By: Sims S.B. No. 963
73R4561 MI-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to municipal solid waste management.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. The legislature finds that:
1-5 (1) the diversion of waste from the municipal solid
1-6 waste stream by encouraging affordable alternatives to disposal is
1-7 a key strategy in state-local waste management policy;
1-8 (2) a comprehensive and integrated approach to
1-9 municipal solid waste management is necessary to achieve the goal
1-10 of diverting waste from the municipal solid waste stream;
1-11 (3) waste diversion efforts should focus on landfill
1-12 components that are highest in volume and toxicity;
1-13 (4) a municipal solid waste infrastructure that
1-14 encourages the diversion of waste from landfills through an
1-15 integrated system of environmentally and economically sound waste
1-16 management incentives and the use of source reduction, reuse,
1-17 recycling, composting, and resource recovery processes should be
1-18 established;
1-19 (5) ascertainable goals for progress in diverting
1-20 waste from landfills should be provided;
1-21 (6) flexible and effective means of implementing and
1-22 enforcing municipal solid waste laws should be provided;
1-23 (7) incentives for siting new waste management
1-24 facilities and expanding existing facilities should be created;
2-1 (8) incentives for individuals and businesses to
2-2 reduce amounts of garbage produced should be created;
2-3 (9) incentives for businesses to use recycled
2-4 materials should be created;
2-5 (10) the actual cost of municipal solid waste disposal
2-6 should be imposed on those that place municipal solid waste in the
2-7 solid waste stream in order to pay for infrastructure development
2-8 and to encourage waste diversion from landfills; and
2-9 (11) a comprehensive collection program that provides
2-10 recycling opportunities for all individuals should be established.
2-11 SECTION 2. Section 361.014, Health and Safety Code, is
2-12 amended to read as follows:
2-13 Sec. 361.014. Use of Solid Waste Fee Revenue. Revenue
2-14 received by the commission <department> under Section 361.013 shall
2-15 be deposited in the state treasury to the credit of the commission
2-16 <department>. At least half the revenue is dedicated to the
2-17 commission's <department's> municipal solid waste permitting and
2-18 enforcement programs and related support activities, and the
2-19 balance of the revenue is dedicated to pay for activities that will
2-20 enhance the state's solid waste management program, including:
2-21 (1) provision of funds for the municipal solid waste
2-22 management planning fund and the municipal solid waste resource
2-23 recovery applied research and technical assistance fund established
2-24 by the Comprehensive Municipal Solid Waste Management, Resource
2-25 Recovery, and Conservation Act (Chapter 363);
2-26 (2) provision of grants to local governments for
2-27 expansion of existing and siting of new municipal solid waste
3-1 facilities under Section 361.031(d);
3-2 (3) provision of technical assistance to local
3-3 governments concerning solid waste management;
3-4 (4) <(3)> establishment of a solid waste resource
3-5 center in the department and an office of waste minimization and
3-6 recycling;
3-7 (5) <(4)> provision of supplemental funding to local
3-8 governments for the enforcement of this chapter, the Texas Litter
3-9 Abatement Act (Chapter 365), and Chapter 741, Acts of the 67th
3-10 Legislature, Regular Session, 1981 (Article 4477-9a, Vernon's Texas
3-11 Civil Statutes);
3-12 (6) <(5)> conduct of a statewide public awareness
3-13 program concerning solid waste management;
3-14 (7) <(6)> provision of supplemental funds for other
3-15 state agencies with responsibilities concerning solid waste
3-16 management, recycling, and other initiatives with the purpose of
3-17 diverting recyclable waste from landfills;
3-18 (8) <(7)> conduct of research to promote the
3-19 development and stimulation of markets for recycled waste products;
3-20 (9) <(8)> creation of a state municipal solid waste
3-21 superfund for:
3-22 (A) the cleanup of unauthorized tire dumps and
3-23 solid waste dumps for which a responsible party cannot be located
3-24 or is not immediately financially able to provide the cleanup; and
3-25 (B) the cleanup or proper closure of abandoned
3-26 or contaminated municipal solid waste sites for which a responsible
3-27 party is not immediately financially able to provide the cleanup;
4-1 and
4-2 (10) <(9)> provision of funds for other programs that
4-3 the board of health may consider appropriate to further the
4-4 purposes of this chapter.
