73R10715 MI-F
By Parker S.B. No. 1051
Substitute the following for S.B. No. 1051:
By Kuempel C.S.S.B. No. 1051
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the reduction of solid waste by creating markets for
1-3 recycled materials and otherwise promoting recycling and the use of
1-4 recycled materials and by municipal solid waste management.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 ARTICLE 1. RECYCLING
1-7 SECTION 1.01. Chapter 481, Government Code, is amended by
1-8 adding Subchapter AA to read as follows:
1-9 SUBCHAPTER AA. RECYCLING MARKET DEVELOPMENT
1-10 Sec. 481.371. PURPOSE. The purpose of this subchapter is to
1-11 develop and diversify the economy of this state and develop and
1-12 expand commerce in this state through sustaining and promoting
1-13 recycling enterprises.
1-14 Sec. 481.372. DEFINITIONS. In this subchapter, "enterprise
1-15 zone" and "governing body" have the meanings assigned by the Texas
1-16 Enterprise Zone Act (Article 5190.7, Vernon's Texas Civil
1-17 Statutes).
1-18 Sec. 481.373. DESIGNATION AS RECYCLING MARKET DEVELOPMENT
1-19 ZONE. On application by the governing body of an enterprise zone,
1-20 the department may designate the enterprise zone as a recycling
1-21 market development zone for the development of local business and
1-22 industry in the zone to recycle materials that have served their
1-23 intended use or that are scrapped, discarded, used, surplus, or
1-24 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.
2-26 SECTION 1.02. Article 3, State Purchasing and General
2-27 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
3-1 amended by adding Section 3.33 to read as follows:
3-2 Sec. 3.33. STATE AGENCY EXPENDITURES FOR RECYCLED MATERIALS.
3-3 A state agency shall expend a minimum of five percent of its
3-4 consumable procurement budget in fiscal year 1994 and eight percent
3-5 of its consumable procurement budget for each fiscal year
3-6 thereafter for materials, supplies, and equipment that have
3-7 recycled material content or are remanufactured or environmentally
3-8 sensitive, as those terms are defined by the commission. A report
3-9 of the total expenditures in these areas and the amount expended in
3-10 each category for the previous fiscal year shall be delivered to
3-11 the governor, the Legislative Budget Board, the lieutenant
3-12 governor, and the speaker of the house of representatives not later
3-13 than January 1 of each year.
3-14 SECTION 1.03. Article 11, State Purchasing and General
3-15 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
3-16 amended by adding Section 11.07 to read as follows:
3-17 Sec. 11.07. INTERSTATE COMPACTS AND COOPERATIVE AGREEMENTS
3-18 FOR PROCUREMENT OF RECYCLED PRODUCTS. The commission shall enter
3-19 into compacts and cooperative agreements with other states and
3-20 government entities for the procurement of products made of
3-21 recycled materials.
3-22 SECTION 1.04. Section 382.002, Local Government Code, is
3-23 amended to read as follows:
3-24 Sec. 382.002. Purpose. The primary purpose of this chapter
3-25 is to create county research and development authorities to promote
3-26 scientific research and development and commercialization of
3-27 research in affiliation with public and private institutions of
4-1 research, higher education, or health science centers. Research to
4-2 be promoted, developed, and commercialized includes research in
4-3 recycling processes and recyclable materials.
4-4 SECTION 1.05. Section 481.078(a), Government Code, is
4-5 amended to read as follows:
4-6 (a) The department may develop and plan programs for the
4-7 purpose of promoting and encouraging the location and expansion of
4-8 major industrial, <and> manufacturing, and recycling enterprises
4-9 within this state and may coordinate, with the consent of local
4-10 governments, the activities of the local governments related to the
4-11 programs, including financing options available under existing law
4-12 and this section for that purpose.
4-13 SECTION 1.06. Section 2(10), Development Corporation Act of
4-14 1979 (Article 5190.6, Vernon's Texas Civil Statutes), is amended to
4-15 read as follows:
4-16 (10) "Project" shall mean the land, buildings,
4-17 equipment, facilities, and improvements (one or more) found by the
4-18 board of directors to be required or suitable for the promotion of
4-19 development and expansion of manufacturing and industrial
4-20 facilities, transportation facilities (including but not limited to
4-21 airports, ports, mass commuting facilities, and parking
4-22 facilities), sewage or solid waste disposal facilities, recycling
4-23 facilities, air or water pollution control facilities, facilities
4-24 for the furnishing of water to the general public, distribution
4-25 centers, small warehouse facilities capable of serving as
4-26 decentralized storage and distribution centers, and facilities
4-27 which are related to any of the foregoing, and in furtherance of
5-1 the public purposes of this Act, all as defined in the rules of the
5-2 department, irrespective of whether in existence or required to be
5-3 identified, acquired, or constructed thereafter. As used in this
5-4 Act, the term "development areas" shall mean any area or areas of a
5-5 city that the city finds and determines, after a public hearing,
5-6 should be developed in order to meet the development objectives of
5-7 the city. In addition, in blighted or economically depressed
5-8 areas, development areas or federally assisted new communities
5-9 located within a home-rule city or a federally designated
5-10 economically depressed county of less than 50,000 persons according
5-11 to the last federal decennial census, a project may include the
5-12 land, buildings, equipment, facilities, and improvements (one or
5-13 more) found by the board of directors to be required or suitable
5-14 for the promotion of commercial development and expansion and in
5-15 furtherance of the public purposes of this Act, or for use by
5-16 commercial enterprises, all as defined in the rules of the
5-17 department, irrespective of whether in existence or required to be
5-18 acquired or constructed thereafter. As used in this Act, the term
5-19 blighted or economically depressed areas shall mean those areas and
5-20 areas immediately adjacent thereto within a city which by reason of
5-21 the presence of a substantial number of substandard, slum,
5-22 deteriorated, or deteriorating structures, or which suffer from a
5-23 high relative rate of unemployment, or which have been designated
5-24 and included in a tax incremental district created under Chapter
5-25 695, Acts of the 66th Legislature, Regular Session, 1979 (Article
5-26 1066d, Vernon's Texas Civil Statutes), or any combination of the
5-27 foregoing, the city finds and determines, after a hearing,
6-1 substantially impair or arrest the sound growth of the city, or
6-2 constitute an economic or social liability and are a menace to the
6-3 public health, safety, or welfare in their present condition and
6-4 use. The department shall adopt guidelines that describe the kinds
6-5 of areas that may be considered to be blighted or economically
6-6 depressed. The city shall consider these guidelines in making its
6-7 findings and determinations. Notice of the hearing at which the
6-8 city considers establishment of a development area or an
6-9 economically depressed or blighted area shall be posted at the city
6-10 hall before the hearing.
