1-1 By: Armbrister S.B. No. 1026
1-2 (In the Senate - Filed March 12, 1993; March 15, 1993, read
1-3 first time and referred to Committee on Finance; May 3, 1993,
1-4 reported adversely, with favorable Committee Substitute by the
1-5 following vote: Yeas 11, Nays 1; May 3, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Montford x
1-9 Turner x
1-10 Armbrister x
1-11 Barrientos x
1-12 Bivins x
1-13 Ellis x
1-14 Haley x
1-15 Moncrief x
1-16 Parker x
1-17 Ratliff x
1-18 Sims x
1-19 Truan x
1-20 Zaffirini x
1-21 COMMITTEE SUBSTITUTE FOR S.B. No. 1026 By: Truan
1-22 A BILL TO BE ENTITLED
1-23 AN ACT
1-24 relating to solid waste disposal fees.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Section 361.013, Health and Safety Code, is
1-27 amended to read as follows:
1-28 Sec. 361.013. Solid Waste Disposal and Transportation Fees.
1-29 (a) Except as provided by Subsection (f) <(e)>, the department
1-30 shall charge a fee on solid waste that is disposed of within this
1-31 state. The fee is the greater of 50 cents per ton or, for
1-32 compacted solid waste, 50 cents per cubic yard or, for uncompacted
1-33 solid waste, 10 cents per cubic yard received for disposal at a
1-34 landfill. The department shall set the fee for sludge or similar
1-35 waste applied to the land for beneficial use on a dry weight basis
1-36 and for solid waste received at an incinerator or a shredding and
1-37 composting facility at half the fee set for solid waste received
1-38 for disposal at a landfill. The department may charge comparable
1-39 fees for other means of solid waste disposal that are used.
1-40 (b) The operator of a municipal solid waste facility is
1-41 entitled to retain 15 percent of the solid waste fees collected by
1-42 the facility if the retained fees are used to purchase and operate
1-43 equipment necessary to compost yard waste, composting operations
1-44 are actually performed, and the finished compost material is
1-45 returned to beneficial reuse. The amount of the fee that may be
1-46 retained increases to 20 percent of the solid waste fee collected
1-47 by the facility if, in addition, the operator of a municipal solid
1-48 waste facility voluntarily bans the disposal of yard waste from the
1-49 facility. For purposes of this subsection, the terms "compost,"
1-50 "composting," and "yard waste" have the meanings assigned by
1-51 Section 361.421.
1-52 (c) The department may raise or lower the fees established
1-53 under Subsection (a) in accordance with department spending levels
1-54 established by the legislature.
1-55 (d) <(c)> The department shall charge an annual registration
1-56 fee to a transporter of solid waste who is required to register
1-57 with the department under rules adopted by the board of health.
1-58 The board of health by rule shall adopt a fee schedule. The fee
1-59 shall be reasonably related to the volume, the type, or both the
1-60 volume and type of waste transported. The registration fee charged
1-61 under this subsection may not be less than $25 or more than $500.
1-62 (e) <(d)> The operator of each municipal solid waste
1-63 facility shall maintain records and report to the department
1-64 annually on the amount of solid waste that the facility transfers,
1-65 processes, stores, treats, or disposes of. Each transporter
1-66 required to register with the department shall maintain records and
1-67 report to the department annually on the amount of solid waste that
1-68 the transporter transports. The board of health by rule shall
2-1 establish procedures for recordkeeping and reporting required under
2-2 this subsection.
2-3 (f) <(e)> The department may not charge a fee under
2-4 Subsection (a) for scrap tires that are deposited in a designated
2-5 recycling collection area at a landfill permitted by the commission
2-6 or the department or licensed by a county or by a political
2-7 subdivision exercising the authority granted by Section 361.165 and
2-8 that are temporarily stored for eventual recycling, reuse, or
2-9 energy recovery.
