73R9479 E
By Saunders H.B. No. 2428
Substitute the following for H.B. No. 2428:
By Jackson C.S.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.