6-11 "Federally assisted new communities" shall mean those
6-12 federally assisted areas which have received or will receive
6-13 assistance in the form of loan guarantees under Title X of the
6-14 National Housing Act and a portion of the federally assisted area
6-15 has received grants under Section 107(a)(1) of the Housing and
6-16 Community Development Act of 1974, as amended.
6-17 SECTION 1.07. Section 4B(a)(2), Development Corporation Act
6-18 of 1979 (Article 5190.6, Vernon's Texas Civil Statutes), is amended
6-19 to read as follows:
6-20 (2) "Project" means land, buildings, equipment,
6-21 facilities, and improvements included in the definition of that
6-22 term under Section 2 of this Act, including recycling facilities,
6-23 and land, buildings, equipment, facilities, and improvements found
6-24 by the board of directors to be required or suitable for use for
6-25 professional and amateur (including children's) sports, athletic,
6-26 entertainment, tourist, convention, and public park purposes and
6-27 events, including stadiums, ball parks, auditoriums, amphitheaters,
7-1 concert halls, learning centers, parks and park facilities, open
7-2 space improvements, municipal buildings, museums, exhibition
7-3 facilities, and related store, restaurant, concession, and
7-4 automobile parking facilities, related area transportation
7-5 facilities, and related roads, streets, and water and sewer
7-6 facilities, and other related improvements that enhance any of
7-7 those items.
7-8 SECTION 1.08. Section 361.013, Health and Safety Code, is
7-9 amended by amending Subsection (a) and adding Subsection (f) to
7-10 read as follows:
7-11 (a) Except as provided by Subsection (e), the department
7-12 shall charge a fee on solid waste that is disposed of within this
7-13 state. The fee is $1.25 <the greater of 50 cents> per ton received
7-14 for disposal at a landfill if the solid waste is measured by
7-15 weight. If the solid waste is measured by volume, the fee <or,>
7-16 for compacted solid waste is 40<, 50> cents per cubic yard or, for
7-17 uncompacted solid waste, 25 <10> cents per cubic yard received for
7-18 disposal at a landfill. The department shall set the fee for
7-19 sludge or similar waste applied to the land for beneficial use on a
7-20 dry weight basis and for solid waste received at an incinerator or
7-21 a shredding and composting facility at half the fee set for solid
7-22 waste received for disposal at a landfill. The department may
7-23 charge comparable fees for other means of solid waste disposal that
7-24 are used.
7-25 (f) The department may not charge a fee under Subsection (a)
7-26 for source separated yard waste materials that are composted at a
7-27 composting facility, including a composting facility located at a
8-1 permitted landfill site. The department shall credit any fee
8-2 payment due under Subsection (a) for any material received and
8-3 converted to compost or product for composting through a composting
8-4 process. Any compost or product for composting that is not used as
8-5 compost and is deposited in a landfill is not exempt from the fee.
8-6 SECTION 1.09. Subchapter B, Chapter 361, Health and Safety
8-7 Code, is amended by adding Section 361.0135 to read as follows:
8-8 Sec. 361.0135. COMPOSTING REFUND. (a) The operator of a
8-9 public or privately owned municipal solid waste facility is
8-10 entitled to a refund of 15 percent of the solid waste fees
8-11 collected by the facility under Section 361.013(a) if:
8-12 (1) the refunds are used to lease or purchase and
8-13 operate equipment necessary to compost yard waste;
8-14 (2) composting operations are actually performed; and
8-15 (3) the finished compost material produced by the
8-16 facility is returned to beneficial reuse.
8-17 (b) The amount of the refund authorized by this section
8-18 increases to 20 percent of the solid waste fees collected by the
8-19 facility if, in addition to composting the yard waste, the operator
8-20 of the facility voluntarily bans the disposal of yard waste at the
8-21 facility.
8-22 (c) In order to receive a refund authorized by this section,
8-23 the operator of the facility must submit a composting plan to the
8-24 commission. The commission by rule may set a fee for reviewing a
8-25 composting plan in an amount not to exceed the costs of review.
8-26 (d) The operator is entitled to a refund of fees collected
8-27 by the facility under Section 361.013(a) on or after the date on
9-1 which the commission approves the composting plan. The refund is
9-2 collectable beginning on the date that the first composting
9-3 operations occur in accordance with the approved plan. The
9-4 commission may allow the refund to be applied as a credit against
9-5 fees required to be collected by the facility under Section
9-6 361.013(a).
9-7 (e) In this section, the terms "compost," "composting," and
9-8 "yard waste" have the meanings assigned by Section 361.421.
9-9 (f) This section expires September 1, 1999, if the
9-10 commission on or before that date determines that a market in
9-11 composting materials has developed sufficiently to ensure that
9-12 composting activities will continue without the incentives provided
9-13 by this section.
