S.B. No. 1051
AN ACT
1-1 relating to the reduction of solid waste by creating markets for
1-2 recycled materials and otherwise promoting recycling and the use of
1-3 recycled materials and by municipal solid waste management.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 ARTICLE 1. RECYCLING
1-6 SECTION 1.01. Chapter 481, Government Code, is amended by
1-7 adding Subchapter AA to read as follows:
1-8 SUBCHAPTER AA. RECYCLING MARKET DEVELOPMENT
1-9 Sec. 481.371. PURPOSE. The purpose of this subchapter is to
1-10 develop and diversify the economy of this state and develop and
1-11 expand commerce in this state through sustaining and promoting
1-12 recycling enterprises.
1-13 Sec. 481.372. DEFINITIONS. In this subchapter, "enterprise
1-14 zone" and "governing body" have the meanings assigned by the Texas
1-15 Enterprise Zone Act (Article 5190.7, Vernon's Texas Civil
1-16 Statutes).
1-17 Sec. 481.373. DESIGNATION AS RECYCLING MARKET DEVELOPMENT
1-18 ZONE. On application by the governing body of an enterprise zone,
1-19 the department may designate the enterprise zone as a recycling
1-20 market development zone for the development of local business and
1-21 industry in the zone to recycle materials that have served their
1-22 intended use or that are scrapped, discarded, used, surplus, or
1-23 obsolete by collecting, separating, or processing the materials for
2-1 use in the production of new products.
2-2 Sec. 481.374. RECYCLING MARKET DEVELOPMENT LOANS AND GRANTS.
2-3 (a) The department may make a loan or grant to the governing body
2-4 of an enterprise zone designated as a recycling market development
2-5 zone to fund an activity that sustains or increases recycling
2-6 efforts.
2-7 (b) A grant recipient under this section must match the
2-8 amount of the state grant with an equal amount of money from
2-9 another source.
2-10 (c) A grant under this section may not exceed $30,000.
2-11 (d) The department may make loans or grants from
2-12 appropriated funds or from any special fund.
2-13 Sec. 481.375. RULEMAKING. The department shall adopt
2-14 necessary rules to implement and administer this subchapter in
2-15 accordance with the purposes of this subchapter, including rules
2-16 on:
2-17 (1) criteria for designating a recycling market
2-18 development zone;
2-19 (2) designation applications, loan applications, and
2-20 grant applications;
2-21 (3) the minimum and maximum amount of a loan made
2-22 under this subchapter;
2-23 (4) application fees; and
2-24 (5) operational guidelines for loan and grant
2-25 disbursement.
3-1 SECTION 1.02. Article 3, State Purchasing and General
3-2 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
3-3 amended by adding Section 3.33 to read as follows:
3-4 Sec. 3.33. STATE AGENCY EXPENDITURES FOR RECYCLED MATERIALS.
3-5 A state agency shall expend a minimum of five percent of its
3-6 consumable procurement budget in fiscal year 1994 and eight percent
3-7 of its consumable procurement budget for each fiscal year
3-8 thereafter for materials, supplies, and equipment that have
3-9 recycled material content or are remanufactured or environmentally
3-10 sensitive, as those terms are defined by the commission. A report
3-11 of the total expenditures in these areas and the amount expended in
3-12 each category for the previous fiscal year shall be delivered to
3-13 the governor, the Legislative Budget Board, the lieutenant
3-14 governor, and the speaker of the house of representatives not later
3-15 than January 1 of each year.
3-16 SECTION 1.03. Article 11, State Purchasing and General
3-17 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
3-18 amended by adding Section 11.07 to read as follows:
3-19 Sec. 11.07. INTERSTATE COMPACTS AND COOPERATIVE AGREEMENTS
3-20 FOR PROCUREMENT OF RECYCLED PRODUCTS. The commission shall enter
3-21 into compacts and cooperative agreements with other states and
3-22 government entities for the procurement of products made of
3-23 recycled materials.
3-24 SECTION 1.04. Section 382.002, Local Government Code, is
3-25 amended to read as follows:
4-1 Sec. 382.002. Purpose. The primary purpose of this chapter
4-2 is to create county research and development authorities to promote
4-3 scientific research and development and commercialization of
4-4 research in affiliation with public and private institutions of
4-5 research, higher education, or health science centers. Research to
4-6 be promoted, developed, and commercialized includes research in
4-7 recycling processes and recyclable materials.
4-8 SECTION 1.05. Subsection (a), Section 481.078, Government
4-9 Code, is amended to read as follows:
4-10 (a) The department may develop and plan programs for the
4-11 purpose of promoting and encouraging the location and expansion of
4-12 major industrial, <and> manufacturing, and recycling enterprises
4-13 within this state and may coordinate, with the consent of local
4-14 governments, the activities of the local governments related to the
4-15 programs, including financing options available under existing law
4-16 and this section for that purpose.
4-17 SECTION 1.06. Subdivision (10), Section 2, Development
4-18 Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil
4-19 Statutes), is amended to read as follows:
4-20 (10) "Project" shall mean the land, buildings,
4-21 equipment, facilities, and improvements (one or more) found by the
4-22 board of directors to be required or suitable for the promotion of
4-23 development and expansion of manufacturing and industrial
4-24 facilities, transportation facilities (including but not limited to
4-25 airports, ports, mass commuting facilities, and parking
5-1 facilities), sewage or solid waste disposal facilities, recycling
5-2 facilities, air or water pollution control facilities, facilities
5-3 for the furnishing of water to the general public, distribution
5-4 centers, small warehouse facilities capable of serving as
5-5 decentralized storage and distribution centers, and facilities
5-6 which are related to any of the foregoing, and in furtherance of
5-7 the public purposes of this Act, all as defined in the rules of the
5-8 department, irrespective of whether in existence or required to be
5-9 identified, acquired, or constructed thereafter. As used in this
5-10 Act, the term "development areas" shall mean any area or areas of a
5-11 city that the city finds and determines, after a public hearing,
5-12 should be developed in order to meet the development objectives of
5-13 the city. In addition, in blighted or economically depressed
5-14 areas, development areas or federally assisted new communities
5-15 located within a home-rule city or a federally designated
5-16 economically depressed county of less than 50,000 persons according
5-17 to the last federal decennial census, a project may include the
5-18 land, buildings, equipment, facilities, and improvements (one or
5-19 more) found by the board of directors to be required or suitable
5-20 for the promotion of commercial development and expansion and in
5-21 furtherance of the public purposes of this Act, or for use by
5-22 commercial enterprises, all as defined in the rules of the
5-23 department, irrespective of whether in existence or required to be
5-24 acquired or constructed thereafter. As used in this Act, the term
5-25 blighted or economically depressed areas shall mean those areas and
6-1 areas immediately adjacent thereto within a city which by reason of
6-2 the presence of a substantial number of substandard, slum,
6-3 deteriorated, or deteriorating structures, or which suffer from a
6-4 high relative rate of unemployment, or which have been designated
6-5 and included in a tax incremental district created under Chapter
6-6 695, Acts of the 66th Legislature, Regular Session, 1979 (Article
6-7 1066d, Vernon's Texas Civil Statutes), or any combination of the
6-8 foregoing, the city finds and determines, after a hearing,
6-9 substantially impair or arrest the sound growth of the city, or
6-10 constitute an economic or social liability and are a menace to the
6-11 public health, safety, or welfare in their present condition and
6-12 use. The department shall adopt guidelines that describe the kinds
6-13 of areas that may be considered to be blighted or economically
6-14 depressed. The city shall consider these guidelines in making its
6-15 findings and determinations. Notice of the hearing at which the
6-16 city considers establishment of a development area or an
6-17 economically depressed or blighted area shall be posted at the city
6-18 hall before the hearing.
6-19 "Federally assisted new communities" shall mean those
6-20 federally assisted areas which have received or will receive
6-21 assistance in the form of loan guarantees under Title X of the
6-22 National Housing Act and a portion of the federally assisted area
6-23 has received grants under Section 107(a)(1) of the Housing and
6-24 Community Development Act of 1974, as amended.
6-25 SECTION 1.07. Subdivision (2), Subsection (a), Section 4B,
7-1 Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas
7-2 Civil Statutes), is amended to read as follows:
7-3 (2) "Project" means land, buildings, equipment,
7-4 facilities, and improvements included in the definition of that
7-5 term under Section 2 of this Act, including recycling facilities,
7-6 and land, buildings, equipment, facilities, and improvements found
7-7 by the board of directors to be required or suitable for use for
7-8 professional and amateur (including children's) sports, athletic,
7-9 entertainment, tourist, convention, and public park purposes and
7-10 events, including stadiums, ball parks, auditoriums, amphitheaters,
7-11 concert halls, learning centers, parks and park facilities, open
7-12 space improvements, municipal buildings, museums, exhibition
7-13 facilities, and related store, restaurant, concession, and
7-14 automobile parking facilities, related area transportation
7-15 facilities, and related roads, streets, and water and sewer
7-16 facilities, and other related improvements that enhance any of
7-17 those items.
7-18 SECTION 1.08. Section 361.013, Health and Safety Code, is
7-19 amended by amending Subsection (a) and adding Subsections (f) and
7-20 (g) to read as follows:
7-21 (a) Except as provided by Subsection (e), the department
7-22 shall charge a fee on solid waste that is disposed of within this
7-23 state. The fee is $1.25 <the greater of 50 cents> per ton received
7-24 for disposal at a landfill if the solid waste is measured by
7-25 weight. If the solid waste is measured by volume, the fee <or,>
8-1 for compacted solid waste is 40<, 50> cents per cubic yard or, for
8-2 uncompacted solid waste, 25 <10> cents per cubic yard received for
8-3 disposal at a landfill. The department shall set the fee for
8-4 sludge or similar waste applied to the land for beneficial use on a
8-5 dry weight basis and for solid waste received at an incinerator or
8-6 a shredding and composting facility at half the fee set for solid
8-7 waste received for disposal at a landfill. The department may
8-8 charge comparable fees for other means of solid waste disposal that
8-9 are used.
8-10 (f) The department may not charge a fee under Subsection (a)
8-11 for source separated yard waste materials that are composted at a
8-12 composting facility, including a composting facility located at a
8-13 permitted landfill site. The department shall credit any fee
8-14 payment due under Subsection (a) for any material received and
8-15 converted to compost or product for composting through a composting
8-16 process. Any compost or product for composting that is not used as
8-17 compost and is deposited in a landfill is not exempt from the fee.
8-18 (g) The department shall allow a home-rule municipality that
8-19 has enacted an ordinance imposing a local environmental protection
8-20 fee for disposal services as of January 1, 1993, to offer disposal
8-21 or environmental programs or services to persons within its
8-22 jurisdiction, from the revenues generated by said fee, as such
8-23 services are required by state or federal mandates. If such
8-24 services or programs are offered, the home-rule municipality may
8-25 require their use by those persons within its jurisdiction.
9-1 SECTION 1.09. Subchapter B, Chapter 361, Health and Safety
9-2 Code, is amended by adding Section 361.0135 to read as follows:
9-3 Sec. 361.0135. COMPOSTING REFUND. (a) The operator of a
9-4 public or privately owned municipal solid waste facility is
9-5 entitled to a refund of 15 percent of the solid waste fees
9-6 collected by the facility under Section 361.013(a) if:
9-7 (1) the refunds are used to lease or purchase and
9-8 operate equipment necessary to compost yard waste;
9-9 (2) composting operations are actually performed; and
9-10 (3) the finished compost material produced by the
9-11 facility is returned to beneficial reuse.
9-12 (b) The amount of the refund authorized by this section
9-13 increases to 20 percent of the solid waste fees collected by the
9-14 facility if, in addition to composting the yard waste, the operator
9-15 of the facility voluntarily bans the disposal of yard waste at the
9-16 facility.
9-17 (c) In order to receive a refund authorized by this section,
9-18 the operator of the facility must submit a composting plan to the
9-19 commission. The commission by rule may set a fee for reviewing a
9-20 composting plan in an amount not to exceed the costs of review.
9-21 (d) The operator is entitled to a refund of fees collected
9-22 by the facility under Section 361.013(a) on or after the date on
9-23 which the commission approves the composting plan. The refund is
9-24 collectable beginning on the date that the first composting
9-25 operations occur in accordance with the approved plan. The
10-1 commission may allow the refund to be applied as a credit against
10-2 fees required to be collected by the facility under Section
10-3 361.013(a).
10-4 (e) In this section, the terms "compost," "composting," and
10-5 "yard waste" have the meanings assigned by Section 361.421.
