1-1  By:  Sims                                              S.B. No. 963
    1-2        (In the Senate - Filed March 11, 1993; March 15, 1993, read
    1-3  first time and referred to Committee on Natural Resources;
    1-4  May 7, 1993, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 8, Nays 0; May 7, 1993,
    1-6  sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Sims               x                               
   1-10        Truan              x                               
   1-11        Armbrister         x                               
   1-12        Barrientos         x                               
   1-13        Bivins             x                               
   1-14        Brown              x                               
   1-15        Carriker                            x              
   1-16        Lucio              x                               
   1-17        Montford                                       x   
   1-18        Ratliff                                        x   
   1-19        Shelley            x                               
   1-20  COMMITTEE SUBSTITUTE FOR S.B. No. 963                     By:  Sims
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to municipal solid waste management.
   1-24        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-25        SECTION 1.  The legislature finds that:
   1-26              (1)  the reduction of municipal solid waste by
   1-27  encouraging affordable alternatives to disposal is an important
   1-28  strategy in state-local waste management policy;
   1-29              (2)  improving all the municipal solid waste management
   1-30  techniques is necessary to achieve the goal of reducing the
   1-31  municipal solid waste stream;
   1-32              (3)  waste reduction efforts should focus on waste
   1-33  stream components that are highest in volume;
   1-34              (4)  a municipal solid waste infrastructure that
   1-35  encourages  the reduction of waste through environmentally and
   1-36  economically sound waste management incentives and the use of
   1-37  source reduction, reuse, recycling, composting, and resource
   1-38  recovery processes should be developed;
   1-39              (5)  flexible and effective means of implementing and
   1-40  enforcing municipal solid waste laws should be provided;
   1-41              (6)  incentives for businesses to use recycled
   1-42  materials should be created; and
   1-43              (7)  the actual cost of municipal solid waste disposal
   1-44  should be imposed by municipalities on those that place municipal
   1-45  solid waste in the solid waste stream in order to pay for
   1-46  infrastructure development and to encourage waste reduction from
   1-47  landfills.
   1-48        SECTION 2.  Section 361.014, Health and Safety Code, is
   1-49  amended to read as follows:
   1-50        Sec. 361.014.  Use of Solid Waste Fee Revenue.  Revenue
   1-51  received by the commission <department> under Section 361.013 shall
   1-52  be deposited in the state treasury to the credit of the commission
   1-53  <department>.  At least half the revenue is dedicated to the
   1-54  commission's <department's> municipal solid waste permitting and
   1-55  enforcement programs and related support activities, and the
   1-56  balance of the revenue is dedicated to pay for activities that will
   1-57  enhance the state's solid waste management program, including:
   1-58              (1)  provision of funds for the municipal solid waste
   1-59  management planning fund and the municipal solid waste resource
   1-60  recovery applied research and technical assistance fund established
   1-61  by the Comprehensive Municipal Solid Waste Management, Resource
   1-62  Recovery, and Conservation Act (Chapter 363);
   1-63              (2)  conduct of demonstration projects and studies to
   1-64  help local governments of various populations and the private
   1-65  sector to convert to accounting systems and set rates that reflect
   1-66  the full costs of providing waste management services and are
   1-67  proportionate to the amount of waste generated;
   1-68              (3)  provision of technical assistance to local
    2-1  governments concerning solid waste management;
    2-2              (4) <(3)>  establishment of a solid waste resource
    2-3  center in the department and an office of waste minimization and
    2-4  recycling;
    2-5              (5) <(4)>  provision of supplemental funding to local
    2-6  governments for the enforcement of this chapter, the Texas Litter
    2-7  Abatement Act (Chapter 365), and Chapter 741, Acts of the 67th
    2-8  Legislature, Regular Session, 1981 (Article 4477-9a, Vernon's Texas
    2-9  Civil Statutes);
   2-10              (6) <(5)>  conduct of a statewide public awareness
   2-11  program concerning solid waste management;
   2-12              (7) <(6)>  provision of supplemental funds for other
   2-13  state agencies with responsibilities concerning solid waste
   2-14  management, recycling, and other initiatives with the purpose of
   2-15  diverting recyclable waste from landfills;
   2-16              (8) <(7)>  conduct of research to promote the
   2-17  development and stimulation of markets for recycled waste products;
   2-18              (9) <(8)>  creation of a state municipal solid waste
   2-19  superfund for:
   2-20                    (A)  the cleanup of unauthorized tire dumps and
   2-21  solid waste dumps for which a responsible party cannot be located
   2-22  or is not immediately financially able to provide the cleanup; and
   2-23                    (B)  the cleanup or proper closure of abandoned
   2-24  or contaminated municipal solid waste sites for which a responsible
   2-25  party is not immediately financially able to provide the cleanup;
   2-26  and
   2-27              (10) <(9)>  provision of funds for other programs that
   2-28  the commission <board of health> may consider appropriate to
   2-29  further the purposes of this chapter.