9-14 SECTION 1.10. Section 361.014, Health and Safety Code, is
9-15 amended to read as follows:
9-16 Sec. 361.014. Use of Solid Waste Fee Revenue. Revenue
9-17 received by the commission <department> under Section 361.013 shall
9-18 be deposited in the state treasury to the credit of the commission
9-19 <department>. At least half the revenue is dedicated to the
9-20 commission's <department's> municipal solid waste permitting and
9-21 enforcement programs and related support activities, and the
9-22 balance of the revenue is dedicated to pay for activities that will
9-23 enhance the state's solid waste management program, including:
9-24 (1) provision of funds for the municipal solid waste
9-25 management planning fund and the municipal solid waste resource
9-26 recovery applied research and technical assistance fund established
9-27 by the Comprehensive Municipal Solid Waste Management, Resource
10-1 Recovery, and Conservation Act (Chapter 363);
10-2 (2) conduct of demonstration projects and studies to
10-3 help local governments of various populations and the private
10-4 sector to convert to accounting systems and set rates that reflect
10-5 the full costs of providing waste management services and are
10-6 proportionate to the amount of waste generated;
10-7 (3) provision of technical assistance to local
10-8 governments concerning solid waste management;
10-9 (4) <(3)> establishment of a solid waste resource
10-10 center in the department and an office of waste minimization and
10-11 recycling;
10-12 (5) <(4)> provision of supplemental funding to local
10-13 governments for the enforcement of this chapter, the Texas Litter
10-14 Abatement Act (Chapter 365), and Chapter 741, Acts of the 67th
10-15 Legislature, Regular Session, 1981 (Article 4477-9a, Vernon's Texas
10-16 Civil Statutes);
10-17 (6) <(5)> conduct of a statewide public awareness
10-18 program concerning solid waste management;
10-19 (7) <(6)> provision of supplemental funds for other
10-20 state agencies with responsibilities concerning solid waste
10-21 management, recycling, and other initiatives with the purpose of
10-22 diverting recyclable waste from landfills;
10-23 (8) <(7)> conduct of research to promote the
10-24 development and stimulation of markets for recycled waste products;
10-25 (9) <(8)> creation of a state municipal solid waste
10-26 superfund for:
10-27 (A) the cleanup of unauthorized tire dumps and
11-1 solid waste dumps for which a responsible party cannot be located
11-2 or is not immediately financially able to provide the cleanup; and
11-3 (B) the cleanup or proper closure of abandoned
11-4 or contaminated municipal solid waste sites for which a responsible
11-5 party is not immediately financially able to provide the cleanup;
11-6 <and>
11-7 (10) provision of funds to mitigate the economic and
11-8 environmental impacts of lead-acid battery recycling on local
11-9 governments;
11-10 (11) provision of funds for the conduct of research by
11-11 a public or private entity to assist the state in developing new
11-12 technologies and methods to reduce the amount of municipal waste
11-13 disposed of in landfills; and
11-14 (12) <(9)> provision of funds for other programs that
11-15 the commission <board of health> may consider appropriate to
11-16 further the purposes of this chapter.
11-17 SECTION 1.11. Section 361.422, Health and Safety Code, is
11-18 amended by adding Subsection (d) to read as follows:
11-19 (d) Before January 1, 1994, the commission shall determine
11-20 whether the goal established in Subsection (a) is being achieved.
11-21 If the commission finds that the goal is not being achieved, it
11-22 shall convene an advisory task force consisting of representatives
11-23 of the commission, the General Land Office, local governments, the
11-24 Municipal Solid Waste Management and Resource Recovery Advisory
11-25 Council, and the commercial solid waste disposal industry and may
11-26 recommend to the legislature a phased-in ban on the disposal of
11-27 yard waste in a landfill. The task force may recommend a plan to
12-1 the legislature for implementing the ban after considering how the
12-2 ban will:
12-3 (1) affect the state's disposal capacity;
12-4 (2) affect the economy of the state;
12-5 (3) affect local governments; and
12-6 (4) be accepted and adhered to by the citizens of the
12-7 state.
12-8 SECTION 1.12. Section 361.423, Health and Safety Code, is
12-9 amended to read as follows:
12-10 Sec. 361.423. RECYCLING MARKET DEVELOPMENT BOARD <STUDY> AND
12-11 IMPLEMENTATION PROGRAM. (a) The commissioner of the General Land
12-12 Office<, in cooperation with the department>, the chairman of the
12-13 Texas Water Commission, the executive director of the General
12-14 Services <Railroad> Commission <of Texas>, and the executive
12-15 director of the Texas Department of Commerce<,> shall constitute
12-16 the Recycling Market Development Board. The commissioner of the
12-17 General Land Office serves as presiding officer of the Recycling
12-18 Market Development Board for the first year, and after that year
12-19 the members of the Recycling Market Development Board shall, in the
12-20 order listed in this subsection, rotate as the presiding officer
12-21 for terms of one year. The Recycling Market Development Board may
12-22 designate chief executives of additional agencies as members of the
12-23 board if it identifies the agencies as agencies needed to assist
12-24 the board in performing its duties as outlined in Subsection (b).
12-25 The Recycling Market Development Board shall provide support to and
12-26 coordinate the recycling activities of member agencies and shall
12-27 pursue <initiate, coordinate, and conduct a comprehensive market
13-1 development study that quantifies the potential benefits and costs
13-2 of recycling in order to provide the groundwork for> an economic
13-3 development strategy that focuses on the state's waste management
13-4 priorities established by Section 361.022 and that includes
13-5 development of recycling industries and markets as an integrated
13-6 component.
