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.