10-6 (f) This section expires September 1, 1999, if the
10-7 commission on or before that date determines that a market in
10-8 composting materials has developed sufficiently to ensure that
10-9 composting activities will continue without the incentives provided
10-10 by this section.
10-11 SECTION 1.10. Section 361.014, Health and Safety Code, is
10-12 amended to read as follows:
10-13 Sec. 361.014. Use of Solid Waste Fee Revenue. Revenue
10-14 received by the commission <department> under Section 361.013 shall
10-15 be deposited in the state treasury to the credit of the commission
10-16 <department>. At least half the revenue is dedicated to the
10-17 commission's <department's> municipal solid waste permitting and
10-18 enforcement programs and related support activities, and the
10-19 balance of the revenue is dedicated to pay for activities that will
10-20 enhance the state's solid waste management program, including:
10-21 (1) provision of funds for the municipal solid waste
10-22 management planning fund and the municipal solid waste resource
10-23 recovery applied research and technical assistance fund established
10-24 by the Comprehensive Municipal Solid Waste Management, Resource
10-25 Recovery, and Conservation Act (Chapter 363);
11-1 (2) conduct of demonstration projects and studies to
11-2 help local governments of various populations and the private
11-3 sector to convert to accounting systems and set rates that reflect
11-4 the full costs of providing waste management services and are
11-5 proportionate to the amount of waste generated;
11-6 (3) provision of technical assistance to local
11-7 governments concerning solid waste management;
11-8 (4) <(3)> establishment of a solid waste resource
11-9 center in the department and an office of waste minimization and
11-10 recycling;
11-11 (5) <(4)> provision of supplemental funding to local
11-12 governments for the enforcement of this chapter, the Texas Litter
11-13 Abatement Act (Chapter 365), and Chapter 741, Acts of the 67th
11-14 Legislature, Regular Session, 1981 (Article 4477-9a, Vernon's Texas
11-15 Civil Statutes);
11-16 (6) <(5)> conduct of a statewide public awareness
11-17 program concerning solid waste management;
11-18 (7) <(6)> provision of supplemental funds for other
11-19 state agencies with responsibilities concerning solid waste
11-20 management, recycling, and other initiatives with the purpose of
11-21 diverting recyclable waste from landfills;
11-22 (8) <(7)> conduct of research to promote the
11-23 development and stimulation of markets for recycled waste products;
11-24 (9) <(8)> creation of a state municipal solid waste
11-25 superfund for:
12-1 (A) the cleanup of unauthorized tire dumps and
12-2 solid waste dumps for which a responsible party cannot be located
12-3 or is not immediately financially able to provide the cleanup; and
12-4 (B) the cleanup or proper closure of abandoned
12-5 or contaminated municipal solid waste sites for which a responsible
12-6 party is not immediately financially able to provide the cleanup;
12-7 <and>
12-8 (10) provision of funds to mitigate the economic and
12-9 environmental impacts of lead-acid battery recycling on local
12-10 governments;
12-11 (11) provision of funds for the conduct of research by
12-12 a public or private entity to assist the state in developing new
12-13 technologies and methods to reduce the amount of municipal waste
12-14 disposed of in landfills; and
12-15 (12) <(9)> provision of funds for other programs that
12-16 the commission <board of health> may consider appropriate to
12-17 further the purposes of this chapter.
12-18 SECTION 1.11. Subdivision (5), Section 361.421, Health and
12-19 Safety Code, is amended to read as follows:
12-20 (5) "Recyclable material" means material that has been
12-21 recovered or diverted from the non-hazardous solid waste stream for
12-22 purposes of reuse, recycling, or reclamation, a substantial portion
12-23 of which is consistently used in the manufacture of products which
12-24 may otherwise be produced using raw or virgin materials.
12-25 Recyclable material is not solid waste. However, recyclable
13-1 material may become solid waste at such time, if any, as it is
13-2 abandoned or disposed of rather than recycled, whereupon it will be
13-3 solid waste with respect only to the party actually abandoning or
13-4 disposing of the material.
13-5 SECTION 1.12. Section 361.423, Health and Safety Code, is
13-6 amended to read as follows:
13-7 Sec. 361.423. RECYCLING MARKET DEVELOPMENT BOARD <STUDY> AND
13-8 IMPLEMENTATION PROGRAM. (a) The commissioner of the General Land
13-9 Office<, in cooperation with the department>, the chairman of the
13-10 Texas Water Commission, the executive director of the General
13-11 Services <Railroad> Commission <of Texas>, and the executive
13-12 director of the Texas Department of Commerce<,> shall constitute
13-13 the Recycling Market Development Board. The commissioner of the
13-14 General Land Office serves as presiding officer of the Recycling
13-15 Market Development Board for the first year, and after that year
13-16 the members of the Recycling Market Development Board shall, in the
13-17 order listed in this subsection, rotate as the presiding officer
13-18 for terms of one year. The Recycling Market Development Board may
13-19 designate chief executives of additional agencies as members of the
13-20 board if it identifies the agencies as agencies needed to assist
13-21 the board in performing its duties as outlined in Subsection (b).
13-22 The Recycling Market Development Board shall provide support to and
13-23 coordinate the recycling activities of member agencies and shall
13-24 pursue <initiate, coordinate, and conduct a comprehensive market
13-25 development study that quantifies the potential benefits and costs
14-1 of recycling in order to provide the groundwork for> an economic
14-2 development strategy that focuses on the state's waste management
14-3 priorities established by Section 361.022 and that includes
14-4 development of recycling industries and markets as an integrated
14-5 component.
14-6 (b) The Recycling Market Development Board, on an ongoing
14-7 basis, <study> shall:
14-8 (1) identify existing economic and regulatory
14-9 incentives and disincentives for creating an optimal market
14-10 development strategy;
14-11 (2) analyze the market development implications of:
14-12 (A) the state's waste management policies and
14-13 regulations;
14-14 (B) existing and potential markets for plastic,
14-15 glass, paper, lead-acid batteries, tires, compost, scrap gypsum,
14-16 coal combustion by-products, and other recyclable materials; and
14-17 (C) the state's tax structure and overall
14-18 economic base;
14-19 (3) examine and make policy recommendations regarding
14-20 the need for changes in or the development of:
14-21 (A) economic policies that affect
14-22 transportation, such as those embodied in freight rate schedules;
14-23 (B) tax incentives and disincentives;
14-24 (C) the availability of financial capital
14-25 including grants, loans, and venture capital;
15-1 (D) enterprise zones;
15-2 (E) managerial and technical assistance;
15-3 (F) job-training programs;
15-4 (G) strategies for matching market supply and
15-5 market demand for recyclable materials, including intrastate and
15-6 interstate coordination;
15-7 (H) the state recycling goal;
15-8 (I) public-private partnerships;
15-9 (J) research and development;
15-10 (K) government procurement policies;
15-11 (L) educational programs for the public,
15-12 corporate and regulated communities, and government entities; and
15-13 (M) public health and safety regulatory
15-14 policies; <and>
15-15 (4) establish a comprehensive statewide strategy to
15-16 expand markets for recycled products in Texas;
15-17 (5) provide information and technical assistance to
15-18 small and disadvantaged businesses, business development centers,
15-19 chambers of commerce, educational institutions, and nonprofit
15-20 associations on market opportunities in the area of recycling; and
15-21 (6) with the cooperation of the Office of
15-22 State-Federal Relations, assist communities and private entities in
15-23 identifying state and federal grants pertaining to recycling and
15-24 solid waste management.
15-25 (c) In carrying out this section <preparing the study>, the
16-1 responsible agencies may obtain research and development and
16-2 technical assistance from the Hazardous Waste Research Center at
16-3 Lamar University at Beaumont or other similar institutions.
16-4 (d) The General Land Office shall provide ongoing research
16-5 and assistance to the Recycling Market Development Board in
16-6 carrying out its responsibilities <develop and carry out a program
16-7 designed to implement the comprehensive statewide strategy
16-8 established pursuant to Subsection (b)(4)>.
16-9 SECTION 1.13. Section 361.428, Health and Safety Code, is
16-10 amended to read as follows:
16-11 Sec. 361.428. Composting Program. (a) <The Municipal Solid
16-12 Waste Management and Resource Recovery Advisory Council of the
16-13 department shall develop recommendations for the 73rd Legislature
16-14 regarding the development of a state composting program. In
16-15 developing these recommendations, the council shall, at a minimum,
16-16 consider:>
16-17 <(1) the development of local yard waste separation
16-18 programs;>
16-19 <(2) the commercial application of composting
16-20 activities;>
16-21 <(3) the potential beneficial uses of compost; and>
16-22 <(4) the necessary changes to existing law and
16-23 regulations required to facilitate conversion of yard waste to
16-24 compost.>
16-25 <(b)> The commission <department> shall put in place
17-1 incentives for a composting program that is capable of achieving at
17-2 least a 15 percent reduction in the amount of the municipal solid
17-3 waste stream that is disposed of in landfills by January 1, 1994.
17-4 (b) The commission shall adopt rules establishing minimum
17-5 standards and guidelines for the issuance of permits for processes
17-6 or facilities that produce compost that is the product of material
17-7 from the typical mixed solid waste stream generated by residential,
17-8 institutional, commercial, or industrial sources. A reduction in
17-9 the mixed solid waste stream that occurs as a result of the
17-10 beneficial reuse of compost produced by a facility permitted under
17-11 this subsection shall be used in achieving the goal established
17-12 under Section 361.422. The minimum standards must include
17-13 end-product standards and a definition of beneficial reuse. The
17-14 commission shall consider regulations issued by the United States
17-15 Environmental Protection Agency in developing minimum standards.
17-16 Beneficial reuse does not include landfilling or the use of compost
17-17 as daily landfill cover.
17-18 (c) A composting facility may not accept mixed municipal
17-19 solid waste from a governmental unit for composting purposes at
17-20 that facility unless residents have reasonable access to household
17-21 hazardous waste collection and source-separated recycling programs
17-22 in the area. The commission shall establish standards for
17-23 household hazardous waste collection programs and source-separated
17-24 recycling programs that qualify under this section.
17-25 SECTION 1.14. Section 361.452, Health and Safety Code, is
18-1 amended to read as follows:
18-2 Sec. 361.452. Collection for Recycling. A person selling
18-3 lead-acid batteries at retail or offering lead-acid batteries for
18-4 retail sale in this state shall:
18-5 (1) accept from each customer <customers>, if offered,
18-6 at least one but not more than three <the point of transfer, used>
18-7 lead-acid batteries for recycling <of the type and in a quantity at
18-8 least equal to the number of new batteries purchased>; and
18-9 (2) post written notice, which must be at least 8-1/2
18-10 inches by 11 inches in size, containing the universal recycling
18-11 symbol and the following language:
18-12 (A) "It is illegal to discard or improperly
18-13 dispose of a motor-vehicle battery or other lead-acid battery.";
18-14 (B) "Recycle your used batteries."; and
18-15 (C) "State law requires us to accept used
18-16 motor-vehicle batteries or other lead-acid batteries for recycling
18-17 <in exchange for new batteries purchased>."
18-18 SECTION 1.15. Section 361.454, Health and Safety Code, is
18-19 amended to read as follows:
18-20 Sec. 361.454. LEAD-ACID BATTERY WHOLESALERS. Any person
18-21 selling new lead-acid batteries at wholesale shall accept from
18-22 customers, at the point of transfer, used lead-acid batteries for
18-23 recycling <of the type and in a quantity at least equal to the
18-24 number of new batteries purchased>, if offered by customers. A
18-25 person accepting batteries in transfer from a battery retailer
19-1 shall remove batteries from the retail point of collection within
19-2 90 days after acceptance.
19-3 SECTION 1.16. Section 63.071, Agriculture Code, is amended
19-4 by adding Subsection (h) to read as follows:
19-5 (h) A person is not required to pay an inspection fee on
19-6 compost as defined by Section 361.421, Health and Safety Code.
19-7 SECTION 1.17. Section 481.295, Government Code, is amended
19-8 by adding Subsection (c) to read as follows:
19-9 (c) The department and the advisory board may make a loan or
19-10 a loan guarantee to the governing body of an enterprise zone
19-11 designated as a recycling market development zone under Subchapter
19-12 AA to fund an activity that sustains or increases recycling
19-13 efforts.
19-14 SECTION 1.18. The Texas Natural Resource Conservation
19-15 Commission shall adopt the rules required by Subsection (b),
19-16 Section 361.428, Health and Safety Code, as added by this article,
19-17 not later than six months after the effective date of this Act.