   2-30        SECTION 3.  Subsections (a), (b), (d), (e), and (f), Section
   2-31  361.020, Health and Safety Code, are amended to read as follows:
   2-32        (a)  The commission <department> shall develop  a strategic
   2-33  state solid waste plan for all solid waste under its jurisdiction.
   2-34  The commission shall develop  a strategic <state solid waste> plan
   2-35  for the reduction of solid waste  <under its jurisdiction.  The
   2-36  state agencies shall coordinate the solid waste plans developed>.
   2-37        (b)  A strategic plan shall<, for the kinds of waste under
   2-38  the jurisdiction of the agency preparing the plan,> identify both
   2-39  short-term and long-term waste management problems, set short-term
   2-40  objectives as steps toward meeting long-term goals, and recommend
   2-41  specific actions to be taken within stated <state> times designed
   2-42  to address the identified problems and to achieve the stated
   2-43  objectives and goals.  A plan shall reflect the state's preferred
   2-44  waste management methods as stated in Section 361.022 or 361.023
   2-45  <for the kinds of waste under the jurisdiction of the agency
   2-46  preparing the plan>.  A strategic plan shall describe the total
   2-47  estimated generation of solid waste in the state over a five-year
   2-48  and a 10-year period and shall list existing and proposed solid
   2-49  waste management facilities to manage that waste.
   2-50        (d)  The commission in developing a comprehensive statewide
   2-51  <Each agency in preparing its> strategic plan shall:
   2-52              (1)  consult with:
   2-53                    (A) <(1)>  the agency's waste minimization,
   2-54  recycling, or reduction division;
   2-55                    (B)  the municipal solid waste management and
   2-56  resource recovery advisory council;
   2-57                    (C) <(2)>  the waste reduction advisory
   2-58  committee; <and>
   2-59                    (D) <(3)>  the interagency coordinating council;
   2-60  and
   2-61                    (E)  local governments, appropriate regional and
   2-62  state agencies, businesses, citizen groups, and private waste
   2-63  management firms;
   2-64              (2)  hold public hearings in different regions of the
   2-65  state; and
   2-66              (3)  publish the proposed plan in the Texas Register.
   2-67        (e)  A strategic plan shall be updated every two years.  The
   2-68  commission <Each agency> continually shall collect and analyze data
   2-69  for use in its next updated plan and systematically shall monitor
   2-70  progress toward achieving existing plan objectives and goals.  In
    3-1  preparing its updated plan, an agency shall examine previously and
    3-2  newly identified waste management problems, reevaluate its plan
    3-3  objectives and goals, and review and update its planning documents.
    3-4        (f)  Before the <department or the> commission adopts its
    3-5  strategic plan or makes significant amendments to the plan, the
    3-6  Texas Air Control Board  must have the opportunity to comment and
    3-7  make recommendations on the proposed plan or amendments and shall
    3-8  be given such reasonable time to do so as specified by the agency.
    3-9        SECTION 4.  Subchapter B, Chapter 361, Health and Safety
   3-10  Code, is amended by adding Section 361.0201 to read as follows:
   3-11        Sec. 361.0201.  COMPREHENSIVE MUNICIPAL SOLID WASTE
   3-12  MANAGEMENT STRATEGIC PLAN.  (a)  The comprehensive municipal solid
   3-13  waste management strategic plan developed under Section 361.020
   3-14  shall identify the components of  the municipal solid waste stream
   3-15  that are highest in volume and shall set priorities according to
   3-16  those findings.