4-5 SECTION 3. Sections 361.020(a), (b), (d), (e), and (f),
4-6 Health and Safety Code, are amended to read as follows:
4-7 (a) The commission <department> shall develop and implement
4-8 a strategic state solid waste plan for all solid waste under its
4-9 jurisdiction. The commission shall develop and implement a
4-10 strategic <state solid waste> plan for diverting municipal solid
4-11 waste from landfills by the methods listed in Sections
4-12 361.022(b)(1), (2), and (3) <under its jurisdiction. The state
4-13 agencies shall coordinate the solid waste plans developed>.
4-14 (b) A strategic plan shall<, for the kinds of waste under
4-15 the jurisdiction of the agency preparing the plan,> identify both
4-16 short-term and long-term waste management problems, set short-term
4-17 objectives as steps toward meeting long-term goals, and recommend
4-18 specific actions to be taken within state times designed to address
4-19 the identified problems and to achieve the stated objectives and
4-20 goals. A plan shall reflect the state's preferred waste management
4-21 methods as stated in Section 361.022 or 361.023 <for the kinds of
4-22 waste under the jurisdiction of the agency preparing the plan>. A
4-23 strategic plan shall establish a comprehensive municipal solid
4-24 waste management strategy for the state.
4-25 (d) The commission in developing a comprehensive statewide
4-26 <Each agency in preparing its> strategic plan shall:
4-27 (1) consult with:
5-1 (A) <(1)> the agency's waste minimization,
5-2 recycling, or reduction division;
5-3 (B) <(2)> the waste reduction advisory
5-4 committee; <and>
5-5 (C) <(3)> the interagency coordinating council;
5-6 and
5-7 (D) local governments, appropriate regional and
5-8 state agencies, businesses, citizen groups, and private waste
5-9 management firms; and
5-10 (2) hold public hearings in different regions of the
5-11 state.
5-12 (e) A strategic plan shall be updated every two years. The
5-13 commission <Each agency> continually shall collect and analyze data
5-14 for use in its next updated plan and systematically shall monitor
5-15 progress toward achieving existing plan objectives and goals. In
5-16 preparing its updated plan, an agency shall examine previously and
5-17 newly identified waste management problems, reevaluate its plan
5-18 objectives and goals, and review and update its planning documents.
5-19 (f) Before the <department or the> commission adopts its
5-20 strategic plan or makes significant amendments to the plan, the
5-21 Texas Air Control Board must have the opportunity to comment and
5-22 make recommendations on the proposed plan or amendments and shall
5-23 be given such reasonable time to do so as specified by the agency.
5-24 SECTION 4. Subchapter B, Chapter 361, Health and Safety
5-25 Code, is amended by adding Section 361.0201 to read as follows:
5-26 Sec. 361.0201. COMPREHENSIVE MUNICIPAL SOLID WASTE
5-27 MANAGEMENT STRATEGIC PLAN. (a) The comprehensive municipal solid
6-1 waste management strategic plan established under Section 361.020
6-2 shall identify the components of landfills that are highest in
6-3 volume and toxicity and shall set priorities according to those
6-4 volume and toxicity findings.
6-5 (b) The plan shall:
6-6 (1) describe the state's capacity to manage municipal
6-7 waste through existing treatment or disposal facilities and
6-8 identify all existing municipal solid waste management facilities
6-9 in the state, their capacity, and their projected remaining useful
6-10 life; and
6-11 (2) analyze the state's capacity requirements over the
6-12 planning periods specified in Section 361.020(c).