13-7 (b) The Recycling Market Development Board, on an ongoing
13-8 basis, <study> shall:
13-9 (1) identify existing economic and regulatory
13-10 incentives and disincentives for creating an optimal market
13-11 development strategy;
13-12 (2) analyze the market development implications of:
13-13 (A) the state's waste management policies and
13-14 regulations;
13-15 (B) existing and potential markets for plastic,
13-16 glass, paper, lead-acid batteries, tires, compost, scrap gypsum,
13-17 coal combustion byproducts, and other recyclable materials; and
13-18 (C) the state's tax structure and overall
13-19 economic base;
13-20 (3) examine and make policy recommendations regarding
13-21 the need for changes in or the development of:
13-22 (A) economic policies that affect
13-23 transportation, such as those embodied in freight rate schedules;
13-24 (B) tax incentives and disincentives;
13-25 (C) the availability of financial capital
13-26 including grants, loans, and venture capital;
13-27 (D) enterprise zones;
14-1 (E) managerial and technical assistance;
14-2 (F) job-training programs;
14-3 (G) strategies for matching market supply and
14-4 market demand for recyclable materials, including intrastate and
14-5 interstate coordination;
14-6 (H) the state recycling goal;
14-7 (I) public-private partnerships;
14-8 (J) research and development;
14-9 (K) government procurement policies;
14-10 (L) educational programs for the public,
14-11 corporate and regulated communities, and government entities; and
14-12 (M) public health and safety regulatory
14-13 policies; <and>
14-14 (4) establish a comprehensive statewide strategy to
14-15 expand markets for recycled products in Texas;
14-16 (5) provide information and technical assistance to
14-17 small and disadvantaged businesses, business development centers,
14-18 chambers of commerce, educational institutions, and nonprofit
14-19 associations on market opportunities in the area of recycling; and
14-20 (6) with the cooperation of the Office of
14-21 State-Federal Relations, assist communities and private entities in
14-22 identifying state and federal grants pertaining to recycling and
14-23 solid waste management.
14-24 (c) In carrying out this section <preparing the study>, the
14-25 responsible agencies may obtain research and development and
14-26 technical assistance from the Hazardous Waste Research Center at
14-27 Lamar University at Beaumont or other similar institutions.
15-1 (d) The General Land Office shall provide ongoing research
15-2 and assistance to the Recycling Market Development Board in
15-3 carrying out its responsibilities <develop and carry out a program
15-4 designed to implement the comprehensive statewide strategy
15-5 established pursuant to Subsection (b)(4)>.
15-6 SECTION 1.13. Section 361.428, Health and Safety Code, is
15-7 amended to read as follows:
15-8 Sec. 361.428. Composting Program. (a) <The Municipal Solid
15-9 Waste Management and Resource Recovery Advisory Council of the
15-10 department shall develop recommendations for the 73rd Legislature
15-11 regarding the development of a state composting program. In
15-12 developing these recommendations, the council shall, at a minimum,
15-13 consider:>
15-14 <(1) the development of local yard waste separation
15-15 programs;>
15-16 <(2) the commercial application of composting
15-17 activities;>
15-18 <(3) the potential beneficial uses of compost; and>
15-19 <(4) the necessary changes to existing law and
15-20 regulations required to facilitate conversion of yard waste to
15-21 compost.>
15-22 <(b)> The commission <department> shall put in place
15-23 incentives for a composting program that is capable of achieving at
15-24 least a 15 percent reduction in the amount of the municipal solid
15-25 waste stream that is disposed of in landfills by January 1, 1994.
15-26 (b) The commission shall adopt rules establishing minimum
15-27 standards and guidelines for the issuance of permits for processes
16-1 or facilities that produce compost that is the product of material
16-2 from the typical mixed solid waste stream generated by residential,
16-3 institutional, commercial, or industrial sources. A reduction in
16-4 the mixed solid waste stream that occurs as a result of the
16-5 beneficial reuse of compost produced by a facility permitted under
16-6 this subsection shall be used in achieving the goal established
16-7 under Section 361.422. The minimum standards must include
16-8 end-product standards and a definition of beneficial reuse. The
16-9 commission shall consider regulations issued by the United States
16-10 Environmental Protection Agency in developing minimum standards.
16-11 Beneficial reuse does not include landfilling or the use of compost
16-12 as daily landfill cover.
16-13 (c) A composting facility may not accept mixed municipal
16-14 solid waste from a governmental unit for composting purposes at
16-15 that facility unless household hazardous waste collection and
16-16 source-separated recycling programs are available in the area for
16-17 use by the residents. The commission shall establish standards for
16-18 household hazardous waste collection programs and source-separated
16-19 recycling programs that qualify under this section.
16-20 SECTION 1.14. Section 361.452, Health and Safety Code, is
16-21 amended to read as follows:
16-22 Sec. 361.452. Collection for Recycling. A person selling
16-23 lead-acid batteries at retail or offering lead-acid batteries for
16-24 retail sale in this state shall:
16-25 (1) accept <from customers>, if offered, at least one
16-26 but not more than three <the point of transfer, used> lead-acid
16-27 batteries for recycling <of the type and in a quantity at least
17-1 equal to the number of new batteries purchased>; and
17-2 (2) post written notice, which must be at least 8-1/2
17-3 inches by 11 inches in size, containing the universal recycling
17-4 symbol and the following language:
17-5 (A) "It is illegal to discard or improperly
17-6 dispose of a motor-vehicle battery or other lead-acid battery.";
17-7 (B) "Recycle your used batteries."; and
17-8 (C) "State law requires us to accept used
17-9 motor-vehicle batteries or other lead-acid batteries for recycling
17-10 <in exchange for new batteries purchased>."
17-11 SECTION 1.15. Section 361.454, Health and Safety Code, is
17-12 amended to read as follows:
17-13 Sec. 361.454. LEAD-ACID BATTERY WHOLESALERS. Any person
17-14 selling new lead-acid batteries at wholesale shall accept from
17-15 customers, at the point of transfer, used lead-acid batteries for
17-16 recycling <of the type and in a quantity at least equal to the
17-17 number of new batteries purchased>, if offered by customers. A
17-18 person accepting batteries in transfer from a battery retailer
17-19 shall remove batteries from the retail point of collection within
17-20 90 days after acceptance.