19-18 ARTICLE 2. MUNICIPAL SOLID WASTE MANAGEMENT
19-19 SECTION 2.01. The legislature finds that:
19-20 (1) the reduction of municipal solid waste by
19-21 encouraging affordable alternatives to disposal is an important
19-22 strategy in state-local waste management policy;
19-23 (2) improving all the municipal solid waste management
19-24 techniques is necessary to achieve the goal of reducing the
19-25 municipal solid waste stream;
20-1 (3) waste reduction efforts should focus on waste
20-2 stream components that are highest in volume;
20-3 (4) a municipal solid waste infrastructure that
20-4 encourages the reduction of waste through environmentally and
20-5 economically sound waste management incentives and the use of
20-6 source reduction, reuse, recycling, composting, and resource
20-7 recovery processes should be developed;
20-8 (5) flexible and effective means of implementing and
20-9 enforcing municipal solid waste laws should be provided;
20-10 (6) incentives for businesses to use recycled
20-11 materials should be created; and
20-12 (7) the actual cost of municipal solid waste disposal
20-13 should be imposed by municipalities on those that place municipal
20-14 solid waste in the solid waste stream in order to pay for
20-15 infrastructure development and to encourage waste reduction from
20-16 landfills.
20-17 SECTION 2.02. Subsections (a), (b), (d), (e), and (f),
20-18 Section 361.020, Health and Safety Code, are amended to read as
20-19 follows:
20-20 (a) The commission <department> shall develop a strategic
20-21 state solid waste plan for all solid waste under its jurisdiction.
20-22 The commission shall develop a strategic <state solid waste> plan
20-23 for the reduction of solid waste <under its jurisdiction. The
20-24 state agencies shall coordinate the solid waste plans developed>.
20-25 (b) A strategic plan shall<, for the kinds of waste under
21-1 the jurisdiction of the agency preparing the plan,> identify both
21-2 short-term and long-term waste management problems, set short-term
21-3 objectives as steps toward meeting long-term goals, and recommend
21-4 specific actions to be taken within stated <state> times designed
21-5 to address the identified problems and to achieve the stated
21-6 objectives and goals. A plan shall reflect the state's preferred
21-7 waste management methods as stated in Section 361.022 or 361.023
21-8 <for the kinds of waste under the jurisdiction of the agency
21-9 preparing the plan>. A strategic plan shall describe the total
21-10 estimated generation of solid waste in the state over a five-year
21-11 and a 10-year period and shall list existing and proposed solid
21-12 waste management facilities to manage that waste.
21-13 (d) The commission in developing a comprehensive statewide
21-14 <Each agency in preparing its> strategic plan shall:
21-15 (1) consult with:
21-16 (A) <(1)> the agency's waste minimization,
21-17 recycling, or reduction division;
21-18 (B) the municipal solid waste management and
21-19 resource recovery advisory council;
21-20 (C) <(2)> the waste reduction advisory
21-21 committee; <and>
21-22 (D) <(3)> the interagency coordinating council;
21-23 and
21-24 (E) local governments, appropriate regional and
21-25 state agencies, businesses, citizen groups, and private waste
22-1 management firms;
22-2 (2) hold public hearings in different regions of the
22-3 state; and
22-4 (3) publish the proposed plan in the Texas Register.
22-5 (e) A strategic plan shall be updated every two years. The
22-6 commission <Each agency> continually shall collect and analyze data
22-7 for use in its next updated plan and systematically shall monitor
22-8 progress toward achieving existing plan objectives and goals. In
22-9 preparing its updated plan, an agency shall examine previously and
22-10 newly identified waste management problems, reevaluate its plan
22-11 objectives and goals, and review and update its planning documents.
22-12 (f) Before the <department or the> commission adopts its
22-13 strategic plan or makes significant amendments to the plan, the
22-14 Texas Air Control Board must have the opportunity to comment and
22-15 make recommendations on the proposed plan or amendments and shall
22-16 be given such reasonable time to do so as specified by the agency.
22-17 SECTION 2.03. Subchapter B, Chapter 361, Health and Safety
22-18 Code, is amended by adding Section 361.0201 to read as follows:
22-19 Sec. 361.0201. COMPREHENSIVE MUNICIPAL SOLID WASTE
22-20 MANAGEMENT STRATEGIC PLAN. (a) The comprehensive municipal solid
22-21 waste management strategic plan developed under Section 361.020
22-22 shall identify the components of the municipal solid waste stream
22-23 that are highest in volume and shall set priorities according to
22-24 those findings.
22-25 (b) The plan shall:
23-1 (1) describe the capacity in the state to manage
23-2 municipal waste through existing treatment or disposal facilities
23-3 and identify all existing municipal solid waste management
23-4 facilities in the state, their capacity, and their projected
23-5 remaining useful life; and
23-6 (2) analyze the state's capacity requirements over the
23-7 planning periods specified in Section 361.020(c).
23-8 (c) The analysis of capacity requirements under Subsection
23-9 (b) shall:
23-10 (1) examine the type and amount of each municipal
23-11 solid waste stream that can reasonably be expected to be generated
23-12 in the state or accepted from other states, using information on
23-13 existing and past levels of waste and representative receipts from
23-14 other states, and shall include information on the sources,
23-15 characteristics, and current patterns of waste management of those
23-16 waste streams; and
23-17 (2) estimate the amount of the total municipal solid
23-18 waste identified under this subsection that is reasonably expected
23-19 to be:
23-20 (A) recycled annually, according to previous
23-21 rates and projected increases from those rates;
23-22 (B) transported annually to another state or
23-23 imported into this state for treatment or other disposition
23-24 according to previous rates and projected increases from those
23-25 rates; and
24-1 (C) disposed of or incinerated annually within
24-2 the state.
24-3 (d) The plan shall set a goal for overall reduction in the
24-4 amount of municipal solid waste consistent with Section 361.422
24-5 using 1991 as the base year for computing the reduction. The
24-6 commission may adjust this goal if it determines that it is not
24-7 necessary given the state's disposal capacity, is not economically
24-8 or technologically feasible, or is not feasible given the state's
24-9 projected population growth.
24-10 (e) The plan shall ensure that source reduction, reuse,
24-11 recycling, composting, and resource recovery are all addressed.
24-12 (f) The plan shall include a program of public education
24-13 developed under Section 361.0202.
24-14 (g) The plan may not allow the commission to require a local
24-15 government to perform any act not specifically required by state
24-16 law or commission rule.
24-17 SECTION 2.04. Subchapter B, Chapter 361, Health and Safety
24-18 Code, is amended by adding Section 361.0202 to read as follows:
24-19 Sec. 361.0202. DEVELOPMENT OF EDUCATION PROGRAMS. (a) The
24-20 commission shall develop a public awareness program to increase
24-21 awareness of individual responsibility for properly reducing and
24-22 disposing of municipal solid waste and to encourage participation
24-23 in waste source reduction, composting, reuse, and recycling. The
24-24 program shall include:
24-25 (1) a media campaign to develop and disseminate
25-1 educational materials designed to establish broad public
25-2 understanding and compliance with the state's waste reduction and
25-3 recycling goals; and
25-4 (2) a curriculum, developed in cooperation with the
25-5 commissioner of education and suitable for use in programs from
25-6 kindergarten through high school, that promotes waste reduction and
25-7 recycling.
25-8 (b) As part of the program, the commission may:
25-9 (1) advise and consult with individuals, businesses,
25-10 and manufacturers on source reduction techniques and recycling; and
25-11 (2) sponsor or cosponsor with public and private
25-12 organizations technical workshops and seminars on source reduction
25-13 and recycling.
25-14 SECTION 2.05. Subchapter B, Chapter 361, Health and Safety
25-15 Code, is amended by adding Section 361.0219 to read as follows:
25-16 Sec. 361.0219. OFFICE OF WASTE EXCHANGE. (a) The office of
25-17 waste exchange is an office of the commission.
25-18 (b) The office shall facilitate the exchange of solid waste,
25-19 recyclable or compostable materials, and other secondary materials
25-20 among persons that generate, recycle, compost, or reuse those
25-21 materials, in order to foster greater recycling, composting, and
25-22 reuse in the state. At least one party to such an exchange must be
25-23 in the state. The office shall provide information to interested
25-24 persons on arranging exchanges of these materials in order to allow
25-25 greater recycling, composting, and reuse of the materials, and may
26-1 act as broker for exchanges of the materials if private brokers are
26-2 not available.
26-3 (c) The office of waste exchange shall adopt a plan for
26-4 providing to interested persons information on waste exchange and
26-5 shall report to the legislature on the plan and on the state's
26-6 participation in any regional or national waste exchange program.
26-7 Annually the office of waste exchange shall report to the
26-8 legislature on progress in implementing this section, including
26-9 information on the movement and exchange of materials and the
26-10 effect on recycling, composting, and reuse rates in the state.
26-11 SECTION 2.06. Section 361.024, Health and Safety Code, is
26-12 amended by adding Subsection (e) to read as follows:
26-13 (e) Rules shall be adopted as provided by the Administrative
26-14 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
26-15 Civil Statutes). As provided by that Act, the commission must
26-16 adopt rules when adopting, repealing, or amending any agency
26-17 statement of general applicability that interprets or prescribes
26-18 law or policy or describes the procedure or practice requirements
26-19 of the agency. The commission shall follow its own rules as
26-20 adopted until it changes them in accordance with that Act.
26-21 SECTION 2.07. Subsection (a), Section 361.034, Health and
26-22 Safety Code, is amended to read as follows:
26-23 (a) The commission shall submit a report to the presiding
26-24 officers of the legislature and the governor not later than January
26-25 1 of each odd-numbered year. The report must include:
27-1 (1) a summary of a performance report of the imposed
27-2 industrial solid waste and hazardous waste fees authorized under
27-3 Subchapter D and related activities to determine the
27-4 appropriateness of the fee structures;
27-5 (2) an evaluation of progress made in accomplishing
27-6 the state's public policy concerning the preference of waste
27-7 management methods under Section 361.023;
27-8 (3) projections of the volume of waste by type of
27-9 waste, disposition of waste, and remaining capacity or capacity
27-10 used for the treatment and disposal of the waste; <and>
27-11 (4) projections of the availability of adequate
27-12 capacity in this state for the management of all types of hazardous
27-13 waste generated within the state and a report of the amounts,
27-14 types, and sources of hazardous waste imported into and exported
27-15 from the state in the previous year;
27-16 (5) an evaluation of the progress made and activities
27-17 engaged in consistent with the state's municipal solid waste
27-18 management plan, in particular the progress toward meeting the
27-19 waste reduction goal established by Section 361.0201(d);
27-20 (6) an evaluation of the progress made by local
27-21 governments under the solid waste management plans;
27-22 (7) the status of state procurement under Section
27-23 361.426 of products made of recycled materials or that are
27-24 reusable, including documentation of any decision not to purchase
27-25 those products;
28-1 (8) the status of the governmental entity recycling
28-2 program established under Section 361.425, including the status of
28-3 collection and storage procedures and program evaluations required
28-4 by that section;
28-5 (9) the status of the public education program
28-6 described in Section 361.0202; and
28-7 (10) recommendations to the governor and to the
28-8 legislature for improving the management of municipal solid waste
28-9 in the state.
28-10 SECTION 2.08. Section 361.111, Health and Safety Code, is
28-11 amended to read as follows:
28-12 Sec. 361.111. COMMISSION SHALL <DEPARTMENT MAY> EXEMPT
28-13 CERTAIN MUNICIPAL SOLID WASTE MANAGEMENT FACILITIES. (a) The
28-14 commission shall <department may> exempt from permit requirements a
28-15 municipal solid waste management facility that<:>
28-16 <(1)> is used in the transfer of municipal solid waste
28-17 to a solid waste processing or disposal facility from:
28-18 (1) a municipality <service area> with a population of
28-19 less than 50,000;
28-20 (2) a county with a population of less than 85,000;
28-21 (3) a facility used in the transfer of municipal solid
28-22 waste that transfers or will transfer 125 tons a day or less; or
28-23 (4) a materials recovery facility that recycles for
28-24 reuse more than 10 percent of its incoming nonsegregated waste
28-25 stream if the remaining nonrecyclable waste is transferred to a
29-1 permitted Type I landfill not farther than 50 miles from the
29-2 materials recovery facility.
29-3 (b) The facility shall comply <5,000 to a solid waste
29-4 processing or disposal site; and>
29-5 <(2) complies> with design and operational
29-6 requirements established by commission <board of health> rule that
29-7 are necessary to protect the public's health and the environment.
