S.B. No. 963
                                        AN ACT
    1-1  relating to municipal solid waste management.
    1-3        SECTION 1.  The legislature finds that:
    1-4              (1)  the reduction of municipal solid waste by
    1-5  encouraging affordable alternatives to disposal is an important
    1-6  strategy in state-local waste management policy;
    1-7              (2)  improving all the municipal solid waste management
    1-8  techniques is necessary to achieve the goal of reducing the
    1-9  municipal solid waste stream;
   1-10              (3)  waste reduction efforts should focus on waste
   1-11  stream components that are highest in volume;
   1-12              (4)  a municipal solid waste infrastructure that
   1-13  encourages  the reduction of waste through environmentally and
   1-14  economically sound waste management incentives and the use of
   1-15  source reduction, reuse, recycling, composting, and resource
   1-16  recovery processes should be developed;
   1-17              (5)  flexible and effective means of implementing and
   1-18  enforcing municipal solid waste laws should be provided;
   1-19              (6)  incentives for businesses to use recycled
   1-20  materials should be created; and
   1-21              (7)  the actual cost of municipal solid waste disposal
   1-22  should be imposed by municipalities on those that place municipal
   1-23  solid waste in the solid waste stream in order to pay for
   1-24  infrastructure development and to encourage waste reduction from
    2-1  landfills.
    2-2        SECTION 2.  Section 361.014, Health and Safety Code, is
    2-3  amended to read as follows:
    2-4        Sec. 361.014.  Use of Solid Waste Fee Revenue.  Revenue
    2-5  received by the commission <department> under Section 361.013 shall
    2-6  be deposited in the state treasury to the credit of the commission
    2-7  <department>.  At least half the revenue is dedicated to the
    2-8  commission's <department's> municipal solid waste permitting and
    2-9  enforcement programs and related support activities, and the
   2-10  balance of the revenue is dedicated to pay for activities that will
   2-11  enhance the state's solid waste management program, including:
   2-12              (1)  provision of funds for the municipal solid waste
   2-13  management planning fund and the municipal solid waste resource
   2-14  recovery applied research and technical assistance fund established
   2-15  by the Comprehensive Municipal Solid Waste Management, Resource
   2-16  Recovery, and Conservation Act (Chapter 363);
   2-17              (2)  conduct of demonstration projects and studies to
   2-18  help local governments of various populations and the private
   2-19  sector to convert to accounting systems and set rates that reflect
   2-20  the full costs of providing waste management services and are
   2-21  proportionate to the amount of waste generated;
   2-22              (3)  provision of technical assistance to local
   2-23  governments concerning solid waste management;
   2-24              (4) <(3)>  establishment of a solid waste resource
   2-25  center in the department and an office of waste minimization and
   2-26  recycling;
   2-27              (5) <(4)>  provision of supplemental funding to local
    3-1  governments for the enforcement of this chapter, the Texas Litter
    3-2  Abatement Act (Chapter 365), and Chapter 741, Acts of the 67th
    3-3  Legislature, Regular Session, 1981 (Article 4477-9a, Vernon's Texas
    3-4  Civil Statutes);
    3-5              (6) <(5)>  conduct of a statewide public awareness
    3-6  program concerning solid waste management;
    3-7              (7) <(6)>  provision of supplemental funds for other
    3-8  state agencies with responsibilities concerning solid waste
    3-9  management, recycling, and other initiatives with the purpose of
   3-10  diverting recyclable waste from landfills;
   3-11              (8) <(7)>  conduct of research to promote the
   3-12  development and stimulation of markets for recycled waste products;
   3-13              (9)  provision of funds to mitigate the economic and
   3-14  environmental impacts of lead-acid battery recycling activities on
   3-15  local governments;
   3-16              (10) <(8)>  creation of a state municipal solid waste
   3-17  superfund for:
   3-18                    (A)  the cleanup of unauthorized tire dumps and
   3-19  solid waste dumps for which a responsible party cannot be located
   3-20  or is not immediately financially able to provide the cleanup; and
   3-21                    (B)  the cleanup or proper closure of abandoned
   3-22  or contaminated municipal solid waste sites for which a responsible
   3-23  party is not immediately financially able to provide the cleanup;
   3-24  and
   3-25              (11) <(9)>  provision of funds for other programs that
   3-26  the commission <board of health> may consider appropriate to
   3-27  further the purposes of this chapter.