17-21 SECTION 1.16. Section 63.071, Agriculture Code, is amended
17-22 by adding Subsection (h) to read as follows:
17-23 (h) A person is not required to pay an inspection fee on
17-24 compost as defined by Section 361.421, Health and Safety Code.
17-25 SECTION 1.17. Section 481.295, Government Code, is amended
17-26 by adding Subsection (c) to read as follows:
17-27 (c) The department and the advisory board may make a loan or
18-1 a loan guarantee to the governing body of an enterprise zone
18-2 designated as a recycling market development zone under Subchapter
18-3 AA to fund an activity that sustains or increases recycling
18-4 efforts.
18-5 SECTION 1.18. The Texas Natural Resource Conservation
18-6 Commission shall adopt the rules required by Section 361.428(b),
18-7 Health and Safety Code, as added by this article, not later than
18-8 six months after the effective date of this Act.
18-9 ARTICLE 2. MUNICIPAL SOLID WASTE MANAGEMENT
18-10 SECTION 2.01. The legislature finds that:
18-11 (1) the reduction of municipal solid waste by
18-12 encouraging affordable alternatives to disposal is an important
18-13 strategy in state-local waste management policy;
18-14 (2) improving all the municipal solid waste management
18-15 techniques is necessary to achieve the goal of reducing the
18-16 municipal solid waste stream;
18-17 (3) waste reduction efforts should focus on waste
18-18 stream components that are highest in volume;
18-19 (4) a municipal solid waste infrastructure that
18-20 encourages the reduction of waste through environmentally and
18-21 economically sound waste management incentives and the use of
18-22 source reduction, reuse, recycling, composting, and resource
18-23 recovery processes should be developed;
18-24 (5) flexible and effective means of implementing and
18-25 enforcing municipal solid waste laws should be provided;
18-26 (6) incentives for businesses to use recycled
18-27 materials should be created; and
19-1 (7) the actual cost of municipal solid waste disposal
19-2 should be imposed by municipalities on those that place municipal
19-3 solid waste in the solid waste stream in order to pay for
19-4 infrastructure development and to encourage waste reduction from
19-5 landfills.
19-6 SECTION 2.02. Sections 361.020(a), (b), (d), (e), and (f),
19-7 Health and Safety Code, are amended to read as follows:
19-8 (a) The commission <department> shall develop a strategic
19-9 state solid waste plan for all solid waste under its jurisdiction.
19-10 The commission shall develop a strategic <state solid waste> plan
19-11 for the reduction of solid waste <under its jurisdiction. The
19-12 state agencies shall coordinate the solid waste plans developed>.
19-13 (b) A strategic plan shall<, for the kinds of waste under
19-14 the jurisdiction of the agency preparing the plan,> identify both
19-15 short-term and long-term waste management problems, set short-term
19-16 objectives as steps toward meeting long-term goals, and recommend
19-17 specific actions to be taken within stated <state> times designed
19-18 to address the identified problems and to achieve the stated
19-19 objectives and goals. A plan shall reflect the state's preferred
19-20 waste management methods as stated in Section 361.022 or 361.023
19-21 <for the kinds of waste under the jurisdiction of the agency
19-22 preparing the plan>. A strategic plan shall describe the total
19-23 estimated generation of solid waste in the state over a five-year
19-24 and a 10-year period and shall list existing and proposed solid
19-25 waste management facilities to manage that waste.
19-26 (d) The commission in developing a comprehensive statewide
19-27 <Each agency in preparing its> strategic plan shall:
20-1 (1) consult with:
20-2 (A) <(1)> the agency's waste minimization,
20-3 recycling, or reduction division;
20-4 (B) the municipal solid waste management and
20-5 resource recovery advisory council;
20-6 (C) <(2)> the waste reduction advisory
20-7 committee; <and>
20-8 (D) <(3)> the interagency coordinating council;
20-9 and
20-10 (E) local governments, appropriate regional and
20-11 state agencies, businesses, citizen groups, and private waste
20-12 management firms;
20-13 (2) hold public hearings in different regions of the
20-14 state; and
20-15 (3) publish the proposed plan in the Texas Register.
20-16 (e) A strategic plan shall be updated every two years. The
20-17 commission <Each agency> continually shall collect and analyze data
20-18 for use in its next updated plan and systematically shall monitor
20-19 progress toward achieving existing plan objectives and goals. In
20-20 preparing its updated plan, an agency shall examine previously and
20-21 newly identified waste management problems, reevaluate its plan
20-22 objectives and goals, and review and update its planning documents.
20-23 (f) Before the <department or the> commission adopts its
20-24 strategic plan or makes significant amendments to the plan, the
20-25 Texas Air Control Board must have the opportunity to comment and
20-26 make recommendations on the proposed plan or amendments and shall
20-27 be given such reasonable time to do so as specified by the agency.
21-1 SECTION 2.03. Subchapter B, Chapter 361, Health and Safety
21-2 Code, is amended by adding Section 361.0201 to read as follows:
21-3 Sec. 361.0201. COMPREHENSIVE MUNICIPAL SOLID WASTE
21-4 MANAGEMENT STRATEGIC PLAN. (a) The comprehensive municipal solid
21-5 waste management strategic plan developed under Section 361.020
21-6 shall identify the components of the municipal solid waste stream
21-7 that are highest in volume and shall set priorities according to
21-8 those findings.
21-9 (b) The plan shall:
21-10 (1) describe the capacity in the state to manage
21-11 municipal waste through existing treatment or disposal facilities
21-12 and identify all existing municipal solid waste management
21-13 facilities in the state, their capacity, and their projected
21-14 remaining useful life; and
21-15 (2) analyze the state's capacity requirements over the
21-16 planning periods specified in Section 361.020(c).