29-8 (c) To qualify for an exemption under this section, an
29-9 applicant must hold a public meeting about the siting of the
29-10 facility in the municipality or county in which the facility is or
29-11 will be located.
29-12 SECTION 2.09. Section 363.062, Health and Safety Code, is
29-13 amended by adding a new Subsection (d) and relettering existing
29-14 Subsections (d) and (e) to read as follows:
29-15 (d) In each even-numbered year on the anniversary of the
29-16 adoption of a municipal solid waste management plan, each planning
29-17 region shall report to the department on the progress of the
29-18 region's municipal solid waste management program and recycling
29-19 activities developed under this section. The department may not
29-20 require a planning region to submit to the department information
29-21 previously submitted to the department by the planning region in an
29-22 earlier plan or report.
29-23 (e) If the department determines that a regional solid waste
29-24 management plan does not conform to the requirements adopted by the
29-25 board, the department shall give written notice to the planning
30-1 region of each aspect of the plan that must be changed to conform
30-2 to board requirements. After the changes have been made in the
30-3 plan as provided by the department, the department shall submit the
30-4 plan to the board for approval.
30-5 (f) <(e)> The board by rule shall adopt an approved regional
30-6 solid waste management plan.
30-7 SECTION 2.10. Section 363.063, Health and Safety Code, is
30-8 amended by adding a new Subsection (d) and relettering existing
30-9 Subsections (d) and (e) to read as follows:
30-10 (d) In each even-numbered year on the anniversary of the
30-11 adoption of a municipal solid waste management plan, each local
30-12 government shall report to the department on the progress of its
30-13 municipal solid waste management program and recycling activities
30-14 implemented under this section. The department may not require a
30-15 local government to submit to the planning region or to the
30-16 department information previously submitted to the planning region
30-17 or department by the local government in an earlier plan or report.
30-18 (e) If the department determines that a local solid waste
30-19 management plan does not conform to the requirements adopted by the
30-20 board, the department shall give written notice to the local
30-21 government of each aspect of the plan that must be changed to
30-22 conform to board requirements. After changes are made in the plan
30-23 as requested by the department, the department shall submit the
30-24 plan to the board for approval.
30-25 (f) <(e)> The board by rule shall adopt an approved local
31-1 solid waste management plan.
31-2 SECTION 2.11. Section 363.064, Health and Safety Code, is
31-3 amended to read as follows:
31-4 Sec. 363.064. Contents of Regional or Local Solid Waste
31-5 Management Plan. A regional or local solid waste management plan
31-6 must:
31-7 (1) include a description and an assessment of current
31-8 efforts in the geographic area covered by the plan to minimize
31-9 production of municipal solid waste, including sludge, and efforts
31-10 to reuse or recycle waste;
31-11 (2) identify additional opportunities for waste
31-12 minimization and waste reuse or recycling;
31-13 (3) include a description and assessment of existing
31-14 or proposed community programs for the collection of household
31-15 hazardous waste;
31-16 (4) make recommendations for encouraging and achieving
31-17 a greater degree of waste minimization and waste reuse or recycling
31-18 in the geographic area covered by the plan;
31-19 (5) encourage cooperative efforts between local
31-20 governments and private industry in the siting of landfills for the
31-21 disposal of solid waste;
31-22 (6) consider the need to transport waste between
31-23 municipalities, from a municipality to an area in the jurisdiction
31-24 of a county, or between counties, particularly if a technically
31-25 suitable site for a landfill does not exist in a particular area;
32-1 <and>
32-2 (7) allow a local government to justify the need for a
32-3 landfill in its jurisdiction to dispose of the solid waste
32-4 generated in the jurisdiction of another local government that does
32-5 not have a technically suitable site for a landfill in its
32-6 jurisdiction;<.>
32-7 (8) <(7)> establish recycling rate goals appropriate
32-8 to the area covered by the plan; <and>
32-9 (9) <(8)> recommend composting programs for yard waste
32-10 and related organic wastes that may include:
32-11 (A) creation and use of community composting
32-12 centers;
32-13 (B) adoption of the "Don't Bag It" program for
32-14 lawn clippings developed by the Texas Agricultural Extension
32-15 Service; and
32-16 (C) development and promotion of education
32-17 programs on home composting, community composting, and the
32-18 separation of yard waste for use as mulch;
32-19 (10) assess the need for new waste disposal capacity;
32-20 (11) include a public education program; and
32-21 (12) include waste reduction in accordance with the
32-22 goal established under Section 361.0201(d), to the extent that
32-23 funds are available.
32-24 SECTION 2.12. The office of waste exchange created by
32-25 Section 361.0219, Health and Safety Code, as added by this article,
33-1 shall adopt the plan required by that section not later than
33-2 September 1, 1994.
33-3 SECTION 2.13. The change in law made by Section 361.024,
33-4 Health and Safety Code, as amended by this article, applies to
33-5 rules in effect on or adopted on or after the effective date of
33-6 this Act.
33-7 ARTICLE 3. TIRE RECYCLING
33-8 SECTION 3.01. Sections 361.471 and 361.472, Health and
33-9 Safety Code, are amended to read as follows:
33-10 Sec. 361.471. Definitions. In this subchapter:
33-11 (1) "Fund" means the waste tire recycling fund.
33-12 (2) "Green tire" means the casing form of a tire that
33-13 has not been cured or does not have a tread or marking of any kind.
33-14 (3) "Manufacturer reject tire" means a tire rendered
33-15 defective in the manufacturing process, whether the tire is
33-16 determined to be defective before or after consumer purchase.
33-17 (4) "Mobile tire shredder" means equipment mounted on
33-18 wheels or skid-mounted and hauled from place to place to split,
33-19 shred, or quarter used or scrap tires.
33-20 (5) <(3)> "Scrap tire" has the meaning assigned by
33-21 Section 361.112.
33-22 (6) <(4)> "Waste tire facility" means a facility
33-23 registered <permitted> by the commission <department> under Section
33-24 361.477 <361.112> at which scrap tires are collected <or deposited>
33-25 and shredded to facilitate the future extraction of useful
34-1 materials for recycling, reuse, or energy recovery and are stored
34-2 in a waste tire storage facility or a facility that recycles,
34-3 reuses, or recovers the energy from the shredded tire pieces.
34-4 (7) <(5)> "Waste tire processor" means:
34-5 (A) a waste tire facility; or
34-6 (B) a mobile tire shredder that splits, shreds,
34-7 or quarters tires and deposits the split, shredded, or quartered
34-8 tires for eventual recycling, reuse, or energy recovery at:
34-9 (i) a waste tire storage facility
34-10 registered by the commission <department> under Section 361.112; or
34-11 (ii) a waste tire facility.
34-12 (8) "Waste tire storage facility" means a facility
34-13 registered by the commission under Section 361.477 at which whole
34-14 used or scrap tires or shredded tire pieces are collected and
34-15 stored to facilitate the future extraction of useful material for
34-16 recycling, reuse, or recovery. The term does not include a marine
34-17 dock, rail yard, or trucking facility used to store tires that are
34-18 awaiting shipment to a person for recycling, reuse, or energy
34-19 recovery for 30 days or less.
34-20 (9) <(6)> "Waste tire transporter" means a person who
34-21 collects and transports used or scrap tires or scrap tire pieces
34-22 for storage or disposal.
34-23 (10) <(7)> "Weighed tire" means a unit of weight for
34-24 shredded scrap tires that is equal to 18.7 pounds.
34-25 Sec. 361.472. Waste Tire Recycling Fees. (a) A wholesale
35-1 or retail tire dealer who sells or offers to sell new tires not for
35-2 resale shall collect at the time and place of sale a waste tire
35-3 recycling fee <of $2> for each new <automobile, van, bus, truck,
35-4 trailer, semitrailer, truck tractor and semitrailer combination, or
35-5 recreational vehicle> tire sold as follows:
35-6 (1) $2 for each tire that has a rim diameter of <equal
35-7 to or greater than> 12 inches but less than 17.5 <26> inches;
35-8 (2) $3.50 for each tire that has a rim diameter of
35-9 17.5 inches but less than 25 inches; and
35-10 (3) $2 for a motorcycle tire, regardless of the rim
35-11 diameter.
35-12 (b) The sale of a tire as original equipment in the
35-13 manufacture of a new vehicle is a sale for resale.
35-14 (c) A fee may not be assessed for a bicycle tire.
35-15 (d) <A dealer required to collect a fee under this section
35-16 may retain 2 1/2 cents from each fee the dealer collects. A
35-17 dealer shall account for amounts retained under this subsection in
35-18 the manner prescribed by the comptroller.>
35-19 <(c)> A dealer required to collect a fee under this section:
35-20 (1) shall list as a separate item on an invoice a fee
35-21 due under this section; and
35-22 (2) except as provided by Subsection (e) <(d)>, on or
35-23 before the 20th day of the month following the end of each calendar
35-24 month and on a form and in the manner prescribed by the
35-25 comptroller, shall file a report with and shall remit to the
36-1 comptroller the amount of fees collected during the preceding
36-2 calendar month.
36-3 (e) <(d)> A person required to collect a fee under this
36-4 section who collects less than $50 for a calendar month or less
36-5 than $150 for a calendar quarter is not required to file a monthly
36-6 report but shall file a quarterly report with and make a quarterly
36-7 remittance to the comptroller. The quarterly report and remittance
36-8 shall include fees collected during the preceding calendar quarter.
36-9 The report and remittance are due not later than the 20th day of
36-10 the month following the end of the calendar quarter.
36-11 (f) <(e)> An invoice or other record required by this
36-12 section or rules of the comptroller must be maintained for at least
36-13 four years after the date on which the invoice or record is
36-14 prepared and be open for inspection by the comptroller at all
36-15 reasonable times.
36-16 (g) <(f)> The comptroller shall adopt rules necessary for
36-17 the administration, collection, reporting, and payment of the fees
36-18 payable or collected under this section.
36-19 (h) A waste tire recycling fee is imposed on the storage,
36-20 use, or consumption in this state of a new tire at the same rate as
36-21 provided by Subsection (a), except when purchased for the purpose
36-22 of resale.
36-23 (i) A person storing, using, or consuming a new tire in this
36-24 state is liable for the waste tire recycling fee as defined in this
36-25 section and is responsible for reporting and paying the fee to the
37-1 comptroller in the same manner as a person required to collect this
37-2 fee, as provided in Subsections (d)(2) and (e).
37-3 (j) A person storing, using, or consuming a new tire in this
37-4 state is not further liable for the waste tire recycling fee
37-5 imposed by Subsection (a) if the person pays the fee to a
37-6 wholesaler or retailer engaged in business in this state or another
37-7 person authorized by the comptroller to collect the fee and
37-8 receives from the wholesaler, retailer, or other person a
37-9 purchaser's receipt.
37-10 SECTION 3.02. Subchapter P, Chapter 361, Health and Safety
37-11 Code, is amended by adding Section 361.4725 to read as follows:
37-12 Sec. 361.4725. REGISTRATION; FEE. A person who applies to
37-13 the commission to register a waste tire storage facility or a fixed
37-14 or mobile tire processor, or to renew or amend the registration,
37-15 must pay a fee of $500.
37-16 SECTION 3.03. Sections 361.475, 361.476, and 361.477, Health
37-17 and Safety Code, are amended to read as follows:
37-18 Sec. 361.475. Waste Tire Recycling Fund. (a) The waste
37-19 tire recycling fund is a special account in the general revenue
37-20 fund.
37-21 (b) The commission <department> shall administer the fund.
37-22 (c) The fund consists of fees and penalties collected under
37-23 this subchapter, interest on money in the fund, and money from
37-24 gifts, grants, or any other source intended to be used for the
37-25 purposes of this subchapter.
38-1 (d) The fund may be used only to pay:
38-2 (1) waste tire processors that meet the requirements
38-3 for payment under Section 361.477 and rules adopted under that
38-4 section;
38-5 (2) the commission's <department's> reasonable and
38-6 necessary administrative costs of performing its duties under this
38-7 subchapter in an amount not to exceed six percent of the money
38-8 annually accruing to the fund; and
38-9 (3) the comptroller's reasonable and necessary
38-10 administrative costs of performing the comptroller's duties under
38-11 this subchapter in an amount not to exceed two percent of the money
38-12 annually accruing to the fund.
38-13 (e) Registration fees received under Section 361.4725 shall
38-14 be allocated to the commission for its reasonable and necessary
38-15 costs associated with reviewing applications for registration of
38-16 and with registering fixed and mobile tire processing facilities
38-17 and storage sites.
