By:  Armbrister                                       S.B. No. 1026
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to solid waste disposal fees on the composting of yard
    1-2  waste.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 361.013, Health and Safety Code, is
    1-5  amended to read as follows:
    1-6        Sec. 361.013.  Solid Waste Disposal and Transportation Fees.
    1-7  (a)  Except as provided by Subsection (f) <(e)>, the department
    1-8  shall charge a fee on solid waste that is disposed of within this
    1-9  state.  The fee is the greater of 50 cents per ton or, for
   1-10  compacted solid waste, 50 cents per cubic yard or, for uncompacted
   1-11  solid waste, 10 cents per cubic yard received for disposal at a
   1-12  landfill.  The department shall set the fee for sludge or similar
   1-13  waste applied to the land for beneficial use on a dry weight basis
   1-14  and for solid waste received at an incinerator or a shredding and
   1-15  composting facility at half the fee set for solid waste received
   1-16  for disposal at a landfill.  The department may charge comparable
   1-17  fees for other means of solid waste disposal that are used.
   1-18        (b)  The operator of a municipal solid waste facility is
   1-19  entitled to retain 15 percent of the solid waste fee collected by
   1-20  the facility if the retained fees are used to purchase and operate
   1-21  equipment necessary to compost yard waste.  Composting operations
   1-22  must actually be performed and the finished compost material
   1-23  returned to beneficial reuse in order to retain the specified
    2-1  percentage of the fee.  The amount of the fee retained shall be
    2-2  increased to 20 percent of the solid waste fee collected by the
    2-3  facility if, in addition to the requirements stated above, the
    2-4  operator of a municipal solid waste facility also voluntarily bans
    2-5  the disposal of yard waste from the facility.  For the purposes of
    2-6  this subsection the definitions for compost, composting, and yard
    2-7  waste in Section 361.421 shall apply.
    2-8        (c) <(b)>  The department may raise or lower the fees
    2-9  established under Subsection (a) in accordance with department
   2-10  spending levels established by the legislature.
   2-11        (d) <(c)>  The department shall charge an annual registration
   2-12  fee to a transporter of solid waste who is required to register
   2-13  with the department under rules adopted by the board of health.
   2-14  The board of health by rule shall adopt a fee schedule.  The fee
   2-15  shall be reasonably related to the volume, the type, or both the
   2-16  volume and type of waste transported.  The registration fee charged
   2-17  under this subsection may not be less than $25 or more than $500.
   2-18        (e) <(d)>  The operator of each municipal solid waste
   2-19  facility shall maintain records and report to the department
   2-20  annually on the amount of solid waste that the facility transfers,
   2-21  processes, stores, treats, or disposes <of>.  Each transporter
   2-22  required to register with the department shall maintain records and
   2-23  report to the department annually on the amount of solid waste that
   2-24  the transporter transports.  The board of health by rule shall
   2-25  establish procedures for recordkeeping and reporting required under
    3-1  this subsection.
    3-2        (f) <(e)>  The department may not charge a fee under
    3-3  Subsection (a) for scrap tires that are deposited in a designated
    3-4  recycling collection area at a landfill permitted by the commission
    3-5  or the department or licensed by a county or by a political
    3-6  subdivision exercising the authority granted by Section 361.165 and
    3-7  that are temporarily stored for eventual recycling, reuse, or
    3-8  energy recovery.
    3-9        SECTION 2.  The importance of this legislation and the
   3-10  crowded condition of the calendars in both houses create an
   3-11  emergency and an imperative public necessity that the
   3-12  constitutional rule requiring bills to be read on three several
   3-13  days in each house be suspended, and this rule is hereby suspended,
   3-14  and that this Act take effect and be in force according to its
   3-15  terms, and it is so enacted.