BILL ANALYSIS H.B. 2945 By: Dukes (Barrientos) Natural Resources 05-26-95 Senate Committee Report (Unamended) BACKGROUND The 72nd Legislature enacted S.B. 1340 establishing recycling and waste reduction programs at the state level and set a statewide 40 percent statewide recycling goal to be achieved by January 1, 1994. The 73rd Legislature enacted S.B. 1051 amending the goal to include source reduction as well as recycling, and directed the Texas Natural Resource Conservation Commission to convene a task force, if the goal was not met, to make recommendations to the legislature. The task force recommended in its Final Report that the 40 percent goal be reauthorized without a specific deadline and that the base year for calculating the 40 percent goal be changed to 1992. PURPOSE As proposed, H.B. 2945 amends the state's source reduction and recycling goal to reduce the disposal of municipal solid waste; amends regulation of fertilizer labeling. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is granted to the Texas Feed and Fertilizer Control Service under SECTION 5 (Section 63.051(e), Agriculture Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 361.422(a), (d), and (e), Health and Safety Code, as follows: (a) Deletes language providing that it is the state's goal to reduce by at least 40 percent the amount of solid municipal waste disposed of this state by January 1, 1994. (d) Requires the Texas Natural Resource Conservation Commission (TNRCC), for the purpose of measuring progress toward the state source and recycling goal, rather than the municipal solid waste reduction goal, to use the weight of the total municipal solid waste stream in 1992, instead of 1991, as the base year for comparison. Makes conforming and nonsubstantive changes. (e) Requires TNRCC, before January 1, 2001, rather than January 1, 1994, to determine whether the goal established in Subsection (a) is achieved. Requires TNRCC, if it finds that the goal is not being achieved, to convene an advisory task force (task force) consisting of certain representatives, including representatives of the recycling industry. Deletes language authorizing TNRCC to recommend a plan on the disposal of yard waste in a landfill. Requires, instead of authorizes, the task force to recommend a plan to the legislature for reaching the goal established in Subsection (a). SECTION 2. Amends Section 361.421(1), Health and Safety Code, to redefine "compost." SECTION 3. Amends Section 63.001(8), Agriculture Code, to redefine "fertilizer material." SECTION 4. Amends Section 63.051(a), Agriculture Code, to set forth the information that each container of commercial fertilizer distributed in this state, other than customer-formula fertilizer, is required to have on a label except as provided by Subsections (d) and (e). SECTION 5. Amends Section 63.051, Agriculture Code, by adding Subsection (e), to provide that compost that is labeled, advertised, or otherwise identified or sold as fertilizer without a claim of specific grade content is exempt from labeling and inspection requirements of Subsections (a)-(c), Requires the Texas Feed and Fertilizer Control Service to adopt rules for labeling compost that is exempt under this subsection. SECTION 6. Amends Section 63.071(h), Agriculture Code, to provide that a person is not required to pay an inspection fee on compost if the compost is exempt from inspection under Section 63.051(e). SECTION 7. Emergency clause. Effective date: upon passage.