   3-17        (b)  The plan shall:
   3-18              (1)  describe the capacity in the state to manage
   3-19  municipal waste through existing treatment or disposal facilities
   3-20  and identify all existing municipal solid waste management
   3-21  facilities in the state, their capacity, and their projected
   3-22  remaining useful life; and
   3-23              (2)  analyze the state's capacity requirements over the
   3-24  planning periods specified in Section 361.020(c).
   3-25        (c)  The analysis of capacity requirements under Subsection
   3-26  (b) shall:
   3-27              (1)  examine the type and amount of each municipal
   3-28  solid waste stream that can reasonably be expected to be generated
   3-29  in the state or accepted from other states, using information on
   3-30  existing and past levels of waste and representative receipts from
   3-31  other states, and shall include information on the sources,
   3-32  characteristics, and current patterns of waste management of those
   3-33  waste streams; and
   3-34              (2)  estimate the amount of the total municipal solid
   3-35  waste identified under this subsection that is reasonably expected
   3-36  to be:
   3-37                    (A)  recycled annually, according to previous
   3-38  rates and projected increases from those rates;
   3-39                    (B)  transported annually to another state or
   3-40  imported into this state for treatment or other disposition
   3-41  according to previous rates and projected increases from those
   3-42  rates; and
   3-43                    (C)  disposed of or incinerated annually within
   3-44  the state.
   3-45        (d)  The plan shall set a goal for overall reduction in the
   3-46  amount of municipal solid waste  consistent with Section 361.422
   3-47  using 1991 as the base year for computing the reduction.  The
   3-48  commission may adjust this goal if it determines that it is not
   3-49  necessary given the state's disposal capacity, is not economically
   3-50  or technologically feasible, or is not feasible given the state's
   3-51  projected population growth.
   3-52        (e)  The plan shall ensure that source reduction, reuse,
   3-53  recycling, composting, and resource recovery are all addressed.
   3-54        (f)  The plan shall include a program of public education
   3-55  developed under Section 361.0202.
   3-56        (g)  The plan may not allow the commission to require a local
   3-57  government to perform any act not specifically required by state
   3-58  law or commission rule.
   3-59        SECTION 5.  Subchapter B, Chapter 361, Health and Safety
   3-60  Code, is amended by adding Section 361.0202 to read as follows:
   3-61        Sec. 361.0202.  DEVELOPMENT OF EDUCATION PROGRAMS.  (a)  The
   3-62  commission shall develop a public awareness program to increase
   3-63  awareness of individual responsibility for properly reducing and
   3-64  disposing of municipal solid waste and to encourage participation
   3-65  in waste source reduction, composting, reuse, and recycling.  The
   3-66  program shall include:
   3-67              (1)  a media campaign to develop and disseminate
   3-68  educational materials designed to establish broad public
   3-69  understanding and compliance with the state's waste reduction and
   3-70  recycling goals; and
    4-1              (2)  a curriculum, developed in cooperation with the
    4-2  commissioner of education and suitable for use in programs from
    4-3  kindergarten through high school, that promotes waste reduction and
    4-4  recycling.
    4-5        (b)  As part of the program, the commission may:
    4-6              (1)  advise and consult with individuals, businesses,
    4-7  and manufacturers on source reduction techniques and recycling; and
    4-8              (2)  sponsor or cosponsor with public and private
    4-9  organizations technical workshops and seminars on source reduction
   4-10  and recycling.
   4-11        SECTION 6.  Subchapter B, Chapter 361, Health and Safety
   4-12  Code, is amended by adding Section 361.0219 to read as follows:
   4-13        Sec. 361.0219.  OFFICE OF WASTE EXCHANGE.  (a)  The office of
   4-14  waste exchange is an office of the commission.
   4-15        (b)  The office shall facilitate the exchange of solid waste,
   4-16  recyclable or compostable materials, and other secondary materials
   4-17  among persons that generate, recycle, compost, or reuse those
   4-18  materials, in order to foster greater recycling, composting, and
   4-19  reuse in the state.  At least one party to such an exchange must be
   4-20  in the state.  The office shall provide information to interested
   4-21  persons on arranging exchanges of these materials in order to allow
   4-22  greater recycling, composting, and reuse of the materials and may
   4-23  act as broker for exchanges of the materials if private brokers are
   4-24  not available.
   4-25        (c)  The office of waste exchange shall adopt a plan for
   4-26  providing to interested persons information on waste exchange and
   4-27  shall report to the legislature on the plan and on the state's
   4-28  participation in any regional or national waste exchange program.
   4-29  Annually the office of waste exchange shall report to the
   4-30  legislature on progress in implementing this section, including
   4-31  information on the movement and exchange of materials and the
   4-32  effect on recycling, composting, and reuse rates in the state.
   4-33        SECTION 7.  Section 361.024, Health and Safety Code, is
   4-34  amended by adding Subsection (e) to read as follows:
   4-35        (e)  Rules shall be adopted as provided by the Administrative
   4-36  Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
   4-37  Civil Statutes).  As provided by that Act, the commission must
   4-38  adopt rules when adopting, repealing, or amending any agency
   4-39  statement of general applicability that interprets or prescribes
   4-40  law or policy or describes the procedure or practice requirements
   4-41  of the agency.  The commission shall follow its own rules as
   4-42  adopted until it changes them in accordance with that Act.
   4-43        SECTION 8.  Subsection (a), Section 361.034, Health and
   4-44  Safety Code, is amended to read as follows:
   4-45        (a)  The commission shall submit a report to the presiding
   4-46  officers of the legislature and the governor not later than January
   4-47  1 of each odd-numbered year.  The report must include:
   4-48              (1)  a summary of a performance report of the imposed
   4-49  industrial solid waste and hazardous waste fees authorized under
   4-50  Subchapter D  and related activities to determine the
   4-51  appropriateness of the fee structures;
   4-52              (2)  an evaluation of progress made in accomplishing
   4-53  the state's public policy concerning the preference of waste
   4-54  management methods under Section 361.023;
   4-55              (3)  projections of the volume of waste by type of
   4-56  waste, disposition of waste, and remaining capacity or capacity
   4-57  used for the treatment and disposal of the waste; <and>
   4-58              (4)  projections of the availability of adequate
   4-59  capacity in this state for the management of all types of hazardous
   4-60  waste generated within the state and a report of the amounts,
   4-61  types, and sources of hazardous waste imported into and exported
   4-62  from the state in the previous year;
   4-63              (5)  an evaluation of the progress made and activities
   4-64  engaged in consistent with the state's municipal solid waste
   4-65  management plan, in particular the progress toward  meeting the
   4-66  waste reduction goal established by Section 361.0201(d);
   4-67              (6)  an evaluation of the progress made by local
   4-68  governments under the solid waste management plans;
   4-69              (7)  the status of state procurement under Section
   4-70  361.426 of products made of recycled materials or that are
    5-1  reusable, including documentation of any decision not to purchase
    5-2  those products;
    5-3              (8)  the status of the governmental entity recycling
    5-4  program established under Section 361.425, including the status of
    5-5  collection and storage procedures and program evaluations required
    5-6  by that section;
    5-7              (9)  the status of the public education program
    5-8  described in Section 361.0202; and
    5-9              (10)  recommendations to the governor and to the
   5-10  legislature for improving the management of municipal solid waste
   5-11  in the state.
   5-12        SECTION 9.  Section 361.111, Health and Safety Code, is
   5-13  amended to read as follows:
   5-14        Sec. 361.111.  COMMISSION SHALL <DEPARTMENT MAY> EXEMPT
   5-15  CERTAIN MUNICIPAL SOLID WASTE MANAGEMENT FACILITIES.  (a)  The
   5-16  commission shall <department may> exempt from permit requirements a
   5-17  municipal solid waste management facility that<:>
   5-18              <(1)>  is used in the transfer of municipal solid waste
   5-19  to a solid waste processing or disposal facility from:
   5-20              (1)  a municipality <service area> with a population of
   5-21  less than 50,000;
   5-22              (2)  a county with a population of less than 85,000;
   5-23              (3)  a facility used in the transfer of municipal solid
   5-24  waste that transfers or will transfer 125 tons a day or less; or
   5-25              (4)  a materials recovery facility that recycles for
   5-26  reuse more than 10 percent of its incoming nonsegregated waste
   5-27  stream if the remaining nonrecyclable waste is transferred to a
   5-28  permitted Type I landfill not farther than 50 miles from the
   5-29  materials recovery facility.
   5-30        (b)  The facility shall comply <5,000 to a solid waste
   5-31  processing or disposal site; and>
   5-32              <(2)  complies> with design and operational
   5-33  requirements established by commission <board of health> rule that
   5-34  are necessary to protect the public's health and the environment.
   5-35        (c)  To qualify for an exemption under this section, an
   5-36  applicant must hold a public meeting about the siting of the
   5-37  facility in the municipality or  county in which the facility is or
   5-38  will be located.
   5-39        SECTION 10.  Section 363.003, Health and Safety Code, is
   5-40  amended to read as follows:
   5-41        Sec. 363.003.  FINDINGS.  The legislature finds that:
   5-42              (1)  the growth of the state's economy and population
   5-43  has resulted in an increase in discarded materials;
   5-44              (2)  the improper management of solid waste creates
   5-45  hazards to the public health, can cause air and water pollution,
   5-46  creates public nuisances, and causes a blight on the landscape;
   5-47              (3)  there is increasing public opposition to the
   5-48  location of solid waste land disposal facilities;
   5-49              (4)  because some communities lack sufficient financial
   5-50  resources, municipal solid waste land disposal sites in the state
   5-51  are being improperly operated and maintained, causing potential
   5-52  health problems to nearby residents, attracting vectors, and
   5-53  creating conditions that destroy the beauty and quality of our
   5-54  environment;
   5-55              (5)  often, operational deficiencies occur at rural
   5-56  solid waste land disposal sites operated by local governments that
   5-57  do not have the funds, personnel, equipment, and technical
   5-58  expertise to properly operate a disposal system;
   5-59              (6)  many smaller communities and rural residents have
   5-60  no organized solid waste collection and disposal system, resulting
   5-61  in dumping of garbage and trash along the roadside, in roadside
   5-62  parks, and at illegal dump sites;
   5-63              (7)  combining two or more small, inefficient
   5-64  operations into local, regional, or countywide systems may provide
   5-65  a more economical, efficient, and safe means for the collection and
   5-66  disposal of solid waste and will offer greater opportunities for
   5-67  future resource recovery;
   5-68              (8)  there are private operators of municipal solid
   5-69  waste management systems with whom persons can contract or
   5-70  franchise their services, and many of those private operators
    6-1  possess the management expertise, qualified personnel, and
    6-2  specialized equipment for the safe collection, handling, and
    6-3  disposal of solid waste;
    6-4              (9)  technologies exist to separate usable material
    6-5  from solid waste and to convert solid waste to energy, and it will
    6-6  benefit this state to work in cooperation with private business,
    6-7  nonprofit organizations, and public agencies that have acquired
    6-8  knowledge, expertise, and technology in the fields of energy
    6-9  production and recycling, reuse, reclamation, and collection of
   6-10  materials;
   6-11              (10)  the opportunity for resource recovery is
   6-12  diminished unless local governments can exercise control over solid
   6-13  waste and can enter long-term contracts to supply solid waste to
   6-14  resource recovery systems or to operate those systems; <and>
   6-15              (11)  the control of solid waste collection and
   6-16  disposal should continue to be the responsibility of local
   6-17  governments and public agencies, but the problems of solid waste
   6-18  management have become a matter of state concern and require state
   6-19  financial assistance to plan and implement  solid waste management
   6-20  practices that encourage the safe disposal of solid waste and the
   6-21  recovery of material and energy resources from solid waste; and
   6-22              (12)  local governments should be encouraged to
   6-23  contract with waste management firms to meet the requirements of
   6-24  this chapter.
