BILL ANALYSIS H.B. 3072 By: Gallego (Shapiro) Natural Resources 05-12-95 Senate Committee Report (Amended) BACKGROUND The municipal solid waste fee collected by public and private landfills is remitted to the state. The revenues created from the fee are used to finance the solid waste programs of the Texas Natural Resource Conservation Commission and local solid waste management projects. When the municipal solid waste fee was established, local governments and landfill operators believed that the revenues generated from the fee would be distributed equally among state waste management programs and local waste management projects, but recently, the local share of the revenues has decreased from 45.7 percent to 27.9 percent while the commission's share has increased. PURPOSE As proposed, H.B. 3072 provides that one-half of the solid waste fee revenue is dedicated to the Texas Natural Resource Conservation Commission's solid waste permitting and enforcement programs and enhancement of the solid waste management program. Provides that the other half of the revenue is dedicated to the local and regional solid waste management projects. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 361.014, Health and Safety Code, as follows: Sec. 361.014. USE OF SOLID WASTE FEE REVENUE. (a) Provides that half, rather than at least half, of the solid waste fee revenue (revenue) is dedicated to the Texas Natural Resource Conservation Commission's (commission) solid waste permitting and enforcement programs, related support activities, and enhancement activities of the state's solid waste management program. Deletes language providing that the balance of the revenue is dedicated to the enhancement of the state's solid waste management program. Deletes existing Subdivision (12) providing that a portion of the revenue be dedicated to other programs that the commission may consider appropriate to further the purposes of this chapter. (b) Provides that half of the revenue is dedicated to local and regional solid waste projects consistent with regional plans approved by the commission and to update and maintain those plans. Requires those revenues to be allocated to municipal solid waste geographic planning regions for use by local governments and regional planning commissions according to a formula established by the commission that takes into account certain factors. Requires each planning region to issue a biennial report to the legislature detailing how the revenue is spent. Requires a project or service funded under this subsection to promote cooperation between public and private entities. Prohibits a project or service from being otherwise readily available or creating a competitive advantage over a private industry that provides recycling or solid waste services. (c) Redesignates existing Subsection (b). SECTION 2. