73R11099 E
By Parker S.B. No. 1225
Substitute the following for S.B. No. 1225:
By Jackson C.S.S.B. No. 1225
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to solid waste management and waste reduction, including
1-3 state goals, standards, and fees for used oil and solid waste.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 ARTICLE 1. USED OIL, RECYCLING, AND WASTE REDUCTION
1-6 SECTION 1.01. Section 361.421, Health and Safety Code, is
1-7 amended to read as follows:
1-8 Sec. 361.421. Definitions. In this subchapter:
1-9 (1) "Compost" is the disinfected and stabilized
1-10 product of the decomposition process that is used or sold for use
1-11 as a soil amendment, artificial top soil, growing medium amendment,
1-12 or other similar uses.
1-13 (2) "Composting" means the controlled biological
1-14 decomposition of organic materials through microbial activity.
1-15 Depending on the specific application, composting can serve as both
1-16 a volume reduction and a waste treatment measure. A beneficial
1-17 organic composting activity is an appropriate waste management
1-18 solution that shall divert compatible materials from the solid
1-19 waste stream that cannot be recycled into higher grade uses and
1-20 convert these materials into a useful product that is put to
1-21 beneficial reuse <can serve> as a soil amendment or mulch.
1-22 (3) "Life-cycle cost benefit analysis" means a method
1-23 of determining <comparing> the total equivalent costs and benefits
1-24 of using products over their lifetimes or over any other period of
2-1 time. These costs and benefits are all associated costs and all
2-2 associated benefits of each product over the time under
2-3 consideration and include initial costs, annual operating costs,
2-4 annual savings, future costs, and residual (salvage) values. The
2-5 use of this method permits exact comparisons of these total costs
2-6 and benefits to determine the most cost-effective product <based on
2-7 initial maintenance costs which include the initial cost,
2-8 maintenance costs, and other related expenses>.
2-9 (4) "Postconsumer waste" means a material or product
2-10 that has served its intended use and has been discarded after
2-11 passing through the hands of a final user. For the purpose of this
2-12 subchapter, the term does not include industrial or hazardous
2-13 waste.
2-14 (5) "Recyclable material" means material that has been
2-15 recovered or diverted from the <non-hazardous> solid waste stream
2-16 for purposes of reuse, recycling, or reclamation, a substantial
2-17 portion of which is consistently used in the manufacture of
2-18 products which may otherwise be produced using raw or virgin
2-19 materials. Recyclable material is not solid waste unless the
2-20 material is deemed to be hazardous solid waste by the Administrator
2-21 of the United States Environmental Protection Agency, whereupon it
2-22 shall be regulated accordingly unless it is otherwise exempted in
2-23 whole or in part from regulation under the federal Solid Waste
2-24 Disposal Act, as amended by the Resource Conservation and Recovery
2-25 Act of 1976 (42 U.S.C. Section 6901 et seq.), by Environmental
2-26 Protection Agency regulation. However, recyclable material may
2-27 become solid waste at such time, if any, as it is abandoned or
3-1 disposed of rather than recycled, whereupon it will be solid waste
3-2 with respect only to the party actually abandoning or disposing of
3-3 the material.
3-4 (6) "Recycled material" means materials, goods, or
3-5 products that consist of recyclable material or materials derived
3-6 from postconsumer waste, industrial waste, or hazardous waste which
3-7 may be used in place of a raw or virgin material in manufacturing a
3-8 new product.
3-9 (7) "Recycled product" means a product which meets the
3-10 requirements for recycled material content as prescribed by the
3-11 rules established by the department described in Section 361.427.
3-12 (8) "Recycling" means a process by which materials
3-13 that have served their intended use or are scrapped, discarded,
3-14 used, surplus, or obsolete are collected, separated, or processed
3-15 and returned to use in the form of raw materials in the production
3-16 of new products. Recycling <Except for mixed municipal solid waste
3-17 composting, that is, composting of the typical mixed solid waste
3-18 stream generated by residential, commercial, and/or institutional
3-19 sources, recycling> includes:
3-20 (A) the composting process if the compost
3-21 material is put to beneficial reuse as defined by the commission;
3-22 and
3-23 (B) the application to land, as organic
3-24 fertilizer, of processed sludge or biosolids from municipal
3-25 wastewater treatment plants and other organic matter resulting from
3-26 poultry, dairy, livestock, or other agricultural operations.
3-27 (9) "Source reduction" means an activity or process
4-1 that avoids the creation of municipal solid waste in the state by
4-2 reducing waste at the source and includes:
4-3 (A) redesigning a product or packaging so that
4-4 less material is ultimately disposed of;
4-5 (B) changing a process for producing a good or
4-6 providing a service so that less material is disposed of; or
4-7 (C) changing the way a material is used so that
4-8 the amount of waste generated is reduced.
4-9 (10) "State agency" means a department, commission,
4-10 board, office, council, or other agency in the executive branch of
4-11 government that is created by the constitution or a statute of this
4-12 state and has authority not limited to a geographical portion of
4-13 the state. The term does not include a university system or
4-14 institution of higher education as defined by Section 61.003,
4-15 Education Code.
4-16 (11) <(10)> "Virgin material" means a raw material
4-17 used in manufacturing that has not yet become a product.
4-18 (12) <(11)> "Yard waste" means leaves, grass
4-19 clippings, yard and garden debris, and brush, including clean woody
4-20 vegetative material not greater than six inches in diameter, that
4-21 results from landscaping maintenance and land-clearing operations.
4-22 The term does not include stumps, roots, or shrubs with intact root
4-23 balls.
4-24 SECTION 1.02. Section 361.422, Health and Safety Code, is
4-25 amended to read as follows:
4-26 Sec. 361.422. STATE SOURCE REDUCTION AND RECYCLING GOAL.
4-27 (a) It is the state's goal to reduce <achieve> by January 1, 1994,
5-1 <the recycling of at least 40 percent of> the amount of <state's
5-2 total> municipal solid waste disposed of in this state by at least
5-3 40 percent through source reduction and recycling <stream>.