38-18 (f) The fund may not be used to reimburse shredding of:
38-19 (1) innertubes;
38-20 (2) scrap rubber products;
38-21 (3) green tires;
38-22 (4) industrial solid waste, excluding waste tires;
38-23 (5) oversized tires, as defined by commission rule,
38-24 unless the oversized tires are collected from a priority
38-25 enforcement list site; or
39-1 (6) manufacturer reject tires.
39-2 (g) The commission may classify special authorization tires,
39-3 as defined by commission rule, as priority enforcement list tires.
39-4 (h) The fund shall maintain a balance of not less than
39-5 $500,000.
39-6 (i) If the commission has reason to believe that the fund
39-7 balance will fall below $500,000, the commission may:
39-8 (1) suspend the requirement to reimburse priority
39-9 enforcement list tires shredded in excess of the minimum percentage
39-10 identified in Section 361.477(c)(3)(C); or
39-11 (2) limit the number of waste tires for which a
39-12 processor will be reimbursed.
39-13 (j) The revenues obtained from the waste tire recycling fees
39-14 shall be deposited to the credit of the waste tire recycling fund
39-15 and may be used only to pay for those activities and costs
39-16 identified in Subsection (d) or (e).
39-17 Sec. 361.476. Priority Enforcement List. The commission
39-18 <department> shall identify scrap <unauthorized> tire sites <dumps>
39-19 that present an existing or potential threat to public health and
39-20 safety or to the environment and shall prepare an enforcement list
39-21 of those sites <dumps>, giving priority to sites <dumps> for which
39-22 the commission cannot locate a person who:
39-23 (1) is the property owner of record, the site
39-24 operator, or the depositor of the scrap tires on the site;
39-25 (2) has benefitted financially from the disposition of
40-1 the scrap tires on the site; and
40-2 (3) is financially capable of paying all or part of
40-3 the total or partial cleanup of the site, considering the costs of
40-4 the cleanup as the commission determines <a responsible party
40-5 cannot be located>.
40-6 Sec. 361.477. Payments to Waste Tire Processors. (a) The
40-7 commission <department> each month shall pay a waste tire processor
40-8 that shreds scrap tires and meets the requirements of this section
40-9 and rules adopted under this section an amount equal to 85 cents
40-10 for each weighed tire shredded by the processor during the
40-11 preceding calendar month.
40-12 (b) If the total number of used or scrap tires or tire
40-13 pieces contained in illegal scrap tire sites that are identified on
40-14 the priority enforcement list is below 500,000 tires, the
40-15 commission may pay more than 85 cents for each weighed tire to
40-16 processors with whom the commission has contracted to remove and
40-17 shred scrap tires and scrap tire pieces from priority enforcement
40-18 list sites. The 500,000 tire limit does not include those tires
40-19 contained in sites under commission enforcement or attorney general
40-20 action or that require corrective action or remedial action in
40-21 response to a release or threat of release of hazardous substances.
40-22 In acting under this subsection, the commission may contract with
40-23 processors on a regional or site-specific basis. The contracts
40-24 shall be procured through a competitive bid process conducted in
40-25 accordance with the provisions of the State Purchasing and General
41-1 Services Act (Article 601b, Vernon's Texas Civil Statutes)
41-2 applicable to contracts for services. The commission may elect not
41-3 to enter into contracts under this subsection. The contracts may
41-4 be only for the removal and shredding of tires from priority
41-5 enforcement list sites.
41-6 (c) A waste tire processor that desires to receive payment
41-7 under this section for tires shredded by the processor during a
41-8 calendar month must:
41-9 (1) apply to the commission for registration
41-10 <department> in accordance with forms prescribed by the commission
41-11 <department>;
41-12 (2) apply to the commission for payment on forms
41-13 prescribed by the commission or, on a voluntary basis, apply by a
41-14 removable storage medium stored in an industry standard file format
41-15 acceptable to the commission;
41-16 (3) demonstrate as required by rules adopted under
41-17 this section that:
41-18 (A) all tires for which payment is sought have
41-19 been shredded to a particle size not larger than nine square
41-20 inches; <and>
41-21 (B) not less than 25 percent of those tires were
41-22 collected from generators; and
41-23 (C) if the total number of used or scrap tires
41-24 or tire pieces contained in illegal waste tire sites that are
41-25 identified on the priority enforcement list exceeds 500,000 tires
42-1 for more than 30 consecutive days, not less than 15 <25> percent
42-2 and not more than 30 percent of those tires were collected from
42-3 scrap tire sites <dumps> listed on the <department's> priority
42-4 enforcement list;
42-5 (4) <(3)> provide any other information the commission
42-6 <department> determines is needed to accomplish the purposes of
42-7 this subchapter, including a monthly report of scrap tires or tire
42-8 pieces shredded, subtotaled by tire count or weight, for each
42-9 generator number and priority enforcement list number; <and>
42-10 (5) <(4)> demonstrate that energy recovery activities
42-11 in the state are in compliance with applicable air emission control
42-12 rules and standards as adopted by the Texas Air Control Board; and
42-13 (6) provide financial assurance deemed adequate by the
42-14 commission that corresponds to:
42-15 (A) the payment appropriate for the number of
42-16 scrap tires the processor anticipates shredding in the next
42-17 calendar month; or
42-18 (B) the number of scrap tires the waste tire
42-19 storage site owner or operator anticipates accepting for storage in
42-20 the next calendar month.
42-21 (d) <(c)> A waste tire processor that in any month exceeds
42-22 the <25 percent> minimum requirement of Subsection (c)(3)(C)
42-23 <(b)(2)> shall receive a credit for the amount in excess of the
42-24 requirement <25 percent> that may be used to meet the minimum
42-25 requirement during a later month. The commission <board of health>
43-1 by rule may prescribe the method of applying credits accrued under
43-2 this subsection.
43-3 (e) <(d)> The commission <board of health> by rule shall
43-4 adopt application and payment procedures and requirements to
43-5 implement this section.
43-6 (f) Until the commission has determined that a waste tire
43-7 processor is in compliance with all applicable requirements, the
43-8 commission may not authorize the processor to process or store
43-9 scrap tires at a site at which the processor processes or stores or
43-10 intends to process or store scrap tires.
43-11 (g) Notwithstanding Section 361.486, the commission may
43-12 reimburse a processor for shredded scrap tires if the processor has
43-13 a binding agreement to deliver the shredded scrap tires to a person
43-14 to recycle or reuse or to use for energy recovery within 180 days
43-15 after the date of reimbursement.
43-16 (h) The commission may not pay a waste tire processor for
43-17 processing scrap tires if the commission determines that the
43-18 processor:
43-19 (1) has not provided adequate financial assurance;
43-20 (2) does not have adequate fire protection; or
43-21 (3) is causing an imminent danger to public health or
43-22 welfare.
43-23 (i) The commission shall issue to an applicant all
43-24 processing and storage registrations necessary to begin operations
43-25 and obtain reimbursement from the fund if the applicant, on or
44-1 before March 10, 1993:
44-2 (1) had an application pending for a new processing
44-3 facility that was reviewed by the commission and found to be in
44-4 general technical compliance;
44-5 (2) had an application pending for a new storage
44-6 facility with a total capacity in excess of 7 million waste tire
44-7 units; and
44-8 (3) had expended or committed in excess of $1 million
44-9 in total project costs.
44-10 (j) The commission shall adopt rules to manage payments from
44-11 the fund to prevent depletion of the fund. Rules adopted under
44-12 this subsection shall consider:
44-13 (1) appropriate payments to reflect the varying
44-14 amounts of money available in the fund;
44-15 (2) a waste tire processor's monthly average number of
44-16 tires for which the processor has been reimbursed historically;
44-17 (3) a waste tire processor's shredding and storage
44-18 capacity; and
44-19 (4) the date the waste tire processor was registered.
44-20 (k) If a waste tire processor does not fully use its monthly
44-21 allocation for reimbursement, the commission may assign the unused
44-22 portion of the allocation to another waste tire processor who can
44-23 demonstrate having underutilized shredding and storage capacity
44-24 available for service to rural counties in this state.
44-25 (l) A person receiving payment from the fund may only
45-1 receive more than 85 cents per waste tire unit under Subsection
45-2 (b).
45-3 <(e) A permitted Type VIII tire monofill approved under
45-4 board of health rules may qualify as a waste tire processor and is
45-5 eligible to receive payment under this section if the Type VIII
45-6 tire monofill complies with all the provisions of this subchapter
45-7 and rules of the board of health.>
45-8 SECTION 3.04. Subchapter P, Chapter 361, Health and Safety
45-9 Code, is amended by adding Sections 361.4771, 361.4772, and
45-10 361.4773 to read as follows:
45-11 Sec. 361.4771. PAYMENT FOR SHREDDING OUTSIDE OF STATE.
45-12 Effective September 1, 1994, the commission may reimburse a
45-13 registered waste tire processor for shredding tires generated in
45-14 this state and shredded outside this state if the processor:
45-15 (1) meets all requirements that apply to a waste tire
45-16 processor who shreds tires within this state;
45-17 (2) monthly reimburses the state for reasonable and
45-18 necessary costs incurred by an agency of the state for such related
45-19 to the out-of-state facility regulatory activities as are deemed
45-20 necessary by such agency;
45-21 (3) voluntarily submits to the commission's
45-22 enforcement authority as necessary to ensure compliance with this
45-23 subchapter; and
45-24 (4) agrees to maintain evidence of financial
45-25 responsibility under Section 361.479 in an amount equal to twice
46-1 the amount that would be required of an in-state waste tire
46-2 processor.
46-3 Sec. 361.4772. PAYMENT FOR BALING TIRES. Effective March 1,
46-4 1994, a registered waste tire processor who bales whole tires for
46-5 energy recovery purposes is eligible for reimbursement at a rate of
46-6 25 cents for each tire if the processor meets the requirements of
46-7 this subchapter that apply to a waste tire processor including
46-8 provisions for financial assurance for such baled tires. The
46-9 commission shall adopt rules to determine the amount of financial
46-10 assurance required under this section to apply to baled tires or
46-11 whole tires stored for baling. A processor seeking reimbursement
46-12 under this section for baling tires may not, directly or
46-13 indirectly, receive additional reimbursement from the fund for the
46-14 shredding of such baled tires.
46-15 Sec. 361.4773. PAYMENT FOR RECYCLING TIRES INTO PRODUCT.
46-16 The commission by rule may establish a program to reimburse from
46-17 the fund a waste tire recycler no more than 25 cents for each
46-18 weighed tire the waste tire recycler processes to make useful
46-19 products.
46-20 SECTION 3.05. Sections 361.478 and 361.479, Health and
46-21 Safety Code, are amended to read as follows:
46-22 Sec. 361.478. Evaluation of Recycling and Energy Recovery
46-23 Activities; Certification for Payment. (a) Beginning January 1,
46-24 1996 <June 1, 1995>, and every two <five> years after that date,
46-25 the commission <department> shall evaluate according to standards
47-1 adopted by commission <board of health> rule the recycling and
47-2 energy recovery activities of each waste tire processor that
47-3 received payment from the waste tire recycling fund <under Section
47-4 361.477 during the preceding five years>.
47-5 (b) After evaluation, the commission <department> shall
47-6 certify as eligible for payment under this subchapter <Section
47-7 361.477> during the next two <five> years a waste tire processor
47-8 that has conducted or provided for recycling of or energy recovery
47-9 from tires for which the processor received payment during the
47-10 preceding period of operation <five years>.
47-11 (c) A waste tire processor that receives payment under this
47-12 subchapter <Section 361.477> during any two-year <five-year> period
47-13 and that after evaluation is not certified by the commission
47-14 <department> under Subsection (b) as eligible for payment under
47-15 this subchapter <Section 361.477> may not receive payment under
47-16 this subchapter <that section> for the next two <five> years.
47-17 (d) The commission <board of health> by rule may establish a
47-18 procedure by which a waste tire processor can reestablish
47-19 eligibility for payment under this subchapter <Section 361.477>.
47-20 Sec. 361.479. Evidence of Financial Responsibility. (a) A
47-21 waste tire storage facility registered by the commission
47-22 <department> under Section 361.112 or a waste tire facility that
47-23 accepts shredded scrap tires for storage or for processing for
47-24 recycling, reuse, or energy recovery shall submit to the commission
47-25 <department> evidence of financial responsibility in an amount
48-1 adequate to assure proper cleanup and <or> closure of the facility.