6-13 (c) The analysis of capacity requirements under Subsection
6-14 (b) shall:
6-15 (1) examine the type and amount of each municipal
6-16 solid waste stream that can reasonably be expected to be generated
6-17 in the state or accepted from other states under existing contracts
6-18 or local or regional agreements, using information on existing and
6-19 past levels of waste and representative receipts from other states,
6-20 and shall include information on the sources, characteristics, and
6-21 current patterns of waste management of those waste streams; and
6-22 (2) estimate the amount of the total municipal solid
6-23 waste identified under this subsection that is reasonably expected
6-24 to be:
6-25 (A) recycled annually, according to previous
6-26 rates of waste diversion and projected increases from those rates;
6-27 (B) transported annually to another state or
7-1 imported into this state for treatment or other disposition under
7-2 existing contracts or local or regional agreements; and
7-3 (C) disposed of or incinerated annually within
7-4 the state.
7-5 (d) The plan shall develop and, where appropriate, authorize
7-6 incentives for the expansion of existing municipal solid waste
7-7 management facilities and the siting of new municipal solid waste
7-8 management facilities under Section 361.031.
7-9 (e) The plan shall set a goal for overall reduction in the
7-10 amount of municipal solid waste disposed of in landfills of 50
7-11 percent phased in over a 10-year period. The commission may adjust
7-12 this goal if it determines that a 50 percent goal is not necessary
7-13 given the state's disposal capacity, is not economically or
7-14 technologically feasible, or is not feasible given the state's
7-15 projected population growth.
7-16 (f) The plan shall provide for the establishment of a
7-17 comprehensive collection program to make recycling available to all
7-18 individuals. The recycling program shall provide for access to
7-19 comprehensive statewide collection for recycling by the entire
7-20 state population, to be phased in as follows:
7-21 (1) by September 1, 1995, 20 percent of the population
7-22 shall have access to the program; and
7-23 (2) in each year for four years after that date, an
7-24 additional 20 percent of the population shall have access to the
7-25 program.
7-26 (g) The plan shall develop and implement funding mechanisms
7-27 and other incentives to ensure that individuals and businesses bear
8-1 the actual costs of the disposal to encourage the reduction of
8-2 waste and to foster recycling and composting.
8-3 (h) The plan shall ensure that source reduction, reuse,
8-4 recycling, composting, and resource recovery are all addressed in
8-5 an equitable fashion.
8-6 (i) The plan shall include a program of public education
8-7 developed under Section 361.0202.
8-8 SECTION 5. Subchapter B, Chapter 361, Health and Safety
8-9 Code, is amended by adding Section 361.0202 to read as follows:
8-10 Sec. 361.0202. DEVELOPMENT OF EDUCATION PROGRAMS. (a) The
8-11 commission shall develop a public awareness program to increase
8-12 awareness of individual responsibility for properly reducing and
8-13 disposing of municipal solid waste and to encourage participation
8-14 in waste source reduction, composting, reuse, and recycling. The
8-15 program shall include:
8-16 (1) a media campaign to develop and disseminate
8-17 educational materials designed to establish broad public
8-18 understanding and compliance with the state's waste diversion and
8-19 recycling goals; and
8-20 (2) a curriculum, developed in cooperation with the
8-21 commissioner of education and suitable for use in programs from
8-22 kindergarten through high school, that promotes waste reduction and
8-23 recycling.
8-24 (b) As part of the program, the commission may:
8-25 (1) advise and consult with individuals, businesses,
8-26 and manufacturers on source reduction techniques and recycling; and
8-27 (2) sponsor or cosponsor with public and private
9-1 organizations technical workshops and seminars on source reduction
9-2 and recycling.