21-17 (c) The analysis of capacity requirements under Subsection
21-18 (b) shall:
21-19 (1) examine the type and amount of each municipal
21-20 solid waste stream that can reasonably be expected to be generated
21-21 in the state or accepted from other states, using information on
21-22 existing and past levels of waste and representative receipts from
21-23 other states, and shall include information on the sources,
21-24 characteristics, and current patterns of waste management of those
21-25 waste streams; and
21-26 (2) estimate the amount of the total municipal solid
21-27 waste identified under this subsection that is reasonably expected
22-1 to be:
22-2 (A) recycled annually, according to previous
22-3 rates and projected increases from those rates;
22-4 (B) transported annually to another state or
22-5 imported into this state for treatment or other disposition
22-6 according to previous rates and projected increases from those
22-7 rates; and
22-8 (C) disposed of or incinerated annually within
22-9 the state.
22-10 (d) The plan shall set a goal for overall reduction in the
22-11 amount of municipal solid waste consistent with Section 361.422
22-12 using 1991 as the base year for computing the reduction. The
22-13 commission may adjust this goal if it determines that it is not
22-14 necessary given the state's disposal capacity, is not economically
22-15 or technologically feasible, or is not feasible given the state's
22-16 projected population growth.
22-17 (e) The plan shall ensure that source reduction, reuse,
22-18 recycling, composting, and resource recovery are all addressed.
22-19 (f) The plan shall include a program of public education
22-20 developed under Section 361.0202.
22-21 (g) The plan may not allow the commission to require a local
22-22 government to perform any act not specifically required by state
22-23 law or commission rule.
22-24 SECTION 2.04. Subchapter B, Chapter 361, Health and Safety
22-25 Code, is amended by adding Section 361.0202 to read as follows:
22-26 Sec. 361.0202. DEVELOPMENT OF EDUCATION PROGRAMS. (a) The
22-27 commission shall develop a public awareness program to increase
23-1 awareness of individual responsibility for properly reducing and
23-2 disposing of municipal solid waste and to encourage participation
23-3 in waste source reduction, composting, reuse, and recycling. The
23-4 program shall include:
23-5 (1) a media campaign to develop and disseminate
23-6 educational materials designed to establish broad public
23-7 understanding and compliance with the state's waste reduction and
23-8 recycling goals; and
23-9 (2) a curriculum, developed in cooperation with the
23-10 commissioner of education and suitable for use in programs from
23-11 kindergarten through high school, that promotes waste reduction and
23-12 recycling.
23-13 (b) As part of the program, the commission may:
23-14 (1) advise and consult with individuals, businesses,
23-15 and manufacturers on source reduction techniques and recycling; and
23-16 (2) sponsor or cosponsor with public and private
23-17 organizations technical workshops and seminars on source reduction
23-18 and recycling.
23-19 SECTION 2.05. Subchapter B, Chapter 361, Health and Safety
23-20 Code, is amended by adding Section 361.0219 to read as follows:
23-21 Sec. 361.0219. OFFICE OF WASTE EXCHANGE. (a) The office of
23-22 waste exchange is an office of the commission.
23-23 (b) The office shall facilitate the exchange of solid waste,
23-24 recyclable or compostable materials, and other secondary materials
23-25 among persons that generate, recycle, compost, or reuse those
23-26 materials, in order to foster greater recycling, composting, and
23-27 reuse in the state. At least one party to such an exchange must be
24-1 in the state. The office shall provide information to interested
24-2 persons on arranging exchanges of these materials in order to allow
24-3 greater recycling, composting, and reuse of the materials, and may
24-4 act as broker for exchanges of the materials if private brokers are
24-5 not available.
24-6 (c) The office of waste exchange shall adopt a plan for
24-7 providing to interested persons information on waste exchange and
24-8 shall report to the legislature on the plan and on the state's
24-9 participation in any regional or national waste exchange program.
24-10 Annually the office of waste exchange shall report to the
24-11 legislature on progress in implementing this section, including
24-12 information on the movement and exchange of materials and the
24-13 effect on recycling, composting, and reuse rates in the state.
24-14 SECTION 2.06. Section 361.024, Health and Safety Code, is
24-15 amended by adding Subsection (e) to read as follows:
24-16 (e) Rules shall be adopted as provided by the Administrative
24-17 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
24-18 Civil Statutes). As provided by that Act, the commission must
24-19 adopt rules when adopting, repealing, or amending any agency
24-20 statement of general applicability that interprets or prescribes
24-21 law or policy or describes the procedure or practice requirements
24-22 of the agency. The commission shall follow its own rules as
24-23 adopted until it changes them in accordance with that Act.
24-24 SECTION 2.07. Section 361.034(a), Health and Safety Code, is
24-25 amended to read as follows:
24-26 (a) The commission shall submit a report to the presiding
24-27 officers of the legislature and the governor not later than January
25-1 1 of each odd-numbered year. The report must include:
25-2 (1) a summary of a performance report of the imposed
25-3 industrial solid waste and hazardous waste fees authorized under
25-4 Subchapter D and related activities to determine the
25-5 appropriateness of the fee structures;
25-6 (2) an evaluation of progress made in accomplishing
25-7 the state's public policy concerning the preference of waste
25-8 management methods under Section 361.023;
25-9 (3) projections of the volume of waste by type of
25-10 waste, disposition of waste, and remaining capacity or capacity
25-11 used for the treatment and disposal of the waste; <and>
25-12 (4) projections of the availability of adequate
25-13 capacity in this state for the management of all types of hazardous
25-14 waste generated within the state and a report of the amounts,
25-15 types, and sources of hazardous waste imported into and exported
25-16 from the state in the previous year;
25-17 (5) an evaluation of the progress made and activities
25-18 engaged in consistent with the state's municipal solid waste
25-19 management plan, in particular the progress toward meeting the
25-20 waste reduction goal established by Section 361.0201(d);
25-21 (6) an evaluation of the progress made by local
25-22 governments under the solid waste management plans;
25-23 (7) the status of state procurement under Section
25-24 361.426 of products made of recycled materials or that are
25-25 reusable, including documentation of any decision not to purchase
25-26 those products;
25-27 (8) the status of the governmental entity recycling
26-1 program established under Section 361.425, including the status of
26-2 collection and storage procedures and program evaluations required
26-3 by that section;
26-4 (9) the status of the public education program
26-5 described in Section 361.0202; and
26-6 (10) recommendations to the governor and to the
26-7 legislature for improving the management of municipal solid waste
26-8 in the state.
