate amounts of used oil 2-13 brought to the collection center and ensuring that all 2-14 do-it-yourself (DIY) used oil collected is kept in a separate 2-15 sealed and labeled container placed on an impermeable surface; or 2-16 (B) another method approved by the commission. 2-17 (c) For the purpose of Subsection (b)(2), the owner or 2-18 operator of a registered public used oil collection center may 2-19 presume that a quantity of not more than five gallons of used oil 2-20 collected from a member of the public is not mixed with a hazardous 2-21 substance, if the owner or operator acts in good faith and in the 2-22 belief the oil is generated from the individual's personal 2-23 activity. 2-24 (d) In any state fiscal year, a registered public used oil 2-25 collection center may not be reimbursed for more than $5,000 in 3-1 total eligible disposal costs, subject to Section 371.0246(d). 3-2 (e) A reimbursement made under this section may be paid out 3-3 of the used oil recycling fund not to exceed an aggregate amount of 3-4 $500,000 each fiscal year. 3-5 Sec. 371.0246. PROCEDURES FOR REIMBURSEMENT. (a) An owner 3-6 or operator of a registered public used oil collection center may 3-7 apply for reimbursement from the commission. 3-8 (b) An application for reimbursement shall be filed on a 3-9 form approved or provided by the commission. 3-10 (c) An application must contain: 3-11 (1) the name, address, and telephone number of the 3-12 applicant; 3-13 (2) the name, mailing address, location address, and 3-14 commission registration number of the registered public used oil 3-15 collection center from which the contaminated oil was removed; 3-16 (3) the name, address, telephone number, and 3-17 commission registration number of the hazardous waste transporter 3-18 used to dispose of the contaminated used oil; 3-19 (4) a copy of the signed uniform hazardous waste 3-20 manifest; 3-21 (5) a copy of each invoice for which reimbursement is 3-22 requested and evidence that the amount shown on the invoice has 3-23 been paid in full, which may be in the form of: 3-24 (A) canceled checks; 3-25 (B) business receipts from the person who 4-1 performed the work; or 4-2 (C) other documentation approved by the 4-3 commission; 4-4 (6) a waste-characterization or similar documentation 4-5 required before acceptance of a hazardous waste by the disposal 4-6 facility that accepted the contaminated used oil for disposal; and 4-7 (7) any other information that the executive director 4-8 may reasonably require. 4-9 (d) All claims for reimbursement filed under this section 4-10 and Section 371.0245 are subject to the availability of money in 4-11 the used oil recycling fund and to Section 371.0245(e). This 4-12 subchapter does not create an entitlement to money in the used oil 4-13 recycling fund or any other fund. 4-14 SECTION 2. Subchapter D, Chapter 371, Health and Safety 4-15 Code, is amended by adding Section 371.063 to read as follows: 4-16 Sec. 371.063. ANNUAL REPORTING REQUIREMENT. The commission 4-17 shall monitor the balance of the used oil recycling fund and shall 4-18 provide a detailed report of all income, expenditures, and programs 4-19 funded to the Texas Legislature on an annual basis. 4-20 SECTION 3. The change in law made by Sections 371.0245 and 4-21 371.0246, Health and Safety Code, as added by this Act, applies 4-22 only to costs incurred by an eligible registered public used oil 4-23 collection center on or after September 1, 1993. 4-24 SECTION 4. Not later than 90 days after the effective date 4-25 of this Act, the Texas Water Commission or its successor shall 5-1 adopt any rules necessary to administer the reimbursement program 5-2 established by this Act. 5-3 SECTION 5. The importance of this legislation and the 5-4 crowded condition of the calendars in both houses create an 5-5 emergency and an imperative public necessity that the 5-6 constitutional rule requiring bills to be read on three several 5-7 days in each house be suspended, and this rule is hereby suspended, 5-8 and that this Act take effect and be in force from and after its 5-9 passage, and it is so enacted.