9-3 SECTION 6. Subchapter B, Chapter 361, Health and Safety
9-4 Code, is amended by adding Section 361.0219 to read as follows:
9-5 Sec. 361.0219. OFFICE OF WASTE EXCHANGE. (a) The office of
9-6 waste exchange is an office of the commission.
9-7 (b) The office shall facilitate the exchange of solid waste,
9-8 recyclable or compostable materials, and other secondary materials
9-9 among persons that generate, recycle, compost, or reuse those
9-10 materials, in order to foster greater recycling, composting, and
9-11 reuse in the state. At least one party to such an exchange must be
9-12 in the state. The office shall provide information to interested
9-13 persons on arranging exchanges of these materials in order to allow
9-14 greater recycling, composting, and reuse of the materials, and may
9-15 act as broker for exchanges of the materials if private brokers are
9-16 not available.
9-17 (c) The office of waste exchange shall adopt a plan for
9-18 providing to interested persons information on waste exchange and
9-19 shall report to the legislature on the plan and on the state's
9-20 participation in any regional or national waste exchange program.
9-21 Annually the office of waste exchange shall report to the
9-22 legislature on progress in implementing this section, including
9-23 information on the movement and exchange of materials and the
9-24 effect on recycling, composting, and reuse rates in the state.
9-25 SECTION 7. Section 361.031, Health and Safety Code, is
9-26 amended to read as follows:
9-27 Sec. 361.031. Financial Assistance to Local Governments.
10-1 (a) The <department and the> commission may administer and spend
10-2 state funds provided to them by legislative appropriations, or
10-3 otherwise, to make grants to local governments for:
10-4 (1) solid waste planning;
10-5 (2) installation of solid waste facilities; and
10-6 (3) administration of solid waste programs.
10-7 (b) The grants made under this chapter shall be distributed
10-8 in a manner determined by the state agency to which the
10-9 appropriation is made.
10-10 (c) The amount of financial assistance granted by the state
10-11 through the <department or> commission to a local government under
10-12 this chapter must be matched by local government funds at least in
10-13 equal amounts.
10-14 (d) The commission shall make grants to local governments to
10-15 provide financial incentives for the expansion of existing
10-16 municipal solid waste management facilities and the siting of new
10-17 municipal solid waste management facilities. A local government
10-18 that enters into a contract for siting a municipal solid waste
10-19 management facility may include in that contract services,
10-20 compensation, or benefits the commission has agreed to provide the
10-21 political subdivision, including:
10-22 (1) payments in lieu of taxes on a publicly owned
10-23 site;
10-24 (2) compensation through property tax relief or
10-25 assurance of property value for property owners adjoining or in
10-26 close proximity to the facility;
10-27 (3) compensation for local public expenditures
11-1 required by and directly related to the siting of the facility;
11-2 (4) compensation for demonstrable private and
11-3 community effects from the facility;
11-4 (5) monetary compensation to the local government and
11-5 other parties affected by the facility, in addition to compensation
11-6 for necessary expenditures and demonstrable impacts; or
11-7 (6) provision of services or benefits to promote the
11-8 health, safety, comfort, and economic well-being of the political
11-9 subdivision and its citizens.
11-10 (e) The commission by rule shall establish guidelines for
11-11 the award and use of grants under this section.