5-4 (b) In this section, "total municipal solid waste stream"
5-5 means the sum of the state's total municipal solid waste that is
5-6 disposed of as solid waste, measured in tons, and the total number
5-7 of tons of recyclable material that has been diverted or recovered
5-8 from the total municipal solid waste and recycled.
5-9 (c) The <By January 1, 1992, the> department shall establish
5-10 rules and reporting requirements through which progress toward
5-11 achieving the established source reduction and recycling goals can
5-12 be measured. The rules may take into consideration those ongoing
5-13 community source reduction and recycling programs where substantial
5-14 progress has already been achieved. The department may also
5-15 establish a limit on the amount of credit that may be given to
5-16 certain high-volume materials in measuring recycling progress.
5-17 (d) For the purpose of measuring progress toward the
5-18 municipal solid waste reduction goal, the department shall use the
5-19 weight of the total municipal solid waste stream in 1991 as a
5-20 baseline for comparison. To compute progress toward the municipal
5-21 solid waste reduction goal for a year, the department shall
5-22 compute:
5-23 (1) the total number of tons of recyclable material
5-24 that have been diverted or recovered from the total municipal solid
5-25 waste stream in that year and recycled; and
5-26 (2) the actual or estimated amount by which the total
5-27 municipal solid waste stream has been reduced through source
6-1 reduction.
6-2 (e) To compute the amount of waste reduced through source
6-3 reduction, the department may use the results of studies, surveys,
6-4 or reports of source reduction activities undertaken by businesses,
6-5 communities, or other sources of municipal solid waste. The
6-6 department may estimate the amount of waste reduced through source
6-7 reduction by adjusting the total municipal solid waste stream in
6-8 the comparison year for changes in economic activity that
6-9 contributes to municipal solid waste, for changes in population,
6-10 and for other relevant changes between the baseline year and the
6-11 comparison year. The department may attribute the difference
6-12 between the actual and the adjusted total municipal solid waste
6-13 stream to source reduction activities.
6-14 SECTION 1.03. Section 361.425, Health and Safety Code, is
6-15 amended by amending Subsection (a) and adding Subsection (d) to
6-16 read as follows:
6-17 (a) A state agency, state court or judicial agency, a
6-18 university system or institution of higher education, a county,
6-19 municipality, school district, or special district shall:
6-20 (1) in cooperation with the <State Purchasing and>
6-21 General Services Commission or the department establish a program
6-22 for the separation and collection of all recyclable materials
6-23 generated by the entity's operations, including, at a minimum,
6-24 aluminum, steel containers, aseptic packaging and polycoated
6-25 paperboard cartons, high-grade office paper, and corrugated
6-26 cardboard;
6-27 (2) provide procedures for collecting and storing
7-1 recyclable materials, containers for recyclable materials, and
7-2 procedures for making contractual or other arrangements with buyers
7-3 of recyclable materials;
7-4 (3) evaluate the amount of recyclable material
7-5 recycled and modify the recycling program as necessary to ensure
7-6 that all recyclable materials are effectively and practicably
7-7 recycled; and
7-8 (4) establish educational and incentive programs to
7-9 encourage maximum employee participation.
7-10 (d) In this section, "recyclable materials" includes
7-11 materials in the entity's possession that have been abandoned or
7-12 disposed of by the entity's officers or employees or by any other
7-13 person.
7-14 SECTION 1.04. The heading to Subchapter N, Chapter 361,
7-15 Health and Safety Code, is amended to read as follows:
7-16 SUBCHAPTER N. WASTE REDUCTION <RECYCLING> PROGRAMS;
7-17 DISPOSAL FEES
7-18 SECTION 1.05. Section 371.003(1), Health and Safety Code, is
7-19 amended to read as follows:
7-20 (1) "Automotive oil" means any lubricating oils
7-21 intended for use in an internal combustion engine, crankcase,
7-22 transmission, gear box, or differential for an automobile, bus, or
7-23 truck. The term includes oil that is not labeled specifically for
7-24 that use but is suitable for that use according to generally
7-25 accepted industry specifications.
7-26 SECTION 1.06. Section 371.061, Health and Safety Code, is
7-27 amended by adding Subsection (e) to read as follows:
8-1 (e) The fund is exempt from the application of Sections
8-2 403.094(h) and 403.095, Government Code.
8-3 SECTION 1.07. Subchapter B, Chapter 371, Health and Safety
8-4 Code, is amended by adding Sections 371.0245 and 371.0246 to read
8-5 as follows:
8-6 Sec. 371.0245. REIMBURSEMENT OF COLLECTION CENTER. (a) The
8-7 commission, on proper application, shall reimburse the owner or
8-8 operator of an eligible registered public used oil collection
8-9 center for costs associated with the collection center's disposal
8-10 of:
8-11 (1) do-it-yourself (DIY) used oil collected by the
8-12 collection center that, unknown to the center at the time of
8-13 collection, contains hazardous wastes;
8-14 (2) used oil collected by the collection center that
8-15 has been commingled with DIY oils described in Subdivision (1) and
8-16 is unsuitable for recycling; or
8-17 (3) contaminated used oil left at the collection
8-18 center as used oil after posted business hours and without the
8-19 knowledge of the collection center.
8-20 (b) A registered public used oil collection center is
8-21 eligible for reimbursement if it demonstrates to the satisfaction
8-22 of the commission that:
8-23 (1) the center has established procedures to minimize
8-24 the risk that the used oil the center generates or collects from
8-25 the public will not be mixed with hazardous wastes, especially
8-26 halogenated wastes;
8-27 (2) the center accepts not more than five gallons of
9-1 used oil from any person at any one time; and
9-2 (3) the center can document to the satisfaction of the
9-3 commission the volume of used oil the center collects from the
9-4 public during a period by:
9-5 (A) providing a process by which all individuals
9-6 leaving do-it-yourself (DIY) used oil at the center are required to
9-7 log their names, addresses, and the approximate amounts of used oil
9-8 brought to the collection center and ensuring that all
9-9 do-it-yourself (DIY) used oil collected is kept in a separate
9-10 sealed and labeled container placed on an impermeable surface; or
9-11 (B) another method approved by the commission.
9-12 (c) For the purpose of Subsection (b)(2), the owner or
9-13 operator of a registered public used oil collection center may
9-14 presume that a quantity of not more than five gallons of used oil
9-15 collected from a member of the public is not mixed with a hazardous
9-16 substance, if the owner or operator acts in good faith and in the
9-17 belief the oil is generated from the individual's personal
9-18 activity.
9-19 (d) In any state fiscal year, a registered public used oil
9-20 collection center may not be reimbursed for more than $5,000 in
9-21 total eligible disposal costs, subject to Section 371.0246(d).
9-22 (e) A reimbursement made under this section may be paid out
9-23 of the used oil recycling fund not to exceed an aggregate amount of
9-24 $500,000 each fiscal year.
9-25 Sec. 371.0246. PROCEDURES FOR REIMBURSEMENT. (a) An owner
9-26 or operator of a registered public used oil collection center may
9-27 apply for reimbursement from the commission.
10-1 (b) An application for reimbursement shall be filed on a
10-2 form approved or provided by the commission.
10-3 (c) An application must contain:
10-4 (1) the name, address, and telephone number of the
10-5 applicant;
10-6 (2) the name, mailing address, location address, and
10-7 commission registration number of the registered public used oil
10-8 collection center from which the contaminated oil was removed;
10-9 (3) the name, address, telephone number, and
10-10 commission registration number of the hazardous waste transporter
10-11 used to dispose of the contaminated used oil;
10-12 (4) a copy of the signed uniform hazardous waste
10-13 manifest;
10-14 (5) a copy of each invoice for which reimbursement is
10-15 requested and evidence that the amount shown on the invoice has
10-16 been paid in full, which may be in the form of:
10-17 (A) canceled checks;
10-18 (B) business receipts from the person who
10-19 performed the work; or
10-20 (C) other documentation approved by the
10-21 commission;
10-22 (6) a waste-characterization or similar documentation
10-23 required before acceptance of a hazardous waste by the disposal
10-24 facility that accepted the contaminated used oil for disposal; and
10-25 (7) any other information that the executive director
10-26 may reasonably require.
10-27 (d) All claims for reimbursement filed under this section
11-1 and Section 371.0245 are subject to the availability of money in
11-2 the used oil recycling fund and to Section 371.0245(e). This
11-3 subchapter does not create an entitlement to money in the used oil
11-4 recycling fund or any other fund.
11-5 SECTION 1.08. Subchapter D, Chapter 371, Health and Safety
11-6 Code, is amended by adding Section 371.063 to read as follows:
11-7 Sec. 371.063. ANNUAL REPORTING REQUIREMENT. The commission
11-8 shall monitor the balance of the used oil recycling fund and shall
11-9 provide a detailed report of all income, expenditures, and programs
11-10 funded to the Texas Legislature on an annual basis.
11-11 SECTION 1.09. Section 371.062, Health and Safety Code, is
11-12 amended to read as follows:
11-13 Sec. 371.062. Fee on Sale of Automotive Oil. (a) In this
11-14 section:
11-15 (1) "First sale" means the first actual sale of
11-16 automotive oil delivered to a location in this state and sold to a
11-17 purchaser who is not an automotive oil manufacturer. The term does
11-18 not include the sale of automotive oil exported from this state to
11-19 a location outside this state for the purpose of sale or use
11-20 outside this state. This term does not include sales of automotive
11-21 oils for resale to or use by vessels exclusively engaged in foreign
11-22 or interstate commerce.
11-23 (2) "Importer" means any person who imports or causes
11-24 to be imported automotive oil into this state for sale, use, or
11-25 consumption.
11-26 (3) "Oil manufacturer" means any person or entity that
11-27 formulates automotive oil and packages, distributes, or sells that
12-1 automotive oil. The term includes any person packaging or
12-2 repackaging automotive oil.
12-3 (b) An oil manufacturer <or importer> who makes a first sale
12-4 of automotive oil is liable for a fee.
12-5 (c) An oil importer who imports or causes to be imported
12-6 automotive oil is liable for the fee at the time the oil is
12-7 received.
12-8 (d) An oil distributor or retailer who exports from this
12-9 state to a location outside this state oil on which the automotive
12-10 oil fee has been paid may request from his supplier a refund or
12-11 credit of the fee paid on the exported oil. The supplier or oil
12-12 manufacturer and the importer may in turn request a refund of the
12-13 fee paid to the comptroller. The amount of refund that may be
12-14 claimed under this section may equal but not exceed the amount of
12-15 the fee paid on the automotive oil.
12-16 (e) An oil manufacturer, importer, distributor, or retailer
12-17 who makes a sale to a vessel or a sale for resale to a vessel of
12-18 automotive oil on which the automotive oil fee has been paid may
12-19 file with the comptroller a request for refund of the fee paid on
12-20 the oil or, where applicable, may request a refund or credit from
12-21 the supplier to whom the fee was paid. The supplier may in turn
12-22 request a refund from the comptroller. The amount of refund that
12-23 may be claimed under this section may equal but not exceed the
12-24 amount of the fee paid on the automotive oil.
12-25 (f) Each oil manufacturer or importer required to pay a fee
12-26 under this section shall:
12-27 (1) prepare and maintain, on a form provided or
13-1 approved by the comptroller, a report of each first sale or, in the
13-2 case of an importer, the first receipt in Texas of automotive oil
13-3 by the person and the price received;
13-4 (2) retain the invoice or a copy of the invoice or
13-5 other appropriate record of the sale or receipt for four years from
13-6 the date of sale or receipt; and
13-7 (3) on or before the 25th day of the month following
13-8 the end of each calendar quarter, file a report with the
13-9 comptroller and remit to the comptroller the amount of fees
13-10 required to be paid for the preceding quarter.
13-11 (g) <(d)> Records required to be maintained under Subsection
13-12 (f) <(c)> shall be available for inspection by the comptroller at
13-13 all reasonable times.
13-14 (h) <(e)> The comptroller shall adopt rules necessary for
13-15 the administration, collection, reporting, and payment of the fees
13-16 payable or collected under this section.
13-17 (i) <(f)> Except as provided by this section, Chapters 101
13-18 and 111 through 113, Tax Code, apply to the administration,
13-19 payment, collection, and enforcement of fees under this section in
13-20 the same manner that those chapters apply to the administration,
13-21 payment, collection, and enforcement of taxes under Title 2, Tax
13-22 Code.