26-9 SECTION 2.08. Section 361.111, Health and Safety Code, is
26-10 amended to read as follows:
26-11 Sec. 361.111. COMMISSION SHALL <DEPARTMENT MAY> EXEMPT
26-12 CERTAIN MUNICIPAL SOLID WASTE MANAGEMENT FACILITIES. (a) The
26-13 commission shall <department may> exempt from permit requirements a
26-14 municipal solid waste management facility that<:>
26-15 <(1)> is used in the transfer of municipal solid waste
26-16 to a solid waste processing or disposal facility from:
26-17 (1) a municipality <service area> with a population of
26-18 less than 50,000;
26-19 (2) a county with a population of less than 85,000;
26-20 (3) a facility used in the transfer of municipal solid
26-21 waste that transfers or will transfer 125 tons a day or less; or
26-22 (4) a materials recovery facility that recycles for
26-23 reuse more than 10 percent of its incoming nonsegregated waste
26-24 stream if the remaining nonrecyclable waste is transferred to a
26-25 permitted Type I landfill not farther than 50 miles from the
26-26 materials recovery facility.
26-27 (b) The facility shall comply <5,000 to a solid waste
27-1 processing or disposal site; and>
27-2 <(2) complies> with design and operational
27-3 requirements established by commission <board of health> rule that
27-4 are necessary to protect the public's health and the environment.
27-5 (c) To qualify for an exemption under this section, an
27-6 applicant must hold a public meeting about the siting of the
27-7 facility in the municipality or county in which the facility is or
27-8 will be located.
27-9 SECTION 2.09. Section 363.003, Health and Safety Code, is
27-10 amended to read as follows:
27-11 Sec. 363.003. FINDINGS. The legislature finds that:
27-12 (1) the growth of the state's economy and population
27-13 has resulted in an increase in discarded materials;
27-14 (2) the improper management of solid waste creates
27-15 hazards to the public health, can cause air and water pollution,
27-16 creates public nuisances, and causes a blight on the landscape;
27-17 (3) there is increasing public opposition to the
27-18 location of solid waste land disposal facilities;
27-19 (4) because some communities lack sufficient financial
27-20 resources, municipal solid waste land disposal sites in the state
27-21 are being improperly operated and maintained, causing potential
27-22 health problems to nearby residents, attracting vectors, and
27-23 creating conditions that destroy the beauty and quality of our
27-24 environment;
27-25 (5) often, operational deficiencies occur at rural
27-26 solid waste land disposal sites operated by local governments that
27-27 do not have the funds, personnel, equipment, and technical
28-1 expertise to properly operate a disposal system;
28-2 (6) many smaller communities and rural residents have
28-3 no organized solid waste collection and disposal system, resulting
28-4 in dumping of garbage and trash along the roadside, in roadside
28-5 parks, and at illegal dump sites;
28-6 (7) combining two or more small, inefficient
28-7 operations into local, regional, or countywide systems may provide
28-8 a more economical, efficient, and safe means for the collection and
28-9 disposal of solid waste and will offer greater opportunities for
28-10 future resource recovery;
28-11 (8) there are private operators of municipal solid
28-12 waste management systems with whom persons can contract or
28-13 franchise their services, and many of those private operators
28-14 possess the management expertise, qualified personnel, and
28-15 specialized equipment for the safe collection, handling, and
28-16 disposal of solid waste;
28-17 (9) technologies exist to separate usable material
28-18 from solid waste and to convert solid waste to energy, and it will
28-19 benefit this state to work in cooperation with private business,
28-20 nonprofit organizations, and public agencies that have acquired
28-21 knowledge, expertise, and technology in the fields of energy
28-22 production and recycling, reuse, reclamation, and collection of
28-23 materials;
28-24 (10) the opportunity for resource recovery is
28-25 diminished unless local governments can exercise control over solid
28-26 waste and can enter long-term contracts to supply solid waste to
28-27 resource recovery systems or to operate those systems; <and>
29-1 (11) the control of solid waste collection and
29-2 disposal should continue to be the responsibility of local
29-3 governments and public agencies, but the problems of solid waste
29-4 management have become a matter of state concern and require state
29-5 financial assistance to plan and implement solid waste management
29-6 practices that encourage the safe disposal of solid waste and the
29-7 recovery of material and energy resources from solid waste; and
29-8 (12) local governments should be encouraged to
29-9 contract with waste management firms to meet the requirements of
29-10 this chapter.
29-11 SECTION 2.10. Subchapter C, Chapter 361, Health and Safety
29-12 Code, is amended by adding Section 361.0961 to read as follows:
29-13 Sec. 361.0961. RESTRICTIONS ON AUTHORITY OF LOCAL GOVERNMENT
29-14 OR OTHER POLITICAL SUBDIVISION. (a) A local government or other
29-15 political subdivision may not adopt an ordinance, rule, or
29-16 regulation to:
29-17 (1) prohibit or restrict, for solid waste management
29-18 purposes, the sale or use of a container or package in a manner not
29-19 authorized by state law;
29-20 (2) prohibit or restrict the processing of solid waste
29-21 by a solid waste facility permitted by the commission for that
29-22 purpose in a manner not authorized by state law; or
29-23 (3) assess a fee or deposit on the sale or use of a
29-24 container or package.