11-12 SECTION 8. Section 361.034(a), Health and Safety Code, is
11-13 amended to read as follows:
11-14 (a) The commission shall submit a report to the presiding
11-15 officers of the legislature and the governor not later than January
11-16 1 of each odd-numbered year. The report must include:
11-17 (1) a summary of a performance report of the imposed
11-18 industrial solid waste and hazardous waste fees authorized under
11-19 Subchapter D and related activities to determine the
11-20 appropriateness of the fee structures;
11-21 (2) an evaluation of progress made in accomplishing
11-22 the state's public policy concerning the preference of waste
11-23 management methods under Section 361.023;
11-24 (3) projections of the volume of waste by type of
11-25 waste, disposition of waste, and remaining capacity or capacity
11-26 used for the treatment and disposal of the waste; <and>
11-27 (4) projections of the availability of adequate
12-1 capacity in this state for the management of all types of hazardous
12-2 waste generated within the state and a report of the amounts,
12-3 types, and sources of hazardous waste imported into and exported
12-4 from the state in the previous year;
12-5 (5) an evaluation of the progress made in implementing
12-6 the state's municipal solid waste management plan, in particular
12-7 the progress toward:
12-8 (A) meeting the waste reduction goal established
12-9 by Section 361.0201(e); and
12-10 (B) achieving phased-in statewide participation
12-11 in recycling programs as required by Section 361.0201(f);
12-12 (6) an evaluation of the progress made by local
12-13 governments in implementing their solid waste management plans and
12-14 recycling programs under Sections 363.062 and 363.063;
12-15 (7) the amount of financial incentives provided by the
12-16 commission under Section 361.031 to local governments and other
12-17 political subdivisions for expanding existing municipal solid waste
12-18 facilities and siting new facilities;
12-19 (8) the status of state procurement under Section
12-20 361.426 of products made of recycled materials or that are
12-21 reusable, including documentation of any decision not to purchase
12-22 those products;
12-23 (9) the status of the governmental entity recycling
12-24 program established under Section 361.425, including the status of
12-25 collection and storage procedures and program evaluations required
12-26 by that section;
12-27 (10) the status of the public education program
13-1 described in Section 361.0202; and
13-2 (11) recommendations to the governor and to the
13-3 legislature for improving the management of municipal solid waste
13-4 in the state and achieving the waste reduction goal established in
13-5 Section 361.0201(e).
13-6 SECTION 9. Section 363.003, Health and Safety Code, is
13-7 amended to read as follows:
13-8 Sec. 363.003. FINDINGS. The legislature finds that:
13-9 (1) the growth of the state's economy and population
13-10 has resulted in an increase in discarded materials;
13-11 (2) the improper management of solid waste creates
13-12 hazards to the public health, can cause air and water pollution,
13-13 creates public nuisances, and causes a blight on the landscape;
13-14 (3) there is increasing public opposition to the
13-15 location of solid waste land disposal facilities;
13-16 (4) because some communities lack sufficient financial
13-17 resources, municipal solid waste land disposal sites in the state
13-18 are being improperly operated and maintained, causing potential
13-19 health problems to nearby residents, attracting vectors, and
13-20 creating conditions that destroy the beauty and quality of our
13-21 environment;
13-22 (5) often, operational deficiencies occur at rural
13-23 solid waste land disposal sites operated by local governments that
13-24 do not have the funds, personnel, equipment, and technical
13-25 expertise to properly operate a disposal system;
13-26 (6) many smaller communities and rural residents have
13-27 no organized solid waste collection and disposal system, resulting
14-1 in dumping of garbage and trash along the roadside, in roadside
14-2 parks, and at illegal dump sites;
14-3 (7) combining two or more small, inefficient
14-4 operations into local, regional, or countywide systems may provide
14-5 a more economical, efficient, and safe means for the collection and
14-6 disposal of solid waste and will offer greater opportunities for
14-7 future resource recovery;
14-8 (8) there are private operators of municipal solid
14-9 waste management systems with whom persons can contract or
14-10 franchise their services, and many of those private operators
14-11 possess the management expertise, qualified personnel, and
14-12 specialized equipment for the safe collection, handling, and
14-13 disposal of solid waste;
14-14 (9) technologies exist to separate usable material
14-15 from solid waste and to convert solid waste to energy, and it will
14-16 benefit this state to work in cooperation with private business,
14-17 nonprofit organizations, and public agencies that have acquired
14-18 knowledge, expertise, and technology in the fields of energy
14-19 production and recycling, reuse, reclamation, and collection of
14-20 materials;
14-21 (10) the opportunity for resource recovery is
14-22 diminished unless local governments can exercise control over solid
14-23 waste and can enter long-term contracts to supply solid waste to
14-24 resource recovery systems or to operate those systems; and
14-25 (11) the control of solid waste collection and
14-26 disposal should continue to be the responsibility of local
14-27 governments and public agencies, but the problems of solid waste
15-1 management have become a matter of state concern and require state
15-2 financial assistance to plan and implement comprehensive state and
15-3 local solid waste management practices that encourage the safe
15-4 disposal of solid waste and the recovery of material and energy
15-5 resources from solid waste.