13-23 (j) <(g)> The fee imposed under this section is two cents
13-24 per quart or eight cents per gallon of automotive oil. The
13-25 department shall monitor the unobligated balance of the used oil
13-26 recycling fund and shall adjust the fee rate to meet expenditure
13-27 requirements of the used oil recycling program and to maintain an
14-1 appropriate fund balance. The fee imposed under this section may
14-2 not exceed five cents per quart or 20 cents per gallon of
14-3 automotive oil. On or before September 1 of each year, the
14-4 department and the comptroller jointly shall issue notice of the
14-5 effective fee rate for the next fiscal year.
14-6 (k) <(h)> A person required to pay a fee under this section
14-7 may retain one percent of the amount of the fees due from each
14-8 quarterly payment as reimbursement for administrative costs.
14-9 (l) <(i)> The comptroller may deduct a percentage of the
14-10 fees collected under this section in an amount sufficient to pay
14-11 the reasonable and necessary costs of administering and enforcing
14-12 this section. The comptroller shall credit the amount deducted to
14-13 the general revenue fund. The balance of fees and all penalties
14-14 and interest collected under this section shall be deposited to the
14-15 credit of the used oil recycling fund.
14-16 SECTION 1.10. The change in law made by Sections 371.0245
14-17 and 371.0246, Health and Safety Code, as added by this article,
14-18 applies only to costs incurred by an eligible registered public
14-19 used oil collection center on or after September 1, 1993.
14-20 SECTION 1.11. Not later than December 1, 1993, the Texas
14-21 Water Commission or its successor shall adopt any rules necessary
14-22 to administer the reimbursement program established by Sections
14-23 371.0245 and 371.0246, Health and Safety Code, as added by this
14-24 article.
14-25 SECTION 1.12. (a) Except as provided by Subsection (b),
14-26 this article takes effect October 1, 1993.
14-27 (b) Sections 1.07 and 1.08 take effect September 1, 1993.
15-1 ARTICLE 2. MUNICIPAL SOLID WASTE MANAGEMENT
15-2 SECTION 2.01. The legislature finds that:
15-3 (1) the reduction of municipal solid waste by
15-4 encouraging affordable alternatives to disposal is an important
15-5 strategy in state-local waste management policy;
15-6 (2) improving all the municipal solid waste management
15-7 techniques is necessary to achieve the goal of reducing the
15-8 municipal solid waste stream;
15-9 (3) waste reduction efforts should focus on waste
15-10 stream components that are highest in volume;
15-11 (4) a municipal solid waste infrastructure that
15-12 encourages the reduction of waste through environmentally and
15-13 economically sound waste management incentives and the use of
15-14 source reduction, reuse, recycling, composting, and resource
15-15 recovery processes should be developed;
15-16 (5) flexible and effective means of implementing and
15-17 enforcing municipal solid waste laws should be provided;
15-18 (6) incentives for businesses to use recycled
15-19 materials should be created; and
15-20 (7) the actual cost of municipal solid waste disposal
15-21 should be imposed by municipalities on those that place municipal
15-22 solid waste in the solid waste stream in order to pay for
15-23 infrastructure development and to encourage waste reduction from
15-24 landfills.
15-25 SECTION 2.02. Section 361.013, Health and Safety Code, is
15-26 amended by amending Subsection (a) and adding Subsection (f) to
15-27 read as follows:
16-1 (a) Except as provided by Subsection (e), the department
16-2 shall charge a fee on solid waste that is disposed of within this
16-3 state. The fee is $1.25 <the greater of 50 cents> per ton received
16-4 for disposal at a landfill if the solid waste is measured by
16-5 weight. If the solid waste is measured by volume, the fee <or,>
16-6 for compacted solid waste is 40<, 50> cents per cubic yard or, for
16-7 uncompacted solid waste, 25 <10> cents per cubic yard received for
16-8 disposal at a landfill. The department shall set the fee for
16-9 sludge or similar waste applied to the land for beneficial use on a
16-10 dry weight basis and for solid waste received at an incinerator or
16-11 a shredding and composting facility at half the fee set for solid
16-12 waste received for disposal at a landfill. The department may
16-13 charge comparable fees for other means of solid waste disposal that
16-14 are used.
16-15 (f) The department may not charge a fee under Subsection (a)
16-16 for source separated yard waste materials that are composted at a
16-17 composting facility, including a composting facility located at a
16-18 permitted landfill site. The department shall credit any fee
16-19 payment due under Subsection (a) for any material received and
16-20 converted to compost or product for composting through a composting
16-21 process. Any compost or product for composting that is not used as
16-22 compost and is deposited in a landfill is not exempt from the fee.
16-23 SECTION 2.03. Subchapter B, Chapter 361, Health and Safety
16-24 Code, is amended by adding Section 361.0135 to read as follows:
16-25 Sec. 361.0135. COMPOSTING REFUND. (a) The operator of a
16-26 public or privately owned municipal solid waste facility is
16-27 entitled to a refund of 15 percent of the solid waste fees
17-1 collected by the facility under Section 361.013(a) if:
17-2 (1) the refunds are used to lease or purchase and
17-3 operate equipment necessary to compost yard waste;
17-4 (2) composting operations are actually performed; and
17-5 (3) the finished compost material produced by the
17-6 facility is returned to beneficial reuse.
17-7 (b) The amount of the refund authorized by this section
17-8 increases to 20 percent of the solid waste fees collected by the
17-9 facility if, in addition to composting the yard waste, the operator
17-10 of the facility voluntarily bans the disposal of yard waste at the
17-11 facility.
17-12 (c) In order to receive a refund authorized by this section,
17-13 the operator of the facility must submit a composting plan to the
17-14 commission. The commission by rule may set a fee for reviewing a
17-15 composting plan in an amount not to exceed the costs of review.
17-16 (d) The operator is entitled to a refund of fees collected
17-17 by the facility under Section 361.013(a) on or after the date on
17-18 which the commission approves the composting plan. The refund is
17-19 collectable beginning on the date that the first composting
17-20 operations occur in accordance with the approved plan. The
17-21 commission may allow the refund to be applied as a credit against
17-22 fees required to be collected by the facility under Section
17-23 361.013(a).