    4-1        SECTION 3.  Subsections (a), (b), (d), (e), and (f), Section
    4-2  361.020, Health and Safety Code, are amended to read as follows:
    4-3        (a)  The commission <department> shall develop  a strategic
    4-4  state solid waste plan for all solid waste under its jurisdiction.
    4-5  The commission shall develop  a strategic <state solid waste> plan
    4-6  for the reduction of solid waste  <under its jurisdiction.  The
    4-7  state agencies shall coordinate the solid waste plans developed>.
    4-8        (b)  A strategic plan shall<, for the kinds of waste under
    4-9  the jurisdiction of the agency preparing the plan,> identify both
   4-10  short-term and long-term waste management problems, set short-term
   4-11  objectives as steps toward meeting long-term goals, and recommend
   4-12  specific actions to be taken within stated <state> times designed
   4-13  to address the identified problems and to achieve the stated
   4-14  objectives and goals.  A plan shall reflect the state's preferred
   4-15  waste management methods as stated in Section 361.022 or 361.023
   4-16  <for the kinds of waste under the jurisdiction of the agency
   4-17  preparing the plan>.  A strategic plan shall describe the total
   4-18  estimated generation of solid waste in the state over a five-year
   4-19  and a 10-year period and shall list existing and proposed solid
   4-20  waste management facilities to manage that waste.
   4-21        (d)  The commission in developing a comprehensive statewide
   4-22  <Each agency in preparing its> strategic plan shall:
   4-23              (1)  consult with:
   4-24                    (A) <(1)>  the agency's waste minimization,
   4-25  recycling, or reduction division;
   4-26                    (B)  the municipal solid waste management and
   4-27  resource recovery advisory council;
    5-1                    (C) <(2)>  the waste reduction advisory
    5-2  committee; <and>
    5-3                    (D) <(3)>  the interagency coordinating council;
    5-4  and
    5-5                    (E)  local governments, appropriate regional and
    5-6  state agencies, businesses, citizen groups, and private waste
    5-7  management firms;
    5-8              (2)  hold public hearings in different regions of the
    5-9  state; and
   5-10              (3)  publish the proposed plan in the Texas Register.
   5-11        (e)  A strategic plan shall be updated every two years.  The
   5-12  commission <Each agency> continually shall collect and analyze data
   5-13  for use in its next updated plan and systematically shall monitor
   5-14  progress toward achieving existing plan objectives and goals.  In
   5-15  preparing its updated plan, an agency shall examine previously and
   5-16  newly identified waste management problems, reevaluate its plan
   5-17  objectives and goals, and review and update its planning documents.
   5-18        (f)  Before the <department or the> commission adopts its
   5-19  strategic plan or makes significant amendments to the plan, the
   5-20  Texas Air Control Board  must have the opportunity to comment and
   5-21  make recommendations on the proposed plan or amendments and shall
   5-22  be given such reasonable time to do so as specified by the agency.
   5-23        SECTION 4.  Subchapter B, Chapter 361, Health and Safety
   5-24  Code, is amended by adding Section 361.0201 to read as follows:
   5-25        Sec. 361.0201.  COMPREHENSIVE MUNICIPAL SOLID WASTE
   5-26  MANAGEMENT STRATEGIC PLAN.  (a)  The comprehensive municipal solid
   5-27  waste management strategic plan developed under Section 361.020
    6-1  shall identify the components of  the municipal solid waste stream
    6-2  that are highest in volume and shall set priorities according to
    6-3  those findings.