15-6 SECTION 10. Subchapter B, Chapter 361, Health and Safety
15-7 Code, is amended by adding Section 361.040 to read as follows:
15-8 Sec. 361.040. UNIFORMITY. This chapter supersedes and
15-9 preempts any local law relating to municipal solid waste management
15-10 that is inconsistent with the purposes of this chapter.
15-11 SECTION 11. Section 363.062, Health and Safety Code, is
15-12 amended by amending Subsection (a), adding a new Subsection (d),
15-13 and relettering existing Subsections (d) and (e) to read as
15-14 follows:
15-15 (a) A planning region shall develop and implement a regional
15-16 solid waste management plan as provided by Section 363.0635 that
15-17 must conform to the state solid waste management plan.
15-18 (d) On each anniversary of the adoption of a municipal solid
15-19 waste management plan, each planning region shall report to the
15-20 department on the progress of its municipal solid waste management
15-21 program and recycling activities implemented under this section.
15-22 (e) If the department determines that a regional solid waste
15-23 management plan does not conform to the requirements adopted by the
15-24 board, the department shall give written notice to the planning
15-25 region of each aspect of the plan that must be changed to conform
15-26 to board requirements. After the changes have been made in the
15-27 plan as provided by the department, the department shall submit the
16-1 plan to the board for approval.
16-2 (f) <(e)> The board by rule shall adopt an approved regional
16-3 solid waste management plan.
16-4 SECTION 12. Section 363.063, Health and Safety Code, is
16-5 amended by amending Subsection (a), adding a new Subsection (d),
16-6 and relettering existing Subsections (d) and (e) to read as
16-7 follows:
16-8 (a) A local government shall develop and implement a local
16-9 solid waste management plan as provided by Section 363.0635.
16-10 (d) On each anniversary of the adoption of a municipal solid
16-11 waste management plan, each local government shall report to the
16-12 department on the progress of its municipal solid waste management
16-13 program and recycling activities implemented under this section.
16-14 (e) If the department determines that a local solid waste
16-15 management plan does not conform to the requirements adopted by the
16-16 board, the department shall give written notice to the local
16-17 government of each aspect of the plan that must be changed to
16-18 conform to board requirements. After changes are made in the plan
16-19 as requested by the department, the department shall submit the
16-20 plan to the board for approval.
16-21 (f) <(e)> The board by rule shall adopt an approved local
16-22 solid waste management plan.
16-23 SECTION 13. Subchapter D, Chapter 363, Health and Safety
16-24 Code, is amended by adding Section 363.0636 to read as follows:
16-25 Sec. 363.0636. IMPLEMENTATION. (a) Local governments, in
16-26 consultation with the state, shall develop and implement the
16-27 municipal waste management plans required by Sections 363.062 and
17-1 363.063 not later than September 1, 1995, in order to be eligible
17-2 to receive state funding for recycling and other waste management
17-3 programs.
17-4 (b) Local governments are encouraged to enter into contracts
17-5 with waste management firms to meet the requirements of this
17-6 chapter.