17-24 (e) In this section, the terms "compost," "composting," and
17-25 "yard waste" have the meanings assigned by Section 361.421.
17-26 (f) This section expires September 1, 1999, if the
17-27 commission on or before that date determines that a market in
18-1 composting materials has developed sufficiently to ensure that
18-2 composting activities will continue without the incentives provided
18-3 by this section.
18-4 SECTION 2.04. Section 361.014, Health and Safety Code, is
18-5 amended to read as follows:
18-6 Sec. 361.014. Use of Solid Waste Fee Revenue. Revenue
18-7 received by the commission <department> under Section 361.013 shall
18-8 be deposited in the state treasury to the credit of the commission
18-9 <department>. At least half the revenue is dedicated to the
18-10 commission's <department's> municipal solid waste permitting and
18-11 enforcement programs and related support activities, and the
18-12 balance of the revenue is dedicated to pay for activities that will
18-13 enhance the state's solid waste management program, including:
18-14 (1) provision of funds for the municipal solid waste
18-15 management planning fund and the municipal solid waste resource
18-16 recovery applied research and technical assistance fund established
18-17 by the Comprehensive Municipal Solid Waste Management, Resource
18-18 Recovery, and Conservation Act (Chapter 363);
18-19 (2) conduct of demonstration projects and studies to
18-20 help local governments of various populations and the private
18-21 sector to convert to accounting systems and set rates that reflect
18-22 the full costs of providing waste management services and are
18-23 proportionate to the amount of waste generated;
18-24 (3) provision of technical assistance to local
18-25 governments concerning solid waste management;
18-26 (4) <(3)> establishment of a solid waste resource
18-27 center in the department and an office of waste minimization and
19-1 recycling;
19-2 (5) <(4)> provision of supplemental funding to local
19-3 governments for the enforcement of this chapter, the Texas Litter
19-4 Abatement Act (Chapter 365), and Chapter 741, Acts of the 67th
19-5 Legislature, Regular Session, 1981 (Article 4477-9a, Vernon's Texas
19-6 Civil Statutes);
19-7 (6) <(5)> conduct of a statewide public awareness
19-8 program concerning solid waste management;
19-9 (7) <(6)> provision of supplemental funds for other
19-10 state agencies with responsibilities concerning solid waste
19-11 management, recycling, and other initiatives with the purpose of
19-12 diverting recyclable waste from landfills;
19-13 (8) <(7)> conduct of research to promote the
19-14 development and stimulation of markets for recycled waste products;
19-15 (9) <(8)> creation of a state municipal solid waste
19-16 superfund for:
19-17 (A) the cleanup of unauthorized tire dumps and
19-18 solid waste dumps for which a responsible party cannot be located
19-19 or is not immediately financially able to provide the cleanup; and
19-20 (B) the cleanup or proper closure of abandoned
19-21 or contaminated municipal solid waste sites for which a responsible
19-22 party is not immediately financially able to provide the cleanup;
19-23 <and>
19-24 (10) provision of funds to mitigate the economic and
19-25 environmental impacts of lead-acid battery recycling on local
19-26 governments;
19-27 (11) provision of funds for the conduct of research by
20-1 a public or private entity to assist the state in developing new
20-2 technologies and methods to reduce the amount of municipal waste
20-3 disposed of in landfills; and
20-4 (12) <(9)> provision of funds for other programs that
20-5 the commission <board of health> may consider appropriate to
20-6 further the purposes of this chapter.
20-7 SECTION 2.05. Sections 361.020(a), (b), (d), (e), and (f),
20-8 Health and Safety Code, are amended to read as follows:
20-9 (a) The commission <department> shall develop a strategic
20-10 state solid waste plan for all solid waste under its jurisdiction.
20-11 The commission shall develop a strategic <state solid waste> plan
20-12 for the reduction of solid waste <under its jurisdiction. The
20-13 state agencies shall coordinate the solid waste plans developed>.
20-14 (b) A strategic plan shall<, for the kinds of waste under
20-15 the jurisdiction of the agency preparing the plan,> identify both
20-16 short-term and long-term waste management problems, set short-term
20-17 objectives as steps toward meeting long-term goals, and recommend
20-18 specific actions to be taken within stated <state> times designed
20-19 to address the identified problems and to achieve the stated
20-20 objectives and goals. A plan shall reflect the state's preferred
20-21 waste management methods as stated in Section 361.022 or 361.023
20-22 <for the kinds of waste under the jurisdiction of the agency
20-23 preparing the plan>. A strategic plan shall describe the total
20-24 estimated generation of solid waste in the state over a five-year
20-25 and a 10-year period and shall list existing and proposed solid
20-26 waste management facilities to manage that waste.
20-27 (d) The commission in developing a comprehensive statewide
21-1 <Each agency in preparing its> strategic plan shall:
21-2 (1) consult with:
21-3 (A) <(1)> the agency's waste minimization,
21-4 recycling, or reduction division;
21-5 (B) the municipal solid waste management and
21-6 resource recovery advisory council;
21-7 (C) <(2)> the waste reduction advisory
21-8 committee; <and>
21-9 (D) <(3)> the interagency coordinating council;
21-10 and
21-11 (E) local governments, appropriate regional and
21-12 state agencies, businesses, citizen groups, and private waste
21-13 management firms;
21-14 (2) hold public hearings in different regions of the
21-15 state; and
21-16 (3) publish the proposed plan in the Texas Register.
21-17 (e) A strategic plan shall be updated every two years. The
21-18 commission <Each agency> continually shall collect and analyze data
21-19 for use in its next updated plan and systematically shall monitor
21-20 progress toward achieving existing plan objectives and goals. In
21-21 preparing its updated plan, an agency shall examine previously and
21-22 newly identified waste management problems, reevaluate its plan
21-23 objectives and goals, and review and update its planning documents.
21-24 (f) Before the <department or the> commission adopts its
21-25 strategic plan or makes significant amendments to the plan, the
21-26 Texas Air Control Board must have the opportunity to comment and
21-27 make recommendations on the proposed plan or amendments and shall
22-1 be given such reasonable time to do so as specified by the agency.
