BILL ANALYSIS H.B. 1665 By: Madden 05-02-95 Committee Report (Unamended) BACKGROUND The 72nd Legislature adopted a $2-3 fee on the sale of lead-acid batteries. By law, proceeds from this fee are deposited in the hazardous and solid waste remediation fee fund to be used primarily for remedial actions at solid and hazardous waste disposal sites. Battery fees generate approximately $11-12 million annually for the remediation fund; this represents approximately half of the revenues to the fund. None of the revenues from battery fees are used to promote battery recycling or address the impacts of lead-acid battery recycling other than remediation. PURPOSE HB 1665 authorizes the Texas Natural Resource Conservation Commission (TNRCC) to utilize up to 20% annually of the fee on batteries for purposes other than superfund remediation and removal actions. New uses would include the promotion of recycling, efforts to encourage innovative technology, and efforts to mitigate the effects of recycling activities on local governments. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1: Amends Section 361.133(c), Health and Safety Code, to authorize the TNRCC to utilize up to 20 percent of the fee on batteries going to the hazardous and solid waste remediation fee fund for activities related to lead-acid battery recycling. This includes remediation, the promotion of recycling, the mitigation of impacts on local governments, and encouraging the adoption of innovative technology. SECTION 2: Requires the TNRCC to allocate to battery-related programs at least 10 percent of the battery fee monies appropriated to the agency during the 1996-97 biennium. SECTION 3: Emergency clause; effective date: upon passage. SUMMARY OF COMMITTEE ACTION HB 1665 was considered by the House Committee on Environmental Regulation in a public hearing on March 14, 1995. The chair recognized Rep. Madden to explain the bill. The following persons testified in favor of the bill: Bob Warren, Mayor of the City of Frisco, representing himself and the City of Frisco. George Purefoy, City Manager of the City of Frisco, representing himself. Larry G. Eagan, representing himself and GNB Technologies Inc., Battery Manufacturing and Recycling. The following persons testified against the bill: Jon Fisher, Texas Chemical Council. Mary Miksa, representing herself and Texas Association of Business and Chambers of Commerce. Without objection, HB 1665 was left pending. HB 1665 was considered by the House Committee on Environmental Regulation in a public hearing on May 2, 1995. The bill was reported favorably without amendment with the recommendation that it do pass and be printed, by a record vote of five (5) ayes, no (0) nays, no (0) pnv, and four (4) absent.