17-7 SECTION 14. Section 363.064, Health and Safety Code, is
17-8 amended to read as follows:
17-9 Sec. 363.064. Contents of Regional or Local Solid Waste
17-10 Management Plan. A regional or local solid waste management plan
17-11 must:
17-12 (1) include a description and an assessment of current
17-13 efforts in the geographic area covered by the plan to minimize
17-14 production of municipal solid waste, including sludge, and efforts
17-15 to reuse or recycle waste;
17-16 (2) identify additional opportunities for waste
17-17 minimization and waste reuse or recycling and implement a recycling
17-18 strategy that:
17-19 (A) includes a program to implement the
17-20 population participation goals set by Section 361.0201(f); and
17-21 (B) ensures that residents have an opportunity
17-22 to recycle by providing one or more of the following:
17-23 (i) a local recycling center and sites for
17-24 materials recovery;
17-25 (ii) curbside collection programs;
17-26 (iii) local drop-off centers;
17-27 (iv) municipal solid waste processing with
18-1 diversion for recycling; or
18-2 (v) any other method that the local
18-3 government determines will accomplish the waste diversion goals of
18-4 Sections 361.0201(e) and (f);
18-5 (3) include a description and assessment of existing
18-6 or proposed community programs for the collection of household
18-7 hazardous waste;
18-8 (4) make recommendations for encouraging and achieving
18-9 a greater degree of waste minimization and waste reuse or recycling
18-10 in the geographic area covered by the plan;
18-11 (5) include a strategy for siting and developing waste
18-12 management facilities and encourage cooperative efforts between
18-13 local governments in the siting of landfills for the disposal of
18-14 solid waste;
18-15 (6) consider the need to transport waste between
18-16 municipalities, from a municipality to an area in the jurisdiction
18-17 of a county, or between counties, particularly if a technically
18-18 suitable site for a landfill does not exist in a particular area;
18-19 and
18-20 (7) allow a local government to justify the need for a
18-21 landfill in its jurisdiction to dispose of the solid waste
18-22 generated in the jurisdiction of another local government that does
18-23 not have a technically suitable site for a landfill in its
18-24 jurisdiction.
18-25 (8) <(7)> establish recycling rate goals appropriate
18-26 to the area covered by the plan; and
18-27 (9) <(8)> recommend composting programs for yard waste
19-1 and related organic wastes that may include:
19-2 (A) creation and use of community composting
19-3 centers;
19-4 (B) adoption of the "Don't Bag It" program for
19-5 lawn clippings developed by the Texas Agricultural Extension
19-6 Service; and
19-7 (C) development and promotion of education
19-8 programs on home composting, community composting, and the
19-9 separation of yard waste for use as mulch;
19-10 (10) assess the need for new waste disposal capacity;
19-11 (11) include a public education program; and
19-12 (12) provide for the waste reduction in accordance
19-13 with the goal established under Section 361.0201(e).
19-14 SECTION 15. Section 364.034, Health and Safety Code, is
19-15 amended by adding Subsections (c) and (d) to read as follows:
19-16 (c) A public agency or a county shall establish and
19-17 separately identify on its bills waste collection rates that:
19-18 (1) reflect the full costs of providing waste
19-19 management services;
19-20 (2) encourage waste reduction, composting, reuse, and
19-21 recycling; and
19-22 (3) are proportionate to the amount of waste
19-23 generated.
19-24 (d) Residential and business customers who source separate
19-25 recyclable materials and make those materials available for reuse
19-26 or recycling shall be charged a lower rate for the collection of
19-27 each container of separated recyclable material than is charged for
20-1 the collection of nonrecyclable materials.
20-2 SECTION 16. The office of waste exchange created by Section
20-3 361.0219, Health and Safety Code, as added by this Act, shall adopt
20-4 the plan required by that section not later than September 1, 1994.
20-5 SECTION 17. This Act takes effect September 1, 1993.
20-6 SECTION 18. The importance of this legislation and the
20-7 crowded condition of the calendars in both houses create an
20-8 emergency and an imperative public necessity that the
20-9 constitutional rule requiring bills to be read on three several
20-10 days in each house be suspended, and this rule is hereby suspended.