By Saunders                                           H.B. No. 2435
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to municipal solid waste source reduction and recycling
    1-3  goals.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Amend Section 361.421, Health and Safety Code, to
    1-6  read as follows:
    1-7        Sec. 361.421.  DEFINITIONS.  In this subchapter:
    1-8              (1)  "Compost" is the disinfected and stabilized
    1-9  product of the decomposition process that is used or sold for use
   1-10  as soil amendment, artificial top soil, growing medium amendment,
   1-11  or other similar uses.
   1-12              (2)  "Composting" means the controlled biological
   1-13  decomposition of organic materials through microbial activity.
   1-14  Depending on the specific application, composting can serve as both
   1-15  a volume reduction and a waste treatment measure.  A beneficial
   1-16  organic composting activity is an appropriate waste management
   1-17  solution that shall divert compatible materials from the solid
   1-18  waste stream that cannot be recycled into higher grade uses and
   1-19  convert these materials into a useful product that is put to
   1-20  beneficial reuse <can serve> as a soil amendment or mulch.
   1-21              (3)  "Life-cycle cost benefit analysis" means a method
   1-22  of comparing the total costs of products over their lifetimes based
   1-23  on initial maintenance costs which include the initial cost,
    2-1  maintenance costs, and other related expenses.
    2-2              (4)  "Postconsumer waste" means a material or product
    2-3  that has served its intended use and has been discarded after
    2-4  passing through the hands of a final user.  For the purpose of this
    2-5  subchapter, the term does not include industrial or hazardous
    2-6  waste.
    2-7              (5)  "Recyclable material" means material that has been
    2-8  recovered or diverted from the non-hazardous solid waste stream for
    2-9  purposes of reuse, recycling, or reclamation, a substantial portion
   2-10  of which is consistently used in the manufacture of products which
   2-11  may otherwise be produced using raw or virgin materials.
   2-12  Recyclable material is not solid waste.  However, recyclable
   2-13  material may become solid waste at such time, if any, as it is
   2-14  abandoned or disposed of rather than recycled, whereupon it will be
   2-15  solid waste with respect only to the party actually abandoning or
   2-16  disposing of the material.
   2-17              (6)  "Recycled material" means materials, goods, or
   2-18  products that consist of recyclable material or materials derived
   2-19  from postconsumer waste, industrial waste, or hazardous waste which
   2-20  may be used in place of a raw or virgin material in manufacturing a
   2-21  new product.
   2-22              (7)  "Recycled product" means a product which meets the
   2-23  requirements for recycled material content as prescribed by the
   2-24  rules established by the department described in Section 361.427.
   2-25              (8)  "Recycling" means a process by which materials
    3-1  that have served their intended use or are scrapped, discarded,
    3-2  used, surplus, or obsolete are collected, separated, or processed
    3-3  and returned to use in form of raw materials in the production of
    3-4  new products.  Except for mixed municipal solid waste composting,
    3-5  that is, composting of the typical mixed solid waste stream
    3-6  generated by residential, commercial, and/or institutional sources,
    3-7  recycling includes the composting process if the compost material
    3-8  is put to beneficial reuse.
    3-9              (9)  "Source reduction" means an activity or process
   3-10  that avoids the creation of municipal solid waste in the state by
   3-11  reducing waste at the source.  The term includes redesigning
   3-12  products or packaging so that less material is disposed of,
   3-13  changing a process of producing a good or providing a service so
   3-14  that less material is disposed of, or making behavioral changes in
   3-15  the use of materials that reduces the amount of waste generated.
   3-16              (10)  "State agency" means a department, commission,
   3-17  board, office, council, or other agency in the executive branch of
   3-18  government that is created by the constitution or a statute of this
   3-19  state and has authority not limited to a geographical portion of
   3-20  the state.  The term does not include a university system or
   3-21  institution of higher education as defined by Section 61.003,
   3-22  Education Code.
   3-23              (11) <(10)>  "Virgin material" means a raw material
   3-24  used in manufacturing that has not yet become a product.
   3-25              (12) <(11)>  "Yard waste" means leaves, grass
    4-1  clippings, yard and garden debris, and brush, including woody
    4-2  vegetative material not greater than six inches in diameter, that
    4-3  results from landscaping maintenance and landclearing operations.
    4-4  The term does not include stumps, roots, or shrubs with intact root
    4-5  balls.
    4-6        SECTION 2.  Section 361.422, Health and Safety Code, is
    4-7  amended to read as follows:
    4-8        Sec. 361.422.  STATE SOURCE REDUCTION AND RECYCLING GOAL.
    4-9  (a)  It is the state's goal to reduce <achieve by January 1, 1994,
   4-10  the recycling of at least 40 percent of> the state's total
   4-11  municipal solid waste stream that is disposed of as solid waste by
   4-12  at least 40 percent by January 1, 1994 through source reduction and
   4-13  recycling.
   4-14        (b)  In this section, "total municipal solid waste stream"
   4-15  means the sum of the state's total municipal solid waste that is
   4-16  disposed of as solid waste, measured in tons, and the total number
   4-17  of tons of recyclable material that has been diverted or recovered
   4-18  from the total municipal solid waste and recycled.
   4-19        (c)  The <By January 1, 1992, the> department shall establish
   4-20  rules and reporting requirements through which progress toward
   4-21  achieving the established source reduction and recycling goals can
   4-22  be measured.  The rules may take inot consideration those ongoing
   4-23  community source reduction and recycling programs <program> where
   4-24  substantial progress has already been achieved.  The department may
   4-25  also establish a limit on the amount of credit that may be given to
    5-1  certain high-volume materials in measuring recycling progress.
    5-2        (d)  The baseline for the purpose of measuring progress
    5-3  toward the municipal solid waste reduction goal shall be the weight
    5-4  of the total municipal solid waste stream in 1991.  To calculate
    5-5  progress toward the municipal solid waste reduction goal for the
    5-6  year under comparison, the department shall:
    5-7              (1)  calculate the total number of tons of recyclable
    5-8  material that has been diverted or recovered from the total
    5-9  municipal solid waste stream and recycled; and
   5-10              (2)  calculate the amount by which the total municipal
   5-11  solid waste stream has been reduced through source reduction.
   5-12        (e)  To calculate the amount of waste reduced through source
   5-13  reduction, the department may use the results of studies, surveys,
   5-14  or reports of the source reduction activities of businesses,
   5-15  communities, and other sources of municipal solid waste.  The
   5-16  department also may estimate the amount of waste reduced through
   5-17  source reduction by adjusting the total municipal solid waste
   5-18  stream in the comparison year for changes in economic activity that
   5-19  contributes to municipal solid waste, for changes in population,
   5-20  and for other relevant changes between the baseline year and the
   5-21  comparison year.  The difference between the actual and the
   5-22  adjusted total municipal solid waste stream may be attributed to
   5-23  source reduction activities.
   5-24        SECTION 3.  The importance of this legislation and the
   5-25  crowded condition of the calendars in both houses create an
    6-1  emergency and an imperative public necessity that the
    6-2  constitutional rule requiring bills to be read on three several
    6-3  days in each house be suspended, and this rule is hereby suspended.