    6-4        (b)  The plan shall:
    6-5              (1)  describe the capacity in the state to manage
    6-6  municipal waste through existing treatment or disposal facilities
    6-7  and identify all existing municipal solid waste management
    6-8  facilities in the state, their capacity, and their projected
    6-9  remaining useful life; and
   6-10              (2)  analyze the state's capacity requirements over the
   6-11  planning periods specified in Section 361.020(c).
   6-12        (c)  The analysis of capacity requirements under Subsection
   6-13  (b) shall:
   6-14              (1)  examine the type and amount of each municipal
   6-15  solid waste stream that can reasonably be expected to be generated
   6-16  in the state or accepted from other states, using information on
   6-17  existing and past levels of waste and representative receipts from
   6-18  other states, and shall include information on the sources,
   6-19  characteristics, and current patterns of waste management of those
   6-20  waste streams; and
   6-21              (2)  estimate the amount of the total municipal solid
   6-22  waste identified under this subsection that is reasonably expected
   6-23  to be:
   6-24                    (A)  recycled annually, according to previous
   6-25  rates and projected increases from those rates;
   6-26                    (B)  transported annually to another state or
   6-27  imported into this state for treatment or other disposition
    7-1  according to previous rates and projected increases from those
    7-2  rates; and
    7-3                    (C)  disposed of or incinerated annually within
    7-4  the state.
    7-5        (d)  The plan shall set a goal for overall reduction in the
    7-6  amount of municipal solid waste  consistent with Section 361.422
    7-7  using 1991 as the base year for computing the reduction.  The
    7-8  commission may adjust this goal if it determines that it is not
    7-9  necessary given the state's disposal capacity, is not economically
   7-10  or technologically feasible, or is not feasible given the state's
   7-11  projected population growth.
   7-12        (e)  The plan shall ensure that source reduction, reuse,
   7-13  recycling, composting, and resource recovery are all addressed.
   7-14        (f)  The plan shall include a program of public education
   7-15  developed under Section 361.0202.
   7-16        (g)  The plan may not allow the commission to require a local
   7-17  government to perform any act not specifically required by state
   7-18  law or commission rule.
   7-19        SECTION 5.  Subchapter B, Chapter 361, Health and Safety
   7-20  Code, is amended by adding Section 361.0202 to read as follows:
   7-21        Sec. 361.0202.  DEVELOPMENT OF EDUCATION PROGRAMS.  (a)  The
   7-22  commission shall develop a public awareness program to increase
   7-23  awareness of individual responsibility for properly reducing and
   7-24  disposing of municipal solid waste and to encourage participation
   7-25  in waste source reduction, composting, reuse, and recycling.  The
   7-26  program shall include:
   7-27              (1)  a media campaign to develop and disseminate
    8-1  educational materials designed to establish broad public
    8-2  understanding and compliance with the state's waste reduction and
    8-3  recycling goals; and
    8-4              (2)  a curriculum, developed in cooperation with the
    8-5  commissioner of education and suitable for use in programs from
    8-6  kindergarten through high school, that promotes waste reduction and
    8-7  recycling.
    8-8        (b)  As part of the program, the commission may:
    8-9              (1)  advise and consult with individuals, businesses,
   8-10  and manufacturers on source reduction techniques and recycling; and
   8-11              (2)  sponsor or cosponsor with public and private
   8-12  organizations technical workshops and seminars on source reduction
   8-13  and recycling.
   8-14        SECTION 6.  Subchapter B, Chapter 361, Health and Safety
   8-15  Code, is amended by adding Section 361.0219 to read as follows:
   8-16        Sec. 361.0219.  OFFICE OF WASTE EXCHANGE.  (a)  The office of
   8-17  waste exchange is an office of the commission.
