By: Shapiro S.B. No. 1448
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the use of the hazardous and solid waste remediation
1-2 fee fund.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (c), Section 361.133, Health and
1-5 Safety Code, is amended to read as follows:
1-6 (c) The commission may use the money collected and deposited
1-7 to the credit of the fund under this section, including interest
1-8 credited under Subsection (b)(4), only for:
1-9 (1) necessary and appropriate removal and remedial
1-10 action at sites at which solid waste or hazardous substances have
1-11 been disposed if funds from a liable person, independent third
1-12 person, or the federal government are not sufficient for the
1-13 removal or remedial action;
1-14 (2) necessary and appropriate maintenance of removal
1-15 and remedial actions for the expected life of those actions if:
1-16 (A) funds from a liable person have been
1-17 collected and deposited to the credit of the fund for that purpose;
1-18 or
1-19 (B) funds from a liable person, independent
1-20 third person, or the federal government are not sufficient for the
1-21 maintenance;
1-22 (3) expenses concerning compliance with:
1-23 (A) the Comprehensive Environmental Response,
2-1 Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et
2-2 seq.) as amended;
2-3 (B) the federal Superfund Amendments and
2-4 Reauthorization Act of 1986 (10 U.S.C. Section 2701 et seq.); and
2-5 (C) Subchapters F and I;
2-6 (4) expenses concerning the regulation and management
2-7 of household hazardous substances and the prevention of pollution
2-8 of the water resources of the state from the uncontrolled release
2-9 of hazardous substances; <and>
2-10 (5) expenses concerning the cleanup or removal of a
2-11 spill, release, or potential threat of release of a hazardous
2-12 substance where immediate action is appropriate to protect human
2-13 health and the environment; and
2-14 (6) expenses, not to exceed 25 percent annually of the
2-15 fees on batteries collected under Section 361.138, concerning the
2-16 mitigation of economic and environmental impacts of lead-acid
2-17 battery recycling activities on local governments and expenses
2-18 involving programs to promote battery recycling.
2-19 SECTION 2. The importance of this legislation and the
2-20 crowded condition of the calendars in both houses create an
2-21 emergency and an imperative public necessity that the
2-22 constitutional rule requiring bills to be read on three several
2-23 days in each house be suspended, and this rule is hereby suspended,
2-24 and that this Act take effect and be in force from and after its
2-25 passage, and it is so enacted.