48-2 (b) A facility subject to Subsection (a) shall submit to the
48-3 commission <department> an estimate of the total amount of shredded
48-4 scrap tires and tire pieces measured by weighed tire that the
48-5 facility will store or process, the maximum number of out-of-state
48-6 tires the facility will store, and the estimated cost, using that
48-7 total amount, of cleaning up and <or> closing the facility.
48-8 (c) The commission <department> shall evaluate and may amend
48-9 an estimate submitted under Subsection (b) and <by order> shall
48-10 determine for each facility the amount for which evidence of
48-11 financial responsibility is required.
48-12 (d) Evidence of financial responsibility may be in the form
48-13 of:
48-14 (1) a performance bond or<,> a letter of credit
48-15 acceptable to the commission that is from a <recognized> financial
48-16 institution, a trust fund, or insurance for a privately owned
48-17 facility; or
48-18 (2) a self-insurance test designed by the commission<,
48-19 or a resolution by the commissioners court or the city council, as
48-20 appropriate,> for a publicly owned facility. A person who makes an
48-21 initial request for reimbursement from the waste tire recycling
48-22 fund on or after September 1, 1993, must provide evidence of
48-23 financial responsibility for the full amount determined under
48-24 Subsection (c).
48-25 SECTION 3.06. Sections 361.482 and 361.483, Health and
49-1 Safety Code, are amended to read as follows:
49-2 Sec. 361.482. Prohibition on Disposal of Shredded Tires in
49-3 Landfill. A waste tire processor may not dispose of shredded scrap
49-4 tires in a landfill if the processor has received payment under
49-5 Section 361.477 for shredding the tires.
49-6 Sec. 361.483. Civil Penalty. (a) A person who violates
49-7 this subchapter or a rule adopted or order issued under this
49-8 subchapter <Section 361.481 or 361.482> is liable for a civil
49-9 penalty of up to $10,000 for each violation and for each day of a
49-10 continuing violation.
49-11 (b) The attorney general or the prosecuting attorney in the
49-12 county in which the alleged violation occurs may bring suit to
49-13 recover the civil penalty imposed under Subsection (a).
49-14 (c) A penalty collected under this section shall be
49-15 deposited to the credit of the waste tire recycling fund.
49-16 SECTION 3.07. Subchapter P, Chapter 361, Health and Safety
49-17 Code, is amended by adding Sections 361.4831 and 361.4832 to read
49-18 as follows:
49-19 Sec. 361.4831. INJUNCTION FOR CORRECTIVE ACTION. (a) The
49-20 attorney general or the prosecuting attorney in a county in which
49-21 the violation occurs may bring suit for an injunction to compel a
49-22 person who violates this subchapter or a rule adopted or order
49-23 issued under this subchapter to take corrective action.
49-24 (b) The suit may be brought independently of or in
49-25 conjunction with a suit under Section 382.483.
50-1 Sec. 361.4832. ADMINISTRATIVE PENALTY AND ORDER FOR
50-2 CORRECTIVE ACTION. If a person violates this subchapter or a rule
50-3 adopted or order issued under this subchapter the commission may:
50-4 (1) assess against the person an administrative
50-5 penalty under Section 361.252; or
50-6 (2) order the person to take a corrective action.
50-7 SECTION 3.08. Sections 361.484 and 361.485, Health and
50-8 Safety Code, are amended to read as follows:
50-9 Sec. 361.484. Rules. The commission <board of health> may
50-10 adopt rules reasonably necessary to implement this subchapter.
50-11 Sec. 361.485. Report. Not later than February 1 of each
50-12 odd-numbered year, the commission <department> shall report to the
50-13 governor and the legislature on the administration of the program
50-14 established under this subchapter and its effectiveness in cleaning
50-15 up existing scrap tire sites <dumps> and in preventing new scrap
50-16 tire sites <dumps>.
50-17 SECTION 3.09. Subchapter P, Chapter 361, Health and Safety
50-18 Code, is amended by adding Sections 361.486 through 361.495 to read
50-19 as follows:
50-20 Sec. 361.486. RECYCLING EFFORTS. (a) On and after January
50-21 1, 1996, for all new, amended, and renewal processing registration
50-22 applications, the processor must identify those persons who will
50-23 accept the processor's shredded scrap tire pieces for recycling or
50-24 reuse or to use the shredded scrap tires for energy recovery. The
50-25 commission shall reimburse a processor for only those shredded
51-1 tires that the commission determines are committed to a legitimate
51-2 end user.
51-3 (b) The commission may disapprove of the use a person
51-4 identified by the processor has for the tire pieces unless the
51-5 person identified is authorized by the state to use tire-derived
51-6 fuel for energy recovery.
51-7 (c) The commission by rule shall define recycling for
51-8 purposes of this subchapter.
51-9 (d) On or before January 1, 1994, and on a semiannual basis
51-10 thereafter, registered processors and storage site owners and
51-11 operators shall report their recycling, reuse, and energy recovery
51-12 activities to the commission. The commission by rule shall
51-13 prescribe the form and other requirements of the report.
51-14 (e) A person who, in this state, recycles or recovers the
51-15 energy from shredded tire pieces shall register with the commission
51-16 in accordance with the rules and on the forms prescribed by the
51-17 commission.
51-18 Sec. 361.487. REIMBURSEMENT RESTRICTIONS. (a) A processor
51-19 seeking reimbursement under Section 361.477 shall process and store
51-20 the scrap tires or scrap tire pieces in the state.
51-21 (b) The commission shall treat scrap tires and scrap tire
51-22 pieces generated in Texas, removed from Texas, and subsequently
51-23 reintroduced to Texas as out-of-state scrap tires for the purposes
51-24 of this subchapter.
51-25 (c) Scrap tires and scrap tire pieces that are shredded and
52-1 for which a person is reimbursed may not be disposed of in a Type
52-2 VIII-S tire monofill.
52-3 Sec. 361.488. GENERATOR CHARGE FOR SCRAP TIRES PROHIBITED.
52-4 A scrap tire generator may not receive remuneration in exchange for
52-5 scrap tires.
52-6 Sec. 361.489. IMMEDIATE REMOVAL AND REMEDIAL ACTION BY
52-7 COMMISSION. (a) The commission may, with the funds available to
52-8 the commission from the waste tire recycling fund, undertake
52-9 immediate remediation of a site if, after investigation, the
52-10 commission finds:
52-11 (1) that there exists a situation caused by the
52-12 illegal dumping of scrap tires that is causing or may cause
52-13 imminent and substantial endangerment to the public health and
52-14 safety or the environment; and
52-15 (2) the immediacy of the situation makes it
52-16 prejudicial to the public interest to delay action until an
52-17 administrative order can be issued to potentially responsible
52-18 parties or until a judgment can be entered in an appeal of an
52-19 administrative order.
52-20 (b) If a person ordered to eliminate an imminent and
52-21 substantial danger to the public health and safety or the
52-22 environment has failed to do so within the time limits specified in
52-23 the order or any extension of time approved by the commission, the
52-24 commission may implement a remedial program for the site.
52-25 (c) The commission may bring suit against a potentially
53-1 responsible party to recover reasonable expenses incurred in
53-2 undertaking immediate removal under Subsection (a) or in
53-3 implementing a remedial action order under Subsection (b). For
53-4 purposes of this subsection, the commission shall employ the
53-5 following three criteria to determine whether a person is a
53-6 potentially responsible party:
53-7 (1) the person must be the property owner of record,
53-8 the site operator, or the depositor of the scrap tires on the site;
53-9 (2) the person must have benefitted financially from
53-10 the disposition of the scrap tires on the site; and
53-11 (3) the person must be financially capable of paying
53-12 all or part of the costs of the total or partial cleanup of the
53-13 site, considering the costs of the cleanup as determined by the
53-14 commission.
53-15 (d) The commission shall file the suit to recover costs not
53-16 later than one year after the date removal or remedial measures are
53-17 completed.
53-18 (e) Money collected in a suit to recover costs shall be
53-19 deposited to the credit of the waste tire recycling fund.
53-20 (f) The commission, in lieu of bringing suit to recover
53-21 costs incurred under this section, may file a lien against the
53-22 property on which the site is located. The lien shall state the
53-23 name of the owner of the property, the amount owed, and the legal
53-24 description of the property. The lien arises and attaches on the
53-25 date the lien is filed in the real property records of the county
54-1 in which the property is located. The lien is subordinate to the
54-2 rights of prior bona fide purchasers or lienholders on the
54-3 property.
54-4 Sec. 361.490. ACCESS TO PRIORITY ENFORCEMENT LIST SITE.
54-5 (a) Members of the commission, employees or agents of the
54-6 commission, and authorized processors or their subcontractors are
54-7 entitled to enter any public or private property at any reasonable
54-8 time for the purpose of inspecting, investigating, or remediating
54-9 any condition related to illegal dumping of scrap tires. An
54-10 authorized processor or subcontractor is entitled to enter property
54-11 only if the commission directs the processor or subcontractor to
54-12 enter the property. The executive director shall give notice of
54-13 intent to enter private property for those purposes by certified
54-14 mail to the last known address indicated in the current county
54-15 property records at least 10 days before a commission member,
54-16 commission employee or agent, or authorized processor or
54-17 subcontractor enters the property. A commission member, commission
54-18 employee or agent, or authorized processor or subcontractor who,
54-19 acting under this subsection, enters private property shall:
54-20 (1) observe the establishment's rules concerning
54-21 safety, internal security, and fire protection; and
54-22 (2) if the property has management in residence, make
54-23 a reasonable attempt to notify the management or person in charge
54-24 of the entry and exhibit credentials.
54-25 (b) Authorized processors and their subcontractors may not
55-1 be considered agents of the state and are solely responsible for
55-2 their actions.
55-3 Sec. 361.491. INJUNCTION TO RESTRAIN VIOLATION. If it
55-4 appears that a person has violated, is violating, or is threatening
55-5 to violate this subchapter or a rule, permit, or order adopted or
55-6 issued under this subchapter, the executive director may bring suit
55-7 in a district court for injunctive relief to restrain the person
55-8 from continuing the violation or threat of violation.
55-9 Sec. 361.492. NEW TIRE WHOLESALERS AND RETAILERS. A person
55-10 selling new tires as described in Section 361.472(a) shall accept
55-11 from customers, without charge, used tires of the type and in a
55-12 quantity at least equal to the number of new tires purchased.
55-13 Sec. 361.493. CONFIDENTIALITY. Information submitted to the
55-14 commission in accordance with Section 361.477(g) or Section
55-15 361.486(a) or (d), and any report generated by the commission based
55-16 on the information, is confidential and is not subject to
55-17 disclosure under Chapter 424, Acts of the 63rd Legislature, Regular
55-18 Session, 1973 (Article 6252-17a, Vernon's Texas Civil Statutes),
55-19 and the commission shall protect the information accordingly.
55-20 Sec. 361.494. APPEAL. The commission shall establish a
55-21 process by which a registered waste tire processor who is adversely
55-22 affected by an agency decision affecting reimbursement may appeal
55-23 that decision to the executive director or the commission.
55-24 Sec. 361.495. ENSURING CAPACITY. Not later than October 1
55-25 of each odd-numbered year, the commission shall determine the total
56-1 shredding capacity of all registered waste tire processors. If the
56-2 commission determines that the shredding capacity is less than the
56-3 previous year's reimbursed waste tire units, the commission may
56-4 issue registrations to waste tire processors until the anticipated
56-5 shredding capacity equals the previous year's reimbursed waste tire
56-6 units. If the commission determines that the shredding capacity
56-7 exceeds the previous year's reimbursed waste tire units, the
56-8 commission may not issue a registration to a new waste tire
56-9 processor until the next capacity assessment is completed.