22-2 SECTION 2.06. Subchapter B, Chapter 361, Health and Safety
22-3 Code, is amended by adding Section 361.0201 to read as follows:
22-4 Sec. 361.0201. COMPREHENSIVE MUNICIPAL SOLID WASTE
22-5 MANAGEMENT STRATEGIC PLAN. (a) The comprehensive municipal solid
22-6 waste management strategic plan developed under Section 361.020
22-7 shall identify the components of the municipal solid waste stream
22-8 that are highest in volume and shall set priorities according to
22-9 those findings.
22-10 (b) The plan shall:
22-11 (1) describe the capacity in the state to manage
22-12 municipal waste through existing treatment or disposal facilities
22-13 and identify all existing municipal solid waste management
22-14 facilities in the state, their capacity, and their projected
22-15 remaining useful life; and
22-16 (2) analyze the state's capacity requirements over the
22-17 planning periods specified in Section 361.020(c).
22-18 (c) The analysis of capacity requirements under Subsection
22-19 (b) shall:
22-20 (1) examine the type and amount of each municipal
22-21 solid waste stream that can reasonably be expected to be generated
22-22 in the state or accepted from other states, using information on
22-23 existing and past levels of waste and representative receipts from
22-24 other states, and shall include information on the sources,
22-25 characteristics, and current patterns of waste management of those
22-26 waste streams; and
22-27 (2) estimate the amount of the total municipal solid
23-1 waste identified under this subsection that is reasonably expected
23-2 to be:
23-3 (A) recycled annually, according to previous
23-4 rates and projected increases from those rates;
23-5 (B) transported annually to another state or
23-6 imported into this state for treatment or other disposition
23-7 according to previous rates and projected increases from those
23-8 rates; and
23-9 (C) disposed of or incinerated annually within
23-10 the state.
23-11 (d) The plan shall set a goal for overall reduction in the
23-12 amount of municipal solid waste consistent with Section 361.422
23-13 using 1991 as the base year for computing the reduction. The
23-14 commission may adjust this goal if it determines that it is not
23-15 necessary given the state's disposal capacity, is not economically
23-16 or technologically feasible, or is not feasible given the state's
23-17 projected population growth.
23-18 (e) The plan shall ensure that source reduction, reuse,
23-19 recycling, composting, and resource recovery are all addressed.
23-20 (f) The plan shall include a program of public education
23-21 developed under Section 361.0202.
23-22 (g) The plan may not allow the commission to require a local
23-23 government to perform any act not specifically required by state
23-24 law or commission rule.
23-25 SECTION 2.07. Subchapter B, Chapter 361, Health and Safety
23-26 Code, is amended by adding Section 361.0202 to read as follows:
23-27 Sec. 361.0202. DEVELOPMENT OF EDUCATION PROGRAMS. (a) The
24-1 commission shall develop a public awareness program to increase
24-2 awareness of individual responsibility for properly reducing and
24-3 disposing of municipal solid waste and to encourage participation
24-4 in waste source reduction, composting, reuse, and recycling. The
24-5 program shall include:
24-6 (1) a media campaign to develop and disseminate
24-7 educational materials designed to establish broad public
24-8 understanding and compliance with the state's waste reduction and
24-9 recycling goals; and
24-10 (2) a curriculum, developed in cooperation with the
24-11 commissioner of education and suitable for use in programs from
24-12 kindergarten through high school, that promotes waste reduction and
24-13 recycling.
24-14 (b) As part of the program, the commission may:
24-15 (1) advise and consult with individuals, businesses,
24-16 and manufacturers on source reduction techniques and recycling; and
24-17 (2) sponsor or cosponsor with public and private
24-18 organizations technical workshops and seminars on source reduction
24-19 and recycling.
24-20 SECTION 2.08. Subchapter B, Chapter 361, Health and Safety
24-21 Code, is amended by adding Section 361.0219 to read as follows:
24-22 Sec. 361.0219. OFFICE OF WASTE EXCHANGE. (a) The office of
24-23 waste exchange is an office of the commission.
24-24 (b) The office shall facilitate the exchange of solid waste,
24-25 recyclable or compostable materials, and other secondary materials
24-26 among persons that generate, recycle, compost, or reuse those
24-27 materials, in order to foster greater recycling, composting, and
25-1 reuse in the state. At least one party to such an exchange must be
25-2 in the state. The office shall provide information to interested
25-3 persons on arranging exchanges of these materials in order to allow
25-4 greater recycling, composting, and reuse of the materials, and may
25-5 act as broker for exchanges of the materials if private brokers are
25-6 not available.
25-7 (c) The office of waste exchange shall adopt a plan for
25-8 providing to interested persons information on waste exchange and
25-9 shall report to the legislature on the plan and on the state's
25-10 participation in any regional or national waste exchange program.
25-11 Annually the office of waste exchange shall report to the
25-12 legislature on progress in implementing this section, including
25-13 information on the movement and exchange of materials and the
25-14 effect on recycling, composting, and reuse rates in the state.
25-15 SECTION 2.09. Section 361.024, Health and Safety Code, is
25-16 amended by adding Subsection (e) to read as follows:
25-17 (e) Rules shall be adopted as provided by the Administrative
25-18 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
25-19 Civil Statutes). As provided by that Act, the commission must
25-20 adopt rules when adopting, repealing, or amending any agency
25-21 statement of general applicability that interprets or prescribes
25-22 law or policy or describes the procedure or practice requirements
25-23 of the agency. The commission shall follow its own rules as
25-24 adopted until it changes them in accordance with that Act.