   8-18        (b)  The office shall facilitate the exchange of solid waste,
   8-19  recyclable or compostable materials, and other secondary materials
   8-20  among persons that generate, recycle, compost, or reuse those
   8-21  materials, in order to foster greater recycling, composting, and
   8-22  reuse in the state.  At least one party to such an exchange must be
   8-23  in the state.  The office shall provide information to interested
   8-24  persons on arranging exchanges of these materials in order to allow
   8-25  greater recycling, composting, and reuse of the materials and may
   8-26  act as broker for exchanges of the materials if private brokers are
   8-27  not available.
    9-1        (c)  The office of waste exchange shall adopt a plan for
    9-2  providing to interested persons information on waste exchange and
    9-3  shall report to the legislature on the plan and on the state's
    9-4  participation in any regional or national waste exchange program.
    9-5  Annually the office of waste exchange shall report to the
    9-6  legislature on progress in implementing this section, including
    9-7  information on the movement and exchange of materials and the
    9-8  effect on recycling, composting, and reuse rates in the state.
    9-9        SECTION 7.  Section 361.0234, Health and Safety Code, is
   9-10  amended by adding Subsection (c) to read as follows:
   9-11        (c)  The assessments and rules adopted under this section and
   9-12  Section 361.0232 may not be applied retroactively to any
   9-13  application that was declared administratively and technically
   9-14  complete and for which public hearings had commenced before June 7,
   9-15  1991.
   9-16        SECTION 8.  Section 361.024, Health and Safety Code, is
   9-17  amended by adding Subsection (e) to read as follows:
   9-18        (e)  Rules shall be adopted as provided by the Administrative
   9-19  Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
   9-20  Civil Statutes).  As provided by that Act, the commission must
   9-21  adopt rules when adopting, repealing, or amending any agency
   9-22  statement of general applicability that interprets or prescribes
   9-23  law or policy or describes the procedure or practice requirements
   9-24  of the agency.  The commission shall follow its own rules as
   9-25  adopted until it changes them in accordance with that Act.
   9-26        SECTION 9.  Subsection (a), Section 361.034, Health and
   9-27  Safety Code, is amended to read as follows:
   10-1        (a)  The commission shall submit a report to the presiding
   10-2  officers of the legislature and the governor not later than January
   10-3  1 of each odd-numbered year.  The report must include:
   10-4              (1)  a summary of a performance report of the imposed
   10-5  industrial solid waste and hazardous waste fees authorized under
   10-6  Subchapter D  and related activities to determine the
   10-7  appropriateness of the fee structures;
   10-8              (2)  an evaluation of progress made in accomplishing
   10-9  the state's public policy concerning the preference of waste
  10-10  management methods under Section 361.023;
  10-11              (3)  projections of the volume of waste by type of
  10-12  waste, disposition of waste, and remaining capacity or capacity
  10-13  used for the treatment and disposal of the waste; <and>
  10-14              (4)  projections of the availability of adequate
  10-15  capacity in this state for the management of all types of hazardous
  10-16  waste generated within the state and a report of the amounts,
  10-17  types, and sources of hazardous waste imported into and exported
  10-18  from the state in the previous year;
  10-19              (5)  an evaluation of the progress made and activities
  10-20  engaged in consistent with the state's municipal solid waste
  10-21  management plan, in particular the progress toward  meeting the
  10-22  waste reduction goal established by Section 361.0201(d);
  10-23              (6)  an evaluation of the progress made by local
  10-24  governments under the solid waste management plans;
  10-25              (7)  the status of state procurement under Section
  10-26  361.426 of products made of recycled materials or that are
  10-27  reusable, including documentation of any decision not to purchase
   11-1  those products;
   11-2              (8)  the status of the governmental entity recycling
   11-3  program established under Section 361.425, including the status of
   11-4  collection and storage procedures and program evaluations required
   11-5  by that section;
   11-6              (9)  the status of the public education program
   11-7  described in Section 361.0202; and
   11-8              (10)  recommendations to the governor and to the
   11-9  legislature for improving the management of municipal solid waste
  11-10  in the state.