56-10 SECTION 3.10. Section 361.014, Health and Safety Code, is
56-11 amended to read as follows:
56-12 Sec. 361.014. Use of Solid Waste Fee Revenue. (a) Revenue
56-13 received by the department under Section 361.013 shall be deposited
56-14 in the state treasury to the credit of the department. At least
56-15 half the revenue is dedicated to the department's municipal solid
56-16 waste permitting and enforcement programs and related support
56-17 activities, and the balance of the revenue is dedicated to pay for
56-18 activities that will enhance the state's solid waste management
56-19 program, including:
56-20 (1) provision of funds for the municipal solid waste
56-21 management planning fund and the municipal solid waste resource
56-22 recovery applied research and technical assistance fund established
56-23 by the Comprehensive Municipal Solid Waste Management, Resource
56-24 Recovery, and Conservation Act (Chapter 363);
56-25 (2) provision of technical assistance to local
57-1 governments concerning solid waste management;
57-2 (3) establishment of a solid waste resource center in
57-3 the department and an office of waste minimization and recycling;
57-4 (4) provision of supplemental funding to local
57-5 governments for the enforcement of this chapter, the Texas Litter
57-6 Abatement Act (Chapter 365), and Chapter 741, Acts of the 67th
57-7 Legislature, Regular Session, 1981 (Article 4477-9a, Vernon's Texas
57-8 Civil Statutes);
57-9 (5) conduct of a statewide public awareness program
57-10 concerning solid waste management;
57-11 (6) provision of supplemental funds for other state
57-12 agencies with responsibilities concerning solid waste management,
57-13 recycling, and other initiatives with the purpose of diverting
57-14 recyclable waste from landfills;
57-15 (7) conduct of research to promote the development and
57-16 stimulation of markets for recycled waste products;
57-17 (8) creation of a state municipal solid waste
57-18 superfund for:
57-19 (A) the cleanup of unauthorized tire dumps and
57-20 solid waste dumps for which a responsible party cannot be located
57-21 or is not immediately financially able to provide the cleanup; and
57-22 (B) the cleanup or proper closure of abandoned
57-23 or contaminated municipal solid waste sites for which a responsible
57-24 party is not immediately financially able to provide the cleanup;
57-25 and
58-1 (9) provision of funds for other programs that the
58-2 board of health may consider appropriate to further the purposes of
58-3 this chapter.
58-4 (b) Revenue derived from fees charged under Section
58-5 361.013(c) to a transporter of whole used or scrap tires or
58-6 shredded tire pieces shall be deposited to the credit of the waste
58-7 tire recycling fund.
58-8 SECTION 3.11. Section 361.112, Health and Safety Code, is
58-9 amended by adding Subsection (m) to read as follows:
58-10 (m) The commission may adopt rules to regulate the storage
58-11 of scrap or shredded tires that are stored at a marine dock, rail
58-12 yard, or trucking facility for more than 30 days.
58-13 SECTION 3.12. Section 363.041, Health and Safety Code, is
58-14 amended to read as follows:
58-15 Sec. 363.041. Composition of Advisory Council. The
58-16 Municipal Solid Waste Management and Resource Recovery Advisory
58-17 Council is composed of the following 17 <15> members appointed by
58-18 the board:
58-19 (1) an elected official from a municipality with a
58-20 population of 750,000 or more;
58-21 (2) an elected official from a municipality with a
58-22 population of 100,000 or more but less than 750,000;
58-23 (3) an elected official from a municipality with a
58-24 population of 25,000 or more but less than 100,000;
58-25 (4) an elected official from a municipality with a
59-1 population of less than 25,000;
59-2 (5) two elected officials of separate counties, one of
59-3 whom is from a county with a population of less than 150,000;
59-4 (6) an official from a municipality or county solid
59-5 waste agency;
59-6 (7) a representative from a private environmental
59-7 conservation organization;
59-8 (8) a representative from a public solid waste
59-9 district or authority;
59-10 (9) a representative from a planning region;
59-11 (10) a representative of the financial community;
59-12 (11) a representative from a solid waste management
59-13 organization composed primarily of commercial operators;
59-14 (12) a board member; <and>
59-15 (13) two persons representing the public who would not
59-16 otherwise qualify as members under this section;
59-17 (14) a registered, fixed waste tire processor; and
59-18 (15) a registered, mobile waste tire processor.
59-19 SECTION 3.13. (a) The Texas Natural Resource Conservation
59-20 Commission may not register a waste tire processor until after the
59-21 commission makes its initial determination of the capacity of
59-22 registered waste tire processors as provided by Section 361.495,
59-23 Health and Safety Code, as added by this article.
59-24 (b) If this article takes immediate effect, notwithstanding
59-25 the date provided by Section 361.495, Health and Safety Code, as
60-1 added by this article, the Texas Natural Resource Conservation
60-2 Commission shall make the initial determination of the capacity of
60-3 registered waste tire processors not later than 30 days after the
60-4 effective date of this article.
60-5 SECTION 3.14. The changes in the waste tire recycling fee
60-6 made by Section 361.472, Health and Safety Code, as amended by this
60-7 article, take effect October 1, 1993.
60-8 ARTICLE 4. USED OIL, RECYCLING, AND WASTE REDUCTION
60-9 SECTION 4.01. Section 361.421, Health and Safety Code, is
60-10 amended to read as follows:
60-11 Sec. 361.421. Definitions. In this subchapter:
60-12 (1) "Compost" is the disinfected and stabilized
60-13 product of the decomposition process that is used or sold for use
60-14 as a soil amendment, artificial top soil, growing medium amendment,
60-15 or other similar uses.
60-16 (2) "Composting" means the controlled biological
60-17 decomposition of organic materials through microbial activity.
60-18 Depending on the specific application, composting can serve as both
60-19 a volume reduction and a waste treatment measure. A beneficial
60-20 organic composting activity is an appropriate waste management
60-21 solution that shall divert compatible materials from the solid
60-22 waste stream that cannot be recycled into higher grade uses and
60-23 convert these materials into a useful product that is put to
60-24 beneficial reuse <can serve> as a soil amendment or mulch.
60-25 (3) "Life-cycle cost benefit analysis" means a method
61-1 of determining <comparing> the total equivalent costs and benefits
61-2 of using products over their lifetimes or over any other period of
61-3 time. These costs and benefits are all associated costs and all
61-4 associated benefits of each product over the time under
61-5 consideration and include initial costs, annual operating costs,
61-6 annual savings, future costs, and residual (salvage) values. The
61-7 use of this method permits exact comparisons of these total costs
61-8 and benefits to determine the most cost-effective product <based on
61-9 initial maintenance costs which include the initial cost,
61-10 maintenance costs, and other related expenses>.
61-11 (4) "Postconsumer waste" means a material or product
61-12 that has served its intended use and has been discarded after
61-13 passing through the hands of a final user. For the purpose of this
61-14 subchapter, the term does not include industrial or hazardous
61-15 waste.
61-16 (5) "Recyclable material" means material that has been
61-17 recovered or diverted from the <non-hazardous> solid waste stream
61-18 for purposes of reuse, recycling, or reclamation, a substantial
61-19 portion of which is consistently used in the manufacture of
61-20 products which may otherwise be produced using raw or virgin
61-21 materials. Recyclable material is not solid waste unless the
61-22 material is deemed to be hazardous solid waste by the Administrator
61-23 of the United States Environmental Protection Agency, whereupon it
61-24 shall be regulated accordingly unless it is otherwise exempted in
61-25 whole or in part from regulation under the federal Solid Waste
62-1 Disposal Act, as amended by the Resource Conservation and Recovery
62-2 Act of 1976 (42 U.S.C. Section 6901 et seq.), by Environmental
62-3 Protection Agency regulation. However, recyclable material may
62-4 become solid waste at such time, if any, as it is abandoned or
62-5 disposed of rather than recycled, whereupon it will be solid waste
62-6 with respect only to the party actually abandoning or disposing of
62-7 the material.
62-8 (6) "Recycled material" means materials, goods, or
62-9 products that consist of recyclable material or materials derived
62-10 from postconsumer waste, industrial waste, or hazardous waste which
62-11 may be used in place of a raw or virgin material in manufacturing a
62-12 new product.
62-13 (7) "Recycled product" means a product which meets the
62-14 requirements for recycled material content as prescribed by the
62-15 rules established by the department described in Section 361.427.
62-16 (8) "Recycling" means a process by which materials
62-17 that have served their intended use or are scrapped, discarded,
62-18 used, surplus, or obsolete are collected, separated, or processed
62-19 and returned to use in the form of raw materials in the production
62-20 of new products. Recycling <Except for mixed municipal solid waste
62-21 composting, that is, composting of the typical mixed solid waste
62-22 stream generated by residential, commercial, and/or institutional
62-23 sources, recycling> includes:
62-24 (A) the composting process if the compost
62-25 material is put to beneficial reuse as defined by the commission;
63-1 and
63-2 (B) the application to land, as organic
63-3 fertilizer, of processed sludge or biosolids from municipal
63-4 wastewater treatment plants and other organic matter resulting from
63-5 poultry, dairy, livestock, or other agricultural operations.
63-6 (9) "Source reduction" means an activity or process
63-7 that avoids the creation of municipal solid waste in the state by
63-8 reducing waste at the source and includes:
63-9 (A) redesigning a product or packaging so that
63-10 less material is ultimately disposed of;
63-11 (B) changing a process for producing a good or
63-12 providing a service so that less material is disposed of; or
63-13 (C) changing the way a material is used so that
63-14 the amount of waste generated is reduced.
63-15 (10) "State agency" means a department, commission,
63-16 board, office, council, or other agency in the executive branch of
63-17 government that is created by the constitution or a statute of this
63-18 state and has authority not limited to a geographical portion of
63-19 the state. The term does not include a university system or
63-20 institution of higher education as defined by Section 61.003,
63-21 Education Code.
63-22 (11) <(10)> "Virgin material" means a raw material
63-23 used in manufacturing that has not yet become a product.
63-24 (12) <(11)> "Yard waste" means leaves, grass
63-25 clippings, yard and garden debris, and brush, including clean woody
64-1 vegetative material not greater than six inches in diameter, that
64-2 results from landscaping maintenance and land-clearing operations.
64-3 The term does not include stumps, roots, or shrubs with intact root
64-4 balls.
64-5 SECTION 4.02. Section 361.422, Health and Safety Code, is
64-6 amended to read as follows:
64-7 Sec. 361.422. STATE SOURCE REDUCTION AND RECYCLING GOAL.
64-8 (a) It is the state's goal to reduce <achieve> by January 1, 1994,
64-9 <the recycling of at least 40 percent of> the amount of <state's
64-10 total> municipal solid waste disposed of in this state by at least
64-11 40 percent through source reduction and recycling <stream>.
64-12 (b) In this section, "total municipal solid waste stream"
64-13 means the sum of the state's total municipal solid waste that is
64-14 disposed of as solid waste, measured in tons, and the total number
64-15 of tons of recyclable material that has been diverted or recovered
64-16 from the total municipal solid waste and recycled.
64-17 (c) The <By January 1, 1992, the> department shall establish
64-18 rules and reporting requirements through which progress toward
64-19 achieving the established source reduction and recycling goals can
64-20 be measured. The rules may take into consideration those ongoing
64-21 community source reduction and recycling programs where substantial
64-22 progress has already been achieved. The department may also
64-23 establish a limit on the amount of credit that may be given to
64-24 certain high-volume materials in measuring recycling progress.
64-25 (d) For the purpose of measuring progress toward the
65-1 municipal solid waste reduction goal, the department shall use the
65-2 weight of the total municipal solid waste stream in 1991 as a
65-3 baseline for comparison. To compute progress toward the municipal
65-4 solid waste reduction goal for a year, the department shall compare
65-5 the total number of tons disposed in the year under comparison,
65-6 either by landfilling or by other disposal methods, to the total
65-7 number of tons disposed in the base year, adjusting for changes in
65-8 population, tons of solid waste imported and exported, and other
65-9 relevant changes between the baseline year and the comparison year.
65-10 (e) Before January 1, 1994, the commission shall determine
65-11 whether the goal established in Subsection (a) is being achieved.
65-12 If the commission finds that the goal is not being achieved, it
65-13 shall convene an advisory task force consisting of representatives
65-14 of the commission, the General Land Office, local governments, the
65-15 Municipal Solid Waste Management and Resource Recovery Advisory
65-16 Council, and the commercial solid waste disposal industry and may
65-17 recommend to the legislature a phased-in ban on the disposal of
65-18 yard waste in a landfill. The task force may recommend a plan to
65-19 the legislature for implementing the ban after considering how the
65-20 ban will:
65-21 (1) affect the state's disposal capacity;
65-22 (2) affect the economy of the state;
65-23 (3) affect local governments; and
65-24 (4) be accepted and adhered to by the citizens of the
65-25 state.
66-1 SECTION 4.03. Section 361.425, Health and Safety Code, is
66-2 amended by amending Subsection (a) and adding Subsection (d) to
66-3 read as follows:
66-4 (a) A state agency, state court or judicial agency, a
66-5 university system or institution of higher education, a county,
66-6 municipality, school district, or special district shall:
66-7 (1) in cooperation with the <State Purchasing and>
66-8 General Services Commission or the department establish a program
66-9 for the separation and collection of all recyclable materials
66-10 generated by the entity's operations, including, at a minimum,
66-11 aluminum, steel containers, aseptic packaging and polycoated
66-12 paperboard cartons, high-grade office paper, and corrugated
66-13 cardboard;
66-14 (2) provide procedures for collecting and storing
66-15 recyclable materials, containers for recyclable materials, and
66-16 procedures for making contractual or other arrangements with buyers
66-17 of recyclable materials;
66-18 (3) evaluate the amount of recyclable material
66-19 recycled and modify the recycling program as necessary to ensure
66-20 that all recyclable materials are effectively and practicably
66-21 recycled; and
66-22 (4) establish educational and incentive programs to
66-23 encourage maximum employee participation.