25-25 SECTION 2.10. Section 361.034(a), Health and Safety Code, is
25-26 amended to read as follows:
25-27 (a) The commission shall submit a report to the presiding
26-1 officers of the legislature and the governor not later than January
26-2 1 of each odd-numbered year. The report must include:
26-3 (1) a summary of a performance report of the imposed
26-4 industrial solid waste and hazardous waste fees authorized under
26-5 Subchapter D and related activities to determine the
26-6 appropriateness of the fee structures;
26-7 (2) an evaluation of progress made in accomplishing
26-8 the state's public policy concerning the preference of waste
26-9 management methods under Section 361.023;
26-10 (3) projections of the volume of waste by type of
26-11 waste, disposition of waste, and remaining capacity or capacity
26-12 used for the treatment and disposal of the waste; <and>
26-13 (4) projections of the availability of adequate
26-14 capacity in this state for the management of all types of hazardous
26-15 waste generated within the state and a report of the amounts,
26-16 types, and sources of hazardous waste imported into and exported
26-17 from the state in the previous year;
26-18 (5) an evaluation of the progress made and activities
26-19 engaged in consistent with the state's municipal solid waste
26-20 management plan, in particular the progress toward meeting the
26-21 waste reduction goal established by Section 361.0201(d);
26-22 (6) an evaluation of the progress made by local
26-23 governments under the solid waste management plans;
26-24 (7) the status of state procurement under Section
26-25 361.426 of products made of recycled materials or that are
26-26 reusable, including documentation of any decision not to purchase
26-27 those products;
27-1 (8) the status of the governmental entity recycling
27-2 program established under Section 361.425, including the status of
27-3 collection and storage procedures and program evaluations required
27-4 by that section;
27-5 (9) the status of the public education program
27-6 described in Section 361.0202; and
27-7 (10) recommendations to the governor and to the
27-8 legislature for improving the management of municipal solid waste
27-9 in the state.
27-10 SECTION 2.11. Section 361.111, Health and Safety Code, is
27-11 amended to read as follows:
27-12 Sec. 361.111. COMMISSION SHALL <DEPARTMENT MAY> EXEMPT
27-13 CERTAIN MUNICIPAL SOLID WASTE MANAGEMENT FACILITIES. (a) The
27-14 commission shall <department may> exempt from permit requirements a
27-15 municipal solid waste management facility that<:>
27-16 <(1)> is used in the transfer of municipal solid waste
27-17 to a solid waste processing or disposal facility from:
27-18 (1) a municipality <service area> with a population of
27-19 less than 50,000;
27-20 (2) a county with a population of less than 85,000;
27-21 (3) a facility used in the transfer of municipal solid
27-22 waste that transfers or will transfer 125 tons a day or less; or
27-23 (4) a materials recovery facility that recycles for
27-24 reuse more than 10 percent of its incoming nonsegregated waste
27-25 stream if the remaining nonrecyclable waste is transferred to a
27-26 permitted landfill not farther than 50 miles from the materials
27-27 recovery facility.
28-1 (b) The facility shall comply <5,000 to a solid waste
28-2 processing or disposal site; and>
28-3 <(2) complies> with design and operational
28-4 requirements established by commission <board of health> rule that
28-5 are necessary to protect the public's health and the environment.
28-6 (c) To qualify for an exemption under this section, an
28-7 applicant must hold a public meeting about the siting of the
28-8 facility in the municipality or county in which the facility is or
28-9 will be located.
28-10 SECTION 2.12. Section 363.003, Health and Safety Code, is
28-11 amended to read as follows:
28-12 Sec. 363.003. FINDINGS. The legislature finds that:
28-13 (1) the growth of the state's economy and population
28-14 has resulted in an increase in discarded materials;
28-15 (2) the improper management of solid waste creates
28-16 hazards to the public health, can cause air and water pollution,
28-17 creates public nuisances, and causes a blight on the landscape;
28-18 (3) there is increasing public opposition to the
28-19 location of solid waste land disposal facilities;
28-20 (4) because some communities lack sufficient financial
28-21 resources, municipal solid waste land disposal sites in the state
28-22 are being improperly operated and maintained, causing potential
28-23 health problems to nearby residents, attracting vectors, and
28-24 creating conditions that destroy the beauty and quality of our
28-25 environment;
28-26 (5) often, operational deficiencies occur at rural
28-27 solid waste land disposal sites operated by local governments that
29-1 do not have the funds, personnel, equipment, and technical
29-2 expertise to properly operate a disposal system;
29-3 (6) many smaller communities and rural residents have
29-4 no organized solid waste collection and disposal system, resulting
29-5 in dumping of garbage and trash along the roadside, in roadside
29-6 parks, and at illegal dump sites;
29-7 (7) combining two or more small, inefficient
29-8 operations into local, regional, or countywide systems may provide
29-9 a more economical, efficient, and safe means for the collection and
29-10 disposal of solid waste and will offer greater opportunities for
29-11 future resource recovery;
29-12 (8) there are private operators of municipal solid
29-13 waste management systems with whom persons can contract or
29-14 franchise their services, and many of those private operators
29-15 possess the management expertise, qualified personnel, and
29-16 specialized equipment for the safe collection, handling, and
29-17 disposal of solid waste;
29-18 (9) technologies exist to separate usable material
29-19 from solid waste and to convert solid waste to energy, and it will
29-20 benefit this state to work in cooperation with private business,
29-21 nonprofit organizations, and public agencies that have acquired
29-22 knowledge, expertise, and technology in the fields of energy
29-23 production and recycling, reuse, reclamation, and collection of
29-24 materials;
29-25 (10) the opportunity for resource recovery is
29-26 diminished unless local governments can exercise control over solid
29-27 waste and can enter long-term contracts to supply solid waste to
30-1 resource recovery systems or to operate those systems; <and>
30-2 (11) the control of solid waste collection and
30-3 disposal should continue to be the responsibility of local
30-4 governments and public agencies, but the problems of solid waste
30-5 management have become a matter of state concern and require state
30-6 financial assistance to plan and implement solid waste management
30-7 practices that encourage the safe disposal of solid waste and the
30-8 recovery of material and energy resources from solid waste; and
30-9 (12) local governments should be encouraged to
30-10 contract with waste management firms to meet the requirements of
30-11 this chapter.