   6-25        SECTION 11.  Subchapter C, Chapter 361, Health and Safety
   6-26  Code, is amended by adding Section 361.0961 to read as follows:
   6-27        Sec. 361.0961.  RESTRICTIONS ON AUTHORITY OF LOCAL GOVERNMENT
   6-28  OR OTHER POLITICAL SUBDIVISION.  (a)  A local government or other
   6-29  political subdivision may not adopt an ordinance, rule, or
   6-30  regulation to:
   6-31              (1)  prohibit or restrict, for solid waste management
   6-32  purposes, the sale or use of a container or package in a manner not
   6-33  authorized by state law;
   6-34              (2)  prohibit or restrict the processing of solid waste
   6-35  by a solid waste facility permitted by the commission for that
   6-36  purpose in a manner not authorized by state law; or
   6-37              (3)  assess a fee or deposit on the sale or use of a
   6-38  container or package.
   6-39        (b)  This section does not prevent a local government or
   6-40  other political subdivision from complying with federal or state
   6-41  law or regulation.  A local government or other political
   6-42  subdivision may take any action otherwise prohibited by this
   6-43  section in order to comply with federal requirements or to avoid
   6-44  federal or state penalties or fines.
   6-45        (c)  This section does not limit the authority of a local
   6-46  government to enact zoning ordinances.
   6-47        SECTION 12.  Section 363.062, Health and Safety Code, is
   6-48  amended by adding a new Subsection (d) and relettering existing
   6-49  Subsections (d) and (e) to read as follows:
   6-50        (d)  In each even-numbered year on the anniversary of the
   6-51  adoption of a municipal solid waste management plan, each planning
   6-52  region shall report to the department on the progress of the
   6-53  region's municipal solid waste management program and recycling
   6-54  activities developed under this section.  The department may not
   6-55  require a planning region to submit to the department information
   6-56  previously submitted to the department by the planning region in an
   6-57  earlier plan or report.
   6-58        (e)  If the department determines that a regional solid waste
   6-59  management plan does not conform to the requirements adopted by the
   6-60  board, the department shall give written notice to the planning
   6-61  region of each aspect of the plan that must be changed to conform
   6-62  to board requirements.  After the changes have been made in the
   6-63  plan as provided by the department, the department shall submit the
   6-64  plan to the board for approval.
   6-65        (f) <(e)>  The board by rule shall adopt an approved regional
   6-66  solid waste management plan.
   6-67        SECTION 13.  Section 363.063, Health and Safety Code, is
   6-68  amended by adding a new Subsection (d) and relettering existing
   6-69  Subsections (d) and (e) to read as follows:
   6-70        (d)  In each even-numbered year on the anniversary of the
    7-1  adoption of a municipal solid waste management plan, each local
    7-2  government shall report to the department on the progress of its
    7-3  municipal solid waste management program and recycling activities
    7-4  implemented under this section.  The department may not require a
    7-5  local government to submit to the planning region or to the
    7-6  department information previously submitted to the planning region
    7-7  or department by the local government in an earlier plan or report.
    7-8        (e)  If the department determines that a local solid waste
    7-9  management plan does not conform to the requirements adopted by the
   7-10  board, the department shall give written notice to the local
   7-11  government of each aspect of the plan that must be changed to
   7-12  conform to board requirements.  After changes are made in the plan
   7-13  as requested by the department, the department shall submit the
   7-14  plan to the board for approval.
   7-15        (f) <(e)>  The board by rule shall adopt an approved local
   7-16  solid waste management plan.