66-24 (d) In this section, "recyclable materials" includes
66-25 materials in the entity's possession that have been abandoned or
67-1 disposed of by the entity's officers or employees or by any other
67-2 person.
67-3 SECTION 4.04. The heading to Subchapter N, Chapter 361,
67-4 Health and Safety Code, is amended to read as follows:
67-5 SUBCHAPTER N. WASTE REDUCTION <RECYCLING> PROGRAMS;
67-6 DISPOSAL FEES
67-7 SECTION 4.05. Subdivision (1), Section 371.003, Health and
67-8 Safety Code, is amended to read as follows:
67-9 (1) "Automotive oil" means any lubricating oils
67-10 intended for use in an internal combustion engine, crankcase,
67-11 transmission, gear box, or differential for an automobile, bus, or
67-12 truck. The term includes oil that is not labeled specifically for
67-13 that use but is suitable for that use according to generally
67-14 accepted industry specifications.
67-15 SECTION 4.06. Section 371.061, Health and Safety Code, is
67-16 amended by adding Subsection (e) to read as follows:
67-17 (e) The fund is exempt from the application of Sections
67-18 403.094(h) and 403.095, Government Code.
67-19 SECTION 4.07. Subchapter B, Chapter 371, Health and Safety
67-20 Code, is amended by adding Sections 371.0245 and 371.0246 to read
67-21 as follows:
67-22 Sec. 371.0245. REIMBURSEMENT OF COLLECTION CENTER. (a) The
67-23 commission, on proper application, shall reimburse the owner or
67-24 operator of an eligible registered public used oil collection
67-25 center for costs associated with the collection center's disposal
68-1 of:
68-2 (1) do-it-yourself (DIY) used oil collected by the
68-3 collection center that, unknown to the center at the time of
68-4 collection, contains hazardous wastes;
68-5 (2) used oil collected by the collection center that
68-6 has been commingled with DIY oils described in Subdivision (1) and
68-7 is unsuitable for recycling; or
68-8 (3) contaminated used oil left at the collection
68-9 center as used oil after posted business hours and without the
68-10 knowledge of the collection center.
68-11 (b) A registered public used oil collection center is
68-12 eligible for reimbursement if it demonstrates to the satisfaction
68-13 of the commission that:
68-14 (1) the center has established procedures to minimize
68-15 the risk that the used oil the center generates or collects from
68-16 the public will not be mixed with hazardous wastes, especially
68-17 halogenated wastes;
68-18 (2) the center accepts not more than five gallons of
68-19 used oil from any person at any one time; and
68-20 (3) the center can document to the satisfaction of the
68-21 commission the volume of used oil the center collects from the
68-22 public during a period by:
68-23 (A) providing a process by which all individuals
68-24 leaving do-it-yourself (DIY) used oil at the center are required to
68-25 log their names, addresses, and the approximate amounts of used oil
69-1 brought to the collection center and ensuring that all
69-2 do-it-yourself (DIY) used oil collected is kept in a separate
69-3 sealed and labeled container placed on an impermeable surface; or
69-4 (B) another method approved by the commission.
69-5 (c) For the purpose of Subsection (b)(2), the owner or
69-6 operator of a registered public used oil collection center may
69-7 presume that a quantity of not more than five gallons of used oil
69-8 collected from a member of the public is not mixed with a hazardous
69-9 substance, if the owner or operator acts in good faith and in the
69-10 belief the oil is generated from the individual's personal
69-11 activity.
69-12 (d) In any state fiscal year, a registered public used oil
69-13 collection center may not be reimbursed for more than $5,000 in
69-14 total eligible disposal costs, subject to Section 371.0246(d).
69-15 (e) A reimbursement made under this section may be paid out
69-16 of the used oil recycling fund not to exceed an aggregate amount of
69-17 $500,000 each fiscal year.
69-18 Sec. 371.0246. PROCEDURES FOR REIMBURSEMENT. (a) An owner
69-19 or operator of a registered public used oil collection center may
69-20 apply for reimbursement from the commission.
69-21 (b) An application for reimbursement shall be filed on a
69-22 form approved or provided by the commission.
69-23 (c) An application must contain:
69-24 (1) the name, address, and telephone number of the
69-25 applicant;
70-1 (2) the name, mailing address, location address, and
70-2 commission registration number of the registered public used oil
70-3 collection center from which the contaminated oil was removed;
70-4 (3) the name, address, telephone number, and
70-5 commission registration number of the hazardous waste transporter
70-6 used to dispose of the contaminated used oil;
70-7 (4) a copy of the signed uniform hazardous waste
70-8 manifest;
70-9 (5) a copy of each invoice for which reimbursement is
70-10 requested and evidence that the amount shown on the invoice has
70-11 been paid in full, which may be in the form of:
70-12 (A) canceled checks;
70-13 (B) business receipts from the person who
70-14 performed the work; or
70-15 (C) other documentation approved by the
70-16 commission;
70-17 (6) a waste-characterization or similar documentation
70-18 required before acceptance of a hazardous waste by the disposal
70-19 facility that accepted the contaminated used oil for disposal; and
70-20 (7) any other information that the executive director
70-21 may reasonably require.
70-22 (d) All claims for reimbursement filed under this section
70-23 and Section 371.0245 are subject to the availability of money in
70-24 the used oil recycling fund and to Section 371.0245(e). This
70-25 subchapter does not create an entitlement to money in the used oil
71-1 recycling fund or any other fund.
71-2 SECTION 4.08. Subchapter D, Chapter 371, Health and Safety
71-3 Code, is amended by adding Section 371.063 to read as follows:
71-4 Sec. 371.063. ANNUAL REPORTING REQUIREMENT. The commission
71-5 shall monitor the balance of the used oil recycling fund and shall
71-6 provide a detailed report of all income, expenditures, and programs
71-7 funded to the Texas Legislature on an annual basis.
71-8 SECTION 4.09. Section 371.062, Health and Safety Code, is
71-9 amended to read as follows:
71-10 Sec. 371.062. Fee on Sale of Automotive Oil. (a) In this
71-11 section:
71-12 (1) "First sale" means the first actual sale of
71-13 automotive oil delivered to a location in this state and sold to a
71-14 purchaser who is not an automotive oil manufacturer. The term does
71-15 not include the sale of automotive oil exported from this state to
71-16 a location outside this state for the purpose of sale or use
71-17 outside this state. This term does not include sales of automotive
71-18 oils for resale to or use by vessels exclusively engaged in foreign
71-19 or interstate commerce.
71-20 (2) "Importer" means any person who imports or causes
71-21 to be imported automotive oil into this state for sale, use, or
71-22 consumption.
71-23 (3) "Oil manufacturer" means any person or entity that
71-24 formulates automotive oil and packages, distributes, or sells that
71-25 automotive oil. The term includes any person packaging or
72-1 repackaging automotive oil.
72-2 (b) An oil manufacturer <or importer> who makes a first sale
72-3 of automotive oil is liable for a fee.
72-4 (c) An oil importer who imports or causes to be imported
72-5 automotive oil is liable for the fee at the time the oil is
72-6 received.
72-7 (d) An oil distributor or retailer who exports from this
72-8 state to a location outside this state oil on which the automotive
72-9 oil fee has been paid may request from his supplier a refund or
72-10 credit of the fee paid on the exported oil. The supplier or oil
72-11 manufacturer and the importer may in turn request a refund of the
72-12 fee paid to the comptroller. The amount of refund that may be
72-13 claimed under this section may equal but not exceed the amount of
72-14 the fee paid on the automotive oil.
72-15 (e) An oil manufacturer, importer, distributor, or retailer
72-16 who makes a sale to a vessel or a sale for resale to a vessel of
72-17 automotive oil on which the automotive oil fee has been paid may
72-18 file with the comptroller a request for refund of the fee paid on
72-19 the oil or, where applicable, may request a refund or credit from
72-20 the supplier to whom the fee was paid. The supplier may in turn
72-21 request a refund from the comptroller. The amount of refund that
72-22 may be claimed under this section may equal but not exceed the
72-23 amount of the fee paid on the automotive oil.
72-24 (f) Each oil manufacturer or importer required to pay a fee
72-25 under this section shall:
73-1 (1) prepare and maintain, on a form provided or
73-2 approved by the comptroller, a report of each first sale or, in the
73-3 case of an importer, the first receipt in Texas of automotive oil
73-4 by the person and the price received;
73-5 (2) retain the invoice or a copy of the invoice or
73-6 other appropriate record of the sale or receipt for four years from
73-7 the date of sale or receipt; and
73-8 (3) on or before the 25th day of the month following
73-9 the end of each calendar quarter, file a report with the
73-10 comptroller and remit to the comptroller the amount of fees
73-11 required to be paid for the preceding quarter.
73-12 (g) <(d)> Records required to be maintained under Subsection
73-13 (f) <(c)> shall be available for inspection by the comptroller at
73-14 all reasonable times.
73-15 (h) <(e)> The comptroller shall adopt rules necessary for
73-16 the administration, collection, reporting, and payment of the fees
73-17 payable or collected under this section.
73-18 (i) <(f)> Except as provided by this section, Chapters 101
73-19 and 111 through 113, Tax Code, apply to the administration,
73-20 payment, collection, and enforcement of fees under this section in
73-21 the same manner that those chapters apply to the administration,
73-22 payment, collection, and enforcement of taxes under Title 2, Tax
73-23 Code.
73-24 (j) <(g)> The fee imposed under this section is two cents
73-25 per quart or eight cents per gallon of automotive oil. The
74-1 department shall monitor the unobligated balance of the used oil
74-2 recycling fund and shall adjust the fee rate to meet expenditure
74-3 requirements of the used oil recycling program and to maintain an
74-4 appropriate fund balance. The fee imposed under this section may
74-5 not exceed five cents per quart or 20 cents per gallon of
74-6 automotive oil. On or before September 1 of each year, the
74-7 department and the comptroller jointly shall issue notice of the
74-8 effective fee rate for the next fiscal year.
74-9 (k) <(h)> A person required to pay a fee under this section
74-10 may retain one percent of the amount of the fees due from each
74-11 quarterly payment as reimbursement for administrative costs.
74-12 (l) <(i)> The comptroller may deduct a percentage of the
74-13 fees collected under this section in an amount sufficient to pay
74-14 the reasonable and necessary costs of administering and enforcing
74-15 this section. The comptroller shall credit the amount deducted to
74-16 the general revenue fund. The balance of fees and all penalties
74-17 and interest collected under this section shall be deposited to the
74-18 credit of the used oil recycling fund.
74-19 SECTION 4.10. The change in law made by Sections 371.0245
74-20 and 371.0246, Health and Safety Code, as added by this article,
74-21 applies only to costs incurred by an eligible registered public
74-22 used oil collection center on or after September 1, 1993.
74-23 SECTION 4.11. Not later than December 1, 1993, the Texas
74-24 Water Commission or its successor shall adopt any rules necessary
74-25 to administer the reimbursement program established by Sections
75-1 371.0245 and 371.0246, Health and Safety Code, as added by this
75-2 article.
75-3 SECTION 4.12. (a) Except as provided by Subsection (b),
75-4 this article takes effect October 1, 1993.
75-5 (b) Sections 4.07 and 4.08 take effect September 1, 1993.
75-6 ARTICLE 5. MISCELLANEOUS
75-7 SECTION 5.01. This Act does not affect the transfer of
75-8 powers, duties, rights, and obligations made by Chapter 3, Acts of
75-9 the 72nd Legislature, 1st Called Session, 1991.
75-10 SECTION 5.02. Except as otherwise provided by this Act, this
75-11 Act takes effect immediately.
75-12 SECTION 5.03. The importance of this legislation and the
75-13 crowded condition of the calendars in both houses create an
75-14 emergency and an imperative public necessity that the
75-15 constitutional rule requiring bills to be read on three several
75-16 days in each house be suspended, and this rule is hereby suspended,
75-17 and that this Act take effect and be in force from and after its
75-18 passage, and it is so enacted.