  11-11        SECTION 10.  Section 361.111, Health and Safety Code, is
  11-12  amended to read as follows:
  11-13        Sec. 361.111.  COMMISSION SHALL <DEPARTMENT MAY> EXEMPT
  11-15  commission shall <department may> exempt from permit requirements a
  11-16  municipal solid waste management facility that<:>
  11-17              <(1)>  is used in the transfer of municipal solid waste
  11-18  to a solid waste processing or disposal facility from:
  11-19              (1)  a municipality <service area> with a population of
  11-20  less than 50,000;
  11-21              (2)  a county with a population of less than 85,000;
  11-22              (3)  a facility used in the transfer of municipal solid
  11-23  waste that transfers or will transfer 125 tons a day or less; or
  11-24              (4)  a materials recovery facility that recycles for
  11-25  reuse more than 10 percent of its incoming nonsegregated waste
  11-26  stream if the remaining nonrecyclable waste is transferred to a
  11-27  permitted landfill not farther than 50 miles from the materials
   12-1  recovery facility.
   12-2        (b)  The facility shall comply <5,000 to a solid waste
   12-3  processing or disposal site; and>
   12-4              <(2)  complies> with design and operational
   12-5  requirements established by commission <board of health> rule that
   12-6  are necessary to protect the public's health and the environment.
   12-7        (c)  To qualify for an exemption under this section, an
   12-8  applicant must hold a public meeting about the siting of the
   12-9  facility in the municipality or  county in which the facility is or
  12-10  will be located.
  12-11        SECTION 11.  Section 363.003, Health and Safety Code, is
  12-12  amended to read as follows:
  12-13        Sec. 363.003.  FINDINGS.  The legislature finds that:
  12-14              (1)  the growth of the state's economy and population
  12-15  has resulted in an increase in discarded materials;
  12-16              (2)  the improper management of solid waste creates
  12-17  hazards to the public health, can cause air and water pollution,
  12-18  creates public nuisances, and causes a blight on the landscape;
  12-19              (3)  there is increasing public opposition to the
  12-20  location of solid waste land disposal facilities;
  12-21              (4)  because some communities lack sufficient financial
  12-22  resources, municipal solid waste land disposal sites in the state
  12-23  are being improperly operated and maintained, causing potential
  12-24  health problems to nearby residents, attracting vectors, and
  12-25  creating conditions that destroy the beauty and quality of our
  12-26  environment;
  12-27              (5)  often, operational deficiencies occur at rural
   13-1  solid waste land disposal sites operated by local governments that
   13-2  do not have the funds, personnel, equipment, and technical
   13-3  expertise to properly operate a disposal system;
   13-4              (6)  many smaller communities and rural residents have
   13-5  no organized solid waste collection and disposal system, resulting
   13-6  in dumping of garbage and trash along the roadside, in roadside
   13-7  parks, and at illegal dump sites;
   13-8              (7)  combining two or more small, inefficient
   13-9  operations into local, regional, or countywide systems may provide
  13-10  a more economical, efficient, and safe means for the collection and
  13-11  disposal of solid waste and will offer greater opportunities for
  13-12  future resource recovery;
  13-13              (8)  there are private operators of municipal solid
  13-14  waste management systems with whom persons can contract or
  13-15  franchise their services, and many of those private operators
  13-16  possess the management expertise, qualified personnel, and
  13-17  specialized equipment for the safe collection, handling, and
  13-18  disposal of solid waste;
  13-19              (9)  technologies exist to separate usable material
  13-20  from solid waste and to convert solid waste to energy, and it will
  13-21  benefit this state to work in cooperation with private business,
  13-22  nonprofit organizations, and public agencies that have acquired
  13-23  knowledge, expertise, and technology in the fields of energy
  13-24  production and recycling, reuse, reclamation, and collection of
  13-25  materials;
  13-26              (10)  the opportunity for resource recovery is
  13-27  diminished unless local governments can exercise control over solid
   14-1  waste and can enter long-term contracts to supply solid waste to
   14-2  resource recovery systems or to operate those systems; <and>
   14-3              (11)  the control of solid waste collection and
   14-4  disposal should continue to be the responsibility of local
   14-5  governments and public agencies, but the problems of solid waste
   14-6  management have become a matter of state concern and require state
   14-7  financial assistance to plan and implement  solid waste management
   14-8  practices that encourage the safe disposal of solid waste and the
   14-9  recovery of material and energy resources from solid waste; and
  14-10              (12)  local governments should be encouraged to
  14-11  contract with waste management firms to meet the requirements of
  14-12  this chapter.