   7-17        SECTION 14.  Section 363.064, Health and Safety Code, is
   7-18  amended to read as follows:
   7-19        Sec. 363.064.  Contents of Regional or Local Solid Waste
   7-20  Management Plan.  A regional or local solid waste management plan
   7-21  must:
   7-22              (1)  include a description and an assessment of current
   7-23  efforts in the geographic area covered by the plan to minimize
   7-24  production of municipal solid waste, including sludge, and efforts
   7-25  to reuse or recycle waste;
   7-26              (2)  identify additional opportunities for waste
   7-27  minimization and waste reuse or recycling;
   7-28              (3)  include a description and assessment of existing
   7-29  or proposed community programs for the collection of household
   7-30  hazardous waste;
   7-31              (4)  make recommendations for encouraging and achieving
   7-32  a greater degree of waste minimization and waste reuse or recycling
   7-33  in the geographic area covered by the plan;
   7-34              (5)  encourage cooperative efforts between local
   7-35  governments and private industry in the siting of landfills for the
   7-36  disposal of solid waste;
   7-37              (6)  consider the need to transport waste between
   7-38  municipalities, from a municipality to an area in the jurisdiction
   7-39  of a county, or between counties, particularly if a technically
   7-40  suitable site for a landfill does not exist in a particular area;
   7-41  <and>
   7-42              (7)  allow a local government to justify the need for a
   7-43  landfill in its jurisdiction to dispose of the solid waste
   7-44  generated in the jurisdiction of another local government that does
   7-45  not have a technically suitable site for a landfill in its
   7-46  jurisdiction;<.>
   7-47              (8) <(7)>  establish recycling rate goals appropriate
   7-48  to the area covered by the plan; and
   7-49              (9) <(8)>  recommend composting programs for yard waste
   7-50  and related organic wastes that may include:
   7-51                    (A)  creation and use of community composting
   7-52  centers;
   7-53                    (B)  adoption of the "Don't Bag It" program for
   7-54  lawn clippings developed by the Texas Agricultural Extension
   7-55  Service; and
   7-56                    (C)  development and promotion of education
   7-57  programs on home composting, community composting, and the
   7-58  separation of yard waste for use as mulch;
   7-59              (10)  assess the need for new waste disposal capacity;
   7-60              (11)  include a public education program; and
   7-61              (12)  include waste reduction in accordance with the
   7-62  goal established under Section 361.0201(d), to the extent that
   7-63  funds are available.
   7-64        SECTION 15.  The office of waste exchange created by Section
   7-65  361.0219, Health and Safety Code, as added by this Act, shall adopt
   7-66  the plan required by that section not later than September 1, 1994.
   7-67        SECTION 16.  This Act does not affect the transfer of powers,
   7-68  duties, rights, and obligations made by Chapter 3, Acts of the 72nd
   7-69  Legislature, 1st Called Session, 1991.
   7-70        SECTION 17.  The change in law made by Section 361.024,
    8-1  Health and Safety Code, as amended by this Act, applies to rules in
    8-2  effect on or adopted on or after the effective date of this Act.
    8-3        SECTION 18.  This Act takes effect September 1, 1993.
    8-4        SECTION 19.  The importance of this legislation and the
    8-5  crowded condition of the calendars in both houses create an
    8-6  emergency and an imperative public necessity that the
    8-7  constitutional rule requiring bills to be read on three several
    8-8  days in each house be suspended, and this rule is hereby suspended.
    8-9                               * * * * *
   8-10                                                         Austin,
   8-11  Texas
   8-12                                                         May 7, 1993
   8-13  Hon. Bob Bullock
   8-14  President of the Senate
   8-15  Sir:
   8-16  We, your Committee on Natural Resources to which was referred S.B.
   8-17  No. 963, have had the same under consideration, and I am instructed
   8-18  to report it back to the Senate with the recommendation that it do
   8-19  not pass, but that the Committee Substitute adopted in lieu thereof
   8-20  do pass and be printed.
   8-21                                                         Sims,
   8-22  Chairman
   8-23                               * * * * *
   8-24                               WITNESSES
   8-25                                                  FOR   AGAINST  ON
   8-26  ___________________________________________________________________
   8-27  Name:  Ken Kramer                                        x
   8-28  Representing:  Sierra Club
   8-29  City:  Austin
   8-30  -------------------------------------------------------------------
   8-31  Name:  Jon Fisher                                x
   8-32  Representing:  Tx Chemical Council
   8-33  City:  Austin
   8-34  -------------------------------------------------------------------
   8-35  Name:  Chuck Courtney                            x
   8-36  Representing:  Tx Retailers Assoc.
   8-37  City:  Austin
   8-38  -------------------------------------------------------------------
   8-39  Name:  Nub Donaldson                             x
   8-40  Representing:  BFI
   8-41  City:  Austin
   8-42  -------------------------------------------------------------------
   8-43  Name:  Brad Shields                              x
   8-44  Representing:  Kraft General Foods
   8-45  City:  Austin
   8-46  -------------------------------------------------------------------