29-25 (b) This section does not prevent a local government or
29-26 other political subdivision from complying with federal or state
29-27 law or regulation. A local government or other political
30-1 subdivision may take any action otherwise prohibited by this
30-2 section in order to comply with federal requirements or to avoid
30-3 federal or state penalties or fines.
30-4 (c) This section does not limit the authority of a local
30-5 government to enact zoning ordinances.
30-6 SECTION 2.11. Section 363.062, Health and Safety Code, is
30-7 amended by adding a new Subsection (d) and relettering existing
30-8 Subsections (d) and (e) to read as follows:
30-9 (d) In each even-numbered year on the anniversary of the
30-10 adoption of a municipal solid waste management plan, each planning
30-11 region shall report to the department on the progress of the
30-12 region's municipal solid waste management program and recycling
30-13 activities developed under this section. The department may not
30-14 require a planning region to submit to the department information
30-15 previously submitted to the department by the planning region in an
30-16 earlier plan or report.
30-17 (e) If the department determines that a regional solid waste
30-18 management plan does not conform to the requirements adopted by the
30-19 board, the department shall give written notice to the planning
30-20 region of each aspect of the plan that must be changed to conform
30-21 to board requirements. After the changes have been made in the
30-22 plan as provided by the department, the department shall submit the
30-23 plan to the board for approval.
30-24 (f) <(e)> The board by rule shall adopt an approved regional
30-25 solid waste management plan.
30-26 SECTION 2.12. Section 363.063, Health and Safety Code, is
30-27 amended by adding a new Subsection (d) and relettering existing
31-1 Subsections (d) and (e) to read as follows:
31-2 (d) In each even-numbered year on the anniversary of the
31-3 adoption of a municipal solid waste management plan, each local
31-4 government shall report to the department on the progress of its
31-5 municipal solid waste management program and recycling activities
31-6 implemented under this section. The department may not require a
31-7 local government to submit to the planning region or to the
31-8 department information previously submitted to the planning region
31-9 or department by the local government in an earlier plan or report.
31-10 (e) If the department determines that a local solid waste
31-11 management plan does not conform to the requirements adopted by the
31-12 board, the department shall give written notice to the local
31-13 government of each aspect of the plan that must be changed to
31-14 conform to board requirements. After changes are made in the plan
31-15 as requested by the department, the department shall submit the
31-16 plan to the board for approval.
31-17 (f) <(e)> The board by rule shall adopt an approved local
31-18 solid waste management plan.
31-19 SECTION 2.13. Section 363.064, Health and Safety Code, is
31-20 amended to read as follows:
31-21 Sec. 363.064. Contents of Regional or Local Solid Waste
31-22 Management Plan. A regional or local solid waste management plan
31-23 must:
31-24 (1) include a description and an assessment of current
31-25 efforts in the geographic area covered by the plan to minimize
31-26 production of municipal solid waste, including sludge, and efforts
31-27 to reuse or recycle waste;
32-1 (2) identify additional opportunities for waste
32-2 minimization and waste reuse or recycling;
32-3 (3) include a description and assessment of existing
32-4 or proposed community programs for the collection of household
32-5 hazardous waste;
32-6 (4) make recommendations for encouraging and achieving
32-7 a greater degree of waste minimization and waste reuse or recycling
32-8 in the geographic area covered by the plan;
32-9 (5) encourage cooperative efforts between local
32-10 governments and private industry in the siting of landfills for the
32-11 disposal of solid waste;
32-12 (6) consider the need to transport waste between
32-13 municipalities, from a municipality to an area in the jurisdiction
32-14 of a county, or between counties, particularly if a technically
32-15 suitable site for a landfill does not exist in a particular area;
32-16 <and>
32-17 (7) allow a local government to justify the need for a
32-18 landfill in its jurisdiction to dispose of the solid waste
32-19 generated in the jurisdiction of another local government that does
32-20 not have a technically suitable site for a landfill in its
32-21 jurisdiction;<.>
32-22 (8) <(7)> establish recycling rate goals appropriate
32-23 to the area covered by the plan; and
32-24 (9) <(8)> recommend composting programs for yard waste
32-25 and related organic wastes that may include:
32-26 (A) creation and use of community composting
32-27 centers;
33-1 (B) adoption of the "Don't Bag It" program for
33-2 lawn clippings developed by the Texas Agricultural Extension
33-3 Service; and
33-4 (C) development and promotion of education
33-5 programs on home composting, community composting, and the
33-6 separation of yard waste for use as mulch;
33-7 (10) assess the need for new waste disposal capacity;
33-8 (11) include a public education program; and
33-9 (12) include waste reduction in accordance with the
33-10 goal established under Section 361.0201(d), to the extent that
33-11 funds are available.
33-12 SECTION 2.14. The office of waste exchange created by
33-13 Section 361.0219, Health and Safety Code, as added by this article,
33-14 shall adopt the plan required by that section not later than
33-15 September 1, 1994.
33-16 SECTION 2.15. The change in law made by Section 361.024,
33-17 Health and Safety Code, as amended by this article, applies to
33-18 rules in effect on or adopted on or after the effective date of
33-19 this Act.
33-20 ARTICLE 3. MISCELLANEOUS
33-21 SECTION 3.01. This Act does not affect the transfer of
33-22 powers, duties, rights, and obligations made by Chapter 3, Acts of
33-23 the 72nd Legislature, 1st Called Session, 1991.
33-24 SECTION 3.02. The importance of this legislation and the
33-25 crowded condition of the calendars in both houses create an
33-26 emergency and an imperative public necessity that the
33-27 constitutional rule requiring bills to be read on three several
34-1 days in each house be suspended, and this rule is hereby suspended,
34-2 and that this Act take effect and be in force from and after its
34-3 passage, and it is so enacted.