By: Parker S.B. No. 1225
A BILL TO BE ENTITLED
AN ACT
1-1 relating to setting state goals, standards, and fees for used oil
1-2 and solid waste.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 361.421, Health and Safety Code, is
1-5 amended to read as follows:
1-6 Sec. 361.421. Definitions. In this subchapter:
1-7 (1) "Compost" is the disinfected and stabilized
1-8 product of the decomposition process that is used or sold for use
1-9 as a soil amendment, artificial top soil, growing medium amendment,
1-10 or other similar uses.
1-11 (2) "Composting" means the controlled biological
1-12 decomposition of organic materials through microbial activity.
1-13 Depending on the specific application, composting can serve as both
1-14 a volume reduction and a waste treatment measure. A beneficial
1-15 organic composting activity is an appropriate waste management
1-16 solution that shall divert compatible materials from the solid
1-17 waste stream that cannot be recycled into higher grade uses and
1-18 convert these materials into a useful product that is put to
1-19 beneficial reuse <can serve> as a soil amendment or mulch.
1-20 (3) "Life-cycle cost benefit analysis" means a method
1-21 of determining <comparing> the total equivalent costs and benefits
1-22 of using products over their lifetimes or over any other period of
1-23 time. These costs and benefits are all associated costs and all
2-1 associated benefits of each product over the time period under
2-2 consideration and include but are not limited to initial costs,
2-3 annual operating costs, annual savings, future costs, and residual
2-4 (salvage) values. The use of this method permits exact
2-5 comparisons of these total costs and benefits to determine the most
2-6 cost-effective <based on initial maintenance costs which include
2-7 the initial cost, maintenance costs, and other related expenses>.
2-8 (4) "Postconsumer waste" means a material or product
2-9 that has served its intended use and has been discarded after
2-10 passing through the hands of a final user. For the purpose of this
2-11 subchapter, the term does not include industrial or hazardous
2-12 waste.
2-13 (5) "Recyclable material" means material that has been
2-14 recovered or diverted from the <non-hazardous> solid waste stream
2-15 for purposes of reuse, recycling, or reclamation, a substantial
2-16 portion of which is consistently used in the manufacture of
2-17 products which may otherwise be produced using raw or virgin
2-18 materials. Recyclable material is not solid waste unless such
2-19 material is deemed to be hazardous solid waste by the Administrator
2-20 of the United States Environmental Protection Agency, whereupon it
2-21 shall be regulated accordingly unless it is otherwise exempted in
2-22 whole or in part from regulation under the federal Solid Waste
2-23 Disposal Act, as amended by the Resource Conservation and Recovery
2-24 Act of 1976 (42 U.S.C. Section 6901 et seq.), by Environmental
2-25 Protection Agency regulation. However, recyclable material may
3-1 become solid waste at such time, if any, as it is abandoned or
3-2 disposed of rather than recycled, whereupon it will be solid waste
3-3 with respect only to the party actually abandoning or disposing of
3-4 the material.
3-5 (6) "Recycled material" means materials, goods, or
3-6 products that consist of recyclable material or materials derived
3-7 from postconsumer waste, industrial waste, or hazardous waste which
3-8 may be used in place of a raw or virgin material in manufacturing a
3-9 new product.
3-10 (7) "Recycled product" means a product which meets the
3-11 requirements for recycled material content as prescribed by the
3-12 rules established by the department described in Section 361.427.
3-13 (8) "Recycling" means a process by which materials
3-14 that have served their intended use or are scrapped, discarded,
3-15 used, surplus, or obsolete are collected, separated, or processed
3-16 and returned to use in the form of raw materials in the production
3-17 of new products. Recycling <Except for mixed municipal solid waste
3-18 composting, that is, composting of the typical mixed solid waste
3-19 stream generated by residential, commercial, and/or institutional
3-20 sources, recycling> includes the composting process if the compost
3-21 material is put to beneficial reuse as defined by the Texas Water
3-22 Commission.
3-23 (9) "Source reduction" means an activity or process
3-24 that avoids the creation of municipal solid waste in the state by
3-25 reducing waste at the source. The term includes redesigning
4-1 products or packaging so that less material is disposed of,
4-2 changing a process of producing a product or providing a service so
4-3 that less material is disposed of, or making behavioral changes in
4-4 the use of materials that reduce the amount of waste generated.
4-5 (10) "State agency" means a department, commission,
4-6 board, office, council, or other agency in the executive branch of
4-7 government that is created by the constitution or a statute of this
4-8 state and has authority not limited to a geographical portion of
4-9 the state. The term does not include a university system or
4-10 institution of higher education as defined by Section 61.003,
4-11 Education Code.
4-12 (11) <(10)> "Virgin material" means a raw material
4-13 used in manufacturing that has not yet become a product.
4-14 (12) <(11)> "Yard waste" means leaves, grass
4-15 clippings, yard and garden debris, and brush, including clean woody
4-16 vegetative material not greater than six inches in diameter, that
4-17 results from landscaping maintenance and land-clearing operations.
4-18 The term does not include stumps, roots, or shrubs with intact root
4-19 balls.
4-20 SECTION 2. Section 361.422, Health and Safety Code, is
4-21 amended to read as follows:
4-22 Sec. 361.422. STATE SOURCE REDUCTION AND RECYCLING GOAL.
4-23 (a) It is the state's goal to reduce <achieve by January 1, 1994,
4-24 the recycling of at least 40 percent of> the state's total
4-25 municipal solid waste stream that is disposed of as solid waste by
5-1 at least 40 percent by January 1, 1994, through source reduction
5-2 and recycling.
5-3 (b) In this section, "total municipal solid waste stream"
5-4 means the sum of the state's total municipal solid waste that is
5-5 disposed of as solid waste, measured in tons, and the total number
5-6 of tons of recyclable material that has been diverted or recovered
5-7 from the total municipal solid waste and recycled.
5-8 (c) The <By January 1, 1992, the> department shall establish
5-9 rules and reporting requirements through which progress toward
5-10 achieving the established source reduction and recycling goals can
5-11 be measured. The rules may take into consideration those ongoing
5-12 community source reduction and recycling programs where substantial
5-13 progress has already been achieved. The department may also
5-14 establish a limit on the amount of credit that may be given to
5-15 certain high-volume materials in measuring recycling progress.
5-16 (d) The baseline for the purpose of measuring progress
5-17 toward the municipal solid waste reduction goal shall be the weight
5-18 of the total municipal solid waste stream in 1991. To calculate
5-19 progress toward the municipal solid waste reduction goal for the
5-20 year under comparison, the department shall:
5-21 (1) calculate the total number of tons of recyclable
5-22 material that has been diverted or recovered from the total
5-23 municipal solid waste stream and recycled; and
5-24 (2) calculate the amount by which the total municipal
5-25 solid waste stream has been reduced through source reduction.
6-1 (e) To calculate the amount of waste reduced through source
6-2 reduction, the department may use the results of studies, surveys,
6-3 or reports of the source reduction activities of businesses,
6-4 communities, and other sources of municipal solid waste. The
6-5 department also may estimate the amount of waste reduced through
6-6 source reduction by adjusting the total municipal solid waste
6-7 stream in the comparison year for changes in economic activity that
6-8 contributes to municipal solid waste, for changes in population,
6-9 and for other relevant changes between the baseline year and the
6-10 comparison year. The difference between the actual and the
6-11 adjusted total municipal solid waste stream may be attributed to
6-12 source reduction activities.
6-13 SECTION 3. Section 361.425, Health and Safety Code, is
6-14 amended by amending Subsection (a) and adding Subsection (d) to
6-15 read as follows:
6-16 (a) A state agency, state court or judicial agency, a
6-17 university system or institution of higher education, a county,
6-18 municipality, school district, or special district shall:
6-19 (1) in cooperation with the <State Purchasing and>
6-20 General Services Commission or the department establish a program
6-21 for the separation and collection of all recyclable materials
6-22 generated by the entity's operations, including, at a minimum,
6-23 aluminum, steel containers, aseptic packaging and polycoated
6-24 paperboard cartons, high-grade office paper, and corrugated
6-25 cardboard;
7-1 (2) provide procedures for collecting and storing
7-2 recyclable materials, containers for recyclable materials, and
7-3 procedures for making contractual or other arrangements with buyers
7-4 of recyclable materials;
7-5 (3) evaluate the amount of recyclable material
7-6 recycled and modify the recycling program as necessary to ensure
7-7 that all recyclable materials are effectively and practicably
7-8 recycled; and
7-9 (4) establish educational and incentive programs to
7-10 encourage maximum employee participation.
7-11 (d) In this section, "recyclable materials" includes
7-12 materials in the entity's possession that have been abandoned or
7-13 disposed of by the entity's officers or employees or by any other
7-14 person.
7-15 SECTION 4. Subdivision (1), Section 371.003, Health and
7-16 Safety Code, is amended to read as follows:
7-17 (1) "Automotive oil" means any lubricating oils
7-18 intended for use in an internal combustion engine, crankcase,
7-19 transmission, gear box, or differential for an automobile, bus, or
7-20 truck. The term includes oil that is not labeled specifically for
7-21 such use but is suitable for such use according to generally
7-22 accepted industry specifications.
7-23 SECTION 5. Section 371.062, Health and Safety Code, is
7-24 amended to read as follows:
7-25 Sec. 371.062. Fee on Sale of Automotive Oil. (a) In this
8-1 section:
8-2 (1) "First sale" means the first actual sale of
8-3 automotive oil delivered to a location in this state and sold to a
8-4 purchaser who is not an automotive oil manufacturer. The term does
8-5 not include the sale of automotive oil exported from this state to
8-6 a location outside this state for the purpose of sale or use
8-7 outside this state. This term does not include sales of automotive
8-8 oils for resale to or use by vessels exclusively engaged in foreign
8-9 or interstate commerce.
8-10 (2) "Importer" means any person who imports or causes
8-11 to be imported automotive oil into this state for sale, use, or
8-12 consumption.
8-13 (3) "Oil manufacturer" means any person or entity that
8-14 formulates automotive oil and packages, distributes, or sells that
8-15 automotive oil. The term includes any person packaging or
8-16 repackaging automotive oil.
8-17 (b) An oil manufacturer <or importer> who makes a first sale
8-18 of automotive oil is liable for a fee.
8-19 (c) An oil importer who imports or causes to be imported
8-20 automotive oil is liable for the fee at the time the oil is
8-21 received.
8-22 (d) An oil distributor or retailer who exports from this
8-23 state to a location outside this state oil on which the automotive
8-24 oil fee has been paid may request from his supplier a refund or
8-25 credit of the fee paid on the exported oil. The supplier or oil
9-1 manufacturer and the importer may in turn request a refund of the
9-2 fee paid to the comptroller. The amount of refund that may be
9-3 claimed under this section may equal but not exceed the amount of
9-4 the fee paid on the automotive oil.
9-5 (e) An oil manufacturer, importer, distributor, or retailer
9-6 who makes a sale to a vessel or a sale for resale to a vessel of
9-7 automotive oil on which the automotive oil fee has been paid may
9-8 file with the comptroller a request for refund of the fee paid on
9-9 the oil or, where applicable, may request a refund or credit from
9-10 the supplier to whom the fee was paid. The supplier may in turn
9-11 request a refund from the comptroller. The amount of refund that
9-12 may be claimed under this section may equal but not exceed the
9-13 amount of the fee paid on the automotive oil.
9-14 (f) Each oil manufacturer or importer required to pay a fee
9-15 under this section shall:
9-16 (1) prepare and maintain, on a form provided or
9-17 approved by the comptroller, a report of each first sale or, in the
9-18 case of an importer, the first receipt in Texas of automotive oil
9-19 by the person and the price received;
9-20 (2) retain the invoice or a copy of the invoice or
9-21 other appropriate record of the sale or receipt for four years from
9-22 the date of sale or receipt; and
9-23 (3) on or before the 25th day of the month following
9-24 the end of each calendar quarter, file a report with the
9-25 comptroller and remit to the comptroller the amount of fees
10-1 required to be paid for the preceding quarter.
10-2 (g) <(d)> Records required to be maintained under Subsection
10-3 (f) <(c)> shall be available for inspection by the comptroller at
10-4 all reasonable times.
10-5 (h) <(e)> The comptroller shall adopt rules necessary for
10-6 the administration, collection, reporting, and payment of the fees
10-7 payable or collected under this section.
10-8 (i) <(f)> Except as provided by this section, Chapters 101
10-9 and 111 through 113, Tax Code, apply to the administration,
10-10 payment, collection, and enforcement of fees under this section in
10-11 the same manner that those chapters apply to the administration,
10-12 payment, collection, and enforcement of taxes under Title 2, Tax
10-13 Code.
10-14 (j) <(g)> The fee imposed under this section is two cents
10-15 per quart or eight cents per gallon of automotive oil. The
10-16 department shall monitor the unobligated balance of the used oil
10-17 recycling fund and shall, by rule, adjust the fee rate to meet
10-18 expenditure requirements of the used oil recycling program and to
10-19 maintain an appropriate fund balance. The fee imposed under this
10-20 section may not exceed five cents per quart or 20 cents per gallon
10-21 of automotive oil. The department shall notify the comptroller of
10-22 a fee rate adjustment at least 90 days prior to the effective date
10-23 of the new fee rate. <On or before September 1 of each year, the
10-24 department and the comptroller jointly shall issue notice of the
10-25 effective fee rate for the next fiscal year.>
11-1 (k) <(h)> A person required to pay a fee under this section
11-2 may retain one percent of the amount of the fees due from each
11-3 quarterly payment as reimbursement for administrative costs.
11-4 (l) <(i)> The comptroller may deduct a percentage of the
11-5 fees collected under this section in an amount sufficient to pay
11-6 the reasonable and necessary costs of administering and enforcing
11-7 this section. The comptroller shall credit the amount deducted to
11-8 the general revenue fund. The balance of fees and all penalties
11-9 and interest collected under this section shall be deposited to the
11-10 credit of the used oil recycling fund.
11-11 SECTION 6. This Act takes effect October 1, 1993.
11-12 SECTION 7. The importance of this legislation and the
11-13 crowded condition of the calendars in both houses create an
11-14 emergency and an imperative public necessity that the
11-15 constitutional rule requiring bills to be read on three several
11-16 days in each house be suspended, and this rule is hereby suspended.