30-12 SECTION 2.13. Subchapter C, Chapter 361, Health and Safety
30-13 Code, is amended by adding Section 361.0961 to read as follows:
30-14 Sec. 361.0961. RESTRICTIONS ON AUTHORITY OF LOCAL GOVERNMENT
30-15 OR OTHER POLITICAL SUBDIVISION. (a) A local government or other
30-16 political subdivision may not adopt an ordinance, rule, or
30-17 regulation to:
30-18 (1) prohibit or restrict, for solid waste management
30-19 purposes, the sale or use of a container or package in a manner not
30-20 authorized by state law;
30-21 (2) prohibit or restrict the processing of solid waste
30-22 by a solid waste facility permitted by the commission for that
30-23 purpose in a manner not authorized by state law; or
30-24 (3) assess a fee or deposit on the sale or use of a
30-25 container or package.
30-26 (b) This section does not prevent a local government or
30-27 other political subdivision from complying with federal or state
31-1 law or regulation. A local government or other political
31-2 subdivision may take any action otherwise prohibited by this
31-3 section in order to comply with federal requirements or to avoid
31-4 federal or state penalties or fines.
31-5 (c) This section does not limit the authority of a local
31-6 government to enact zoning ordinances.
31-7 SECTION 2.14. Section 363.062, Health and Safety Code, is
31-8 amended by adding a new Subsection (d) and relettering existing
31-9 Subsections (d) and (e) to read as follows:
31-10 (d) In each even-numbered year on the anniversary of the
31-11 adoption of a municipal solid waste management plan, each planning
31-12 region shall report to the department on the progress of the
31-13 region's municipal solid waste management program and recycling
31-14 activities developed under this section. The department may not
31-15 require a planning region to submit to the department information
31-16 previously submitted to the department by the planning region in an
31-17 earlier plan or report.
31-18 (e) If the department determines that a regional solid waste
31-19 management plan does not conform to the requirements adopted by the
31-20 board, the department shall give written notice to the planning
31-21 region of each aspect of the plan that must be changed to conform
31-22 to board requirements. After the changes have been made in the
31-23 plan as provided by the department, the department shall submit the
31-24 plan to the board for approval.
31-25 (f) <(e)> The board by rule shall adopt an approved regional
31-26 solid waste management plan.
31-27 SECTION 2.15. Section 363.063, Health and Safety Code, is
32-1 amended by adding a new Subsection (d) and relettering existing
32-2 Subsections (d) and (e) to read as follows:
32-3 (d) In each even-numbered year on the anniversary of the
32-4 adoption of a municipal solid waste management plan, each local
32-5 government shall report to the department on the progress of its
32-6 municipal solid waste management program and recycling activities
32-7 implemented under this section. The department may not require a
32-8 local government to submit to the planning region or to the
32-9 department information previously submitted to the planning region
32-10 or department by the local government in an earlier plan or report.
32-11 (e) If the department determines that a local solid waste
32-12 management plan does not conform to the requirements adopted by the
32-13 board, the department shall give written notice to the local
32-14 government of each aspect of the plan that must be changed to
32-15 conform to board requirements. After changes are made in the plan
32-16 as requested by the department, the department shall submit the
32-17 plan to the board for approval.
32-18 (f) <(e)> The board by rule shall adopt an approved local
32-19 solid waste management plan.
32-20 SECTION 2.16. Section 363.064, Health and Safety Code, is
32-21 amended to read as follows:
32-22 Sec. 363.064. Contents of Regional or Local Solid Waste
32-23 Management Plan. A regional or local solid waste management plan
32-24 must:
32-25 (1) include a description and an assessment of current
32-26 efforts in the geographic area covered by the plan to minimize
32-27 production of municipal solid waste, including sludge, and efforts
33-1 to reuse or recycle waste;
33-2 (2) identify additional opportunities for waste
33-3 minimization and waste reuse or recycling;
33-4 (3) include a description and assessment of existing
33-5 or proposed community programs for the collection of household
33-6 hazardous waste;
33-7 (4) make recommendations for encouraging and achieving
33-8 a greater degree of waste minimization and waste reuse or recycling
33-9 in the geographic area covered by the plan;
33-10 (5) encourage cooperative efforts between local
33-11 governments and private industry in the siting of landfills for the
33-12 disposal of solid waste;
33-13 (6) consider the need to transport waste between
33-14 municipalities, from a municipality to an area in the jurisdiction
33-15 of a county, or between counties, particularly if a technically
33-16 suitable site for a landfill does not exist in a particular area;
33-17 <and>
33-18 (7) allow a local government to justify the need for a
33-19 landfill in its jurisdiction to dispose of the solid waste
33-20 generated in the jurisdiction of another local government that does
33-21 not have a technically suitable site for a landfill in its
33-22 jurisdiction;<.>
33-23 (8) <(7)> establish recycling rate goals appropriate
33-24 to the area covered by the plan; and
33-25 (9) <(8)> recommend composting programs for yard waste
33-26 and related organic wastes that may include:
33-27 (A) creation and use of community composting
34-1 centers;
34-2 (B) adoption of the "Don't Bag It" program for
34-3 lawn clippings developed by the Texas Agricultural Extension
34-4 Service; and
34-5 (C) development and promotion of education
34-6 programs on home composting, community composting, and the
34-7 separation of yard waste for use as mulch;
34-8 (10) assess the need for new waste disposal capacity;
34-9 (11) include a public education program; and
34-10 (12) include waste reduction in accordance with the
34-11 goal established under Section 361.0201(d), to the extent that
34-12 funds are available.
34-13 SECTION 2.17. The office of waste exchange created by
34-14 Section 361.0219, Health and Safety Code, as added by this article,
34-15 shall adopt the plan required by that section not later than
34-16 September 1, 1994.
34-17 SECTION 2.18. The change in law made by Section 361.024,
34-18 Health and Safety Code, as amended by this article, applies to
34-19 rules in effect on or adopted on or after the effective date of
34-20 this article.
34-21 SECTION 2.19. This article takes effect September 1, 1993.
34-22 ARTICLE 3. MISCELLANEOUS
34-23 SECTION 3.01. This Act does not affect the transfer of
34-24 powers, duties, rights, and obligations made by Chapter 3, Acts of
34-25 the 72nd Legislature, 1st Called Session, 1991.
34-26 SECTION 3.02. The importance of this legislation and the
34-27 crowded condition of the calendars in both houses create an
35-1 emergency and an imperative public necessity that the
35-2 constitutional rule requiring bills to be read on three several
35-3 days in each house be suspended, and this rule is hereby suspended.