2-10 SECTION 2. Section 361.014, Health and Safety Code, is
2-11 amended to read as follows:
2-12 Sec. 361.014. Use of Solid Waste Fee Revenue. Revenue
2-13 received by the department under Section 361.013 shall be deposited
2-14 in the state treasury to the credit of the department. At least
2-15 half the revenue is dedicated to the department's municipal solid
2-16 waste permitting and enforcement programs and related support
2-17 activities, and the balance of the revenue is dedicated to pay for
2-18 activities that will enhance the state's solid waste management
2-19 program, including:
2-20 (1) provision of funds for the municipal solid waste
2-21 management planning fund and the municipal solid waste resource
2-22 recovery applied research and technical assistance fund established
2-23 by the Comprehensive Municipal Solid Waste Management, Resource
2-24 Recovery, and Conservation Act (Chapter 363);
2-25 (2) provision of technical assistance to local
2-26 governments concerning solid waste management;
2-27 (3) establishment of a solid waste resource center in
2-28 the department and an office of waste minimization and recycling;
2-29 (4) provision of supplemental funding to local
2-30 governments for the enforcement of this chapter, the Texas Litter
2-31 Abatement Act (Chapter 365), and Chapter 741, Acts of the 67th
2-32 Legislature, Regular Session, 1981 (Article 4477-9a, Vernon's Texas
2-33 Civil Statutes);
2-34 (5) conduct of a statewide public awareness program
2-35 concerning solid waste management;
2-36 (6) provision of supplemental funds for other state
2-37 agencies with responsibilities concerning solid waste management,
2-38 recycling, and other initiatives with the purpose of diverting
2-39 recyclable waste from landfills;
2-40 (7) conduct of research to promote the development and
2-41 stimulation of markets for recycled waste products;
2-42 (8) creation of a state municipal solid waste
2-43 superfund for:
2-44 (A) the cleanup of unauthorized tire dumps and
2-45 solid waste dumps for which a responsible party cannot be located
2-46 or is not immediately financially able to provide the cleanup; and
2-47 (B) the cleanup or proper closure of abandoned
2-48 or contaminated municipal solid waste sites for which a responsible
2-49 party is not immediately financially able to provide the cleanup;
2-50 <and>
2-51 (9) provision of funds for the conduct of research by
2-52 a public or private entity to assist the state in developing new
2-53 technologies and methods to reduce the amount of municipal waste
2-54 disposed of in landfills; and
2-55 (10) provision of funds for other programs that the
2-56 board of health may consider appropriate to further the purposes of
2-57 this chapter.
2-58 SECTION 3. The importance of this legislation and the
2-59 crowded condition of the calendars in both houses create an
2-60 emergency and an imperative public necessity that the
2-61 constitutional rule requiring bills to be read on three several
2-62 days in each house be suspended, and this rule is hereby suspended,
2-63 and that this Act take effect and be in force from and after its
2-64 passage, and it is so enacted.
2-65 * * * * *
2-66 Austin,
2-67 Texas
2-68 May 3, 1993
2-69 Hon. Bob Bullock
2-70 President of the Senate
3-1 Sir:
3-2 We, your Committee on Finance to which was referred S.B. No. 1026,
3-3 have had the same under consideration, and I am instructed to
3-4 report it back to the Senate with the recommendation that it do not
3-5 pass, but that the Committee Substitute adopted in lieu thereof do
3-6 pass and be printed.
3-7 Montford,
3-8 Chairman
3-9 * * * * *
3-10 WITNESSES
3-11 FOR AGAINST ON
3-12 ___________________________________________________________________
3-13 Name: Bob Gregory x
3-14 Representing: Municipal Solid Waste Mgt
3-15 City: Austin
3-16 -------------------------------------------------------------------
3-17 Name: Walter Fisher x
3-18 Representing: TMK
3-19 City: Austin
3-20 -------------------------------------------------------------------
3-21 Name: Stephen Minick x
3-22 Representing: Tx Water Commission
3-23 City: Austin
3-24 -------------------------------------------------------------------