  14-13        SECTION 12.  Subchapter C, Chapter 361, Health and Safety
  14-14  Code, is amended by adding Section 361.0961 to read as follows:
  14-16  OR OTHER POLITICAL SUBDIVISION.  (a)  A local government or other
  14-17  political subdivision may not adopt an ordinance, rule, or
  14-18  regulation to:
  14-19              (1)  prohibit or restrict, for solid waste management
  14-20  purposes, the sale or use of a container or package in a manner not
  14-21  authorized by state law;
  14-22              (2)  prohibit or restrict the processing of solid waste
  14-23  by a solid waste facility, except for a solid waste facility owned
  14-24  by the local government, permitted by the commission for that
  14-25  purpose in a manner not authorized by state law; or
  14-26              (3)  assess a fee or deposit on the sale or use of a
  14-27  container or package.
   15-1        (b)  This section does not prevent a local government or
   15-2  other political subdivision from complying with federal or state
   15-3  law or regulation.  A local government or other political
   15-4  subdivision may take any action otherwise prohibited by this
   15-5  section in order to comply with federal requirements or to avoid
   15-6  federal or state penalties or fines.
   15-7        (c)  This section does not limit the authority of a local
   15-8  government to enact zoning ordinances.
   15-9        SECTION 13.  Section 363.062, Health and Safety Code, is
  15-10  amended by adding a new Subsection (d) and relettering existing
  15-11  Subsections (d) and (e) to read as follows:
  15-12        (d)  In each even-numbered year on the anniversary of the
  15-13  adoption of a municipal solid waste management plan, each planning
  15-14  region shall report to the department on the progress of the
  15-15  region's municipal solid waste management program and recycling
  15-16  activities developed under this section.  The department may not
  15-17  require a planning region to submit to the department information
  15-18  previously submitted to the department by the planning region in an
  15-19  earlier plan or report.
  15-20        (e)  If the department determines that a regional solid waste
  15-21  management plan does not conform to the requirements adopted by the
  15-22  board, the department shall give written notice to the planning
  15-23  region of each aspect of the plan that must be changed to conform
  15-24  to board requirements.  After the changes have been made in the
  15-25  plan as provided by the department, the department shall submit the
  15-26  plan to the board for approval.
  15-27        (f) <(e)>  The board by rule shall adopt an approved regional
   16-1  solid waste management plan.
   16-2        SECTION 14.  Section 363.063, Health and Safety Code, is
   16-3  amended by adding a new Subsection (d) and relettering existing
   16-4  Subsections (d) and (e) to read as follows:
   16-5        (d)  In each even-numbered year on the anniversary of the
   16-6  adoption of a municipal solid waste management plan, each local
   16-7  government shall report to the department on the progress of its
   16-8  municipal solid waste management program and recycling activities
   16-9  implemented under this section.  The department may not require a
  16-10  local government to submit to the planning region or to the
  16-11  department information previously submitted to the planning region
  16-12  or department by the local government in an earlier plan or report.
  16-13        (e)  If the department determines that a local solid waste
  16-14  management plan does not conform to the requirements adopted by the
  16-15  board, the department shall give written notice to the local
  16-16  government of each aspect of the plan that must be changed to
  16-17  conform to board requirements.  After changes are made in the plan
  16-18  as requested by the department, the department shall submit the
  16-19  plan to the board for approval.
  16-20        (f) <(e)>  The board by rule shall adopt an approved local
  16-21  solid waste management plan.
  16-22        SECTION 15.  Section 363.064, Health and Safety Code, is
  16-23  amended to read as follows:
  16-24        Sec. 363.064.  Contents of Regional or Local Solid Waste
  16-25  Management Plan.  A regional or local solid waste management plan
  16-26  must:
  16-27              (1)  include a description and an assessment of current
   17-1  efforts in the geographic area covered by the plan to minimize
   17-2  production of municipal solid waste, including sludge, and efforts
   17-3  to reuse or recycle waste;
   17-4              (2)  identify additional opportunities for waste
   17-5  minimization and waste reuse or recycling;
   17-6              (3)  include a description and assessment of existing
   17-7  or proposed community programs for the collection of household
   17-8  hazardous waste;
   17-9              (4)  make recommendations for encouraging and achieving
  17-10  a greater degree of waste minimization and waste reuse or recycling
  17-11  in the geographic area covered by the plan;
  17-12              (5)  encourage cooperative efforts between local
  17-13  governments and private industry in the siting of landfills for the
  17-14  disposal of solid waste;
  17-15              (6)  consider the need to transport waste between
  17-16  municipalities, from a municipality to an area in the jurisdiction
  17-17  of a county, or between counties, particularly if a technically
  17-18  suitable site for a landfill does not exist in a particular area;
  17-19  <and>
  17-20              (7)  allow a local government to justify the need for a
  17-21  landfill in its jurisdiction to dispose of the solid waste
  17-22  generated in the jurisdiction of another local government that does
  17-23  not have a technically suitable site for a landfill in its
  17-24  jurisdiction;<.>
  17-25              (8) <(7)>  establish recycling rate goals appropriate
  17-26  to the area covered by the plan; and
  17-27              (9) <(8)>  recommend composting programs for yard waste
   18-1  and related organic wastes that may include:
   18-2                    (A)  creation and use of community composting
   18-3  centers;
   18-4                    (B)  adoption of the "Don't Bag It" program for
   18-5  lawn clippings developed by the Texas Agricultural Extension
   18-6  Service; and
   18-7                    (C)  development and promotion of education
   18-8  programs on home composting, community composting, and the
   18-9  separation of yard waste for use as mulch;
  18-10              (10)  assess the need for new waste disposal capacity;
  18-11              (11)  include a public education program; and
  18-12              (12)  include waste reduction in accordance with the
  18-13  goal established under Section 361.0201(d), to the extent that
  18-14  funds are available.
  18-15        SECTION 16.  The office of waste exchange created by Section
  18-16  361.0219, Health and Safety Code, as added by this Act, shall adopt
  18-17  the plan required by that section not later than September 1, 1994.
  18-18        SECTION 17.  This Act does not affect the transfer of powers,
  18-19  duties, rights, and obligations made by Chapter 3, Acts of the 72nd
  18-20  Legislature, 1st Called Session, 1991.
  18-21        SECTION 18.  The change in law made by Section 361.024,
  18-22  Health and Safety Code, as amended by this Act, applies to rules in
  18-23  effect on or adopted on or after the effective date of this Act.
  18-24        SECTION 19.  This Act takes effect September 1, 1993.
  18-25        SECTION 20.  The importance of this legislation and the
  18-26  crowded condition of the calendars in both houses create an
  18-27  emergency and an imperative public necessity that the
   19-1  constitutional rule requiring bills to be read on three several
   19-2  days in each house be suspended, and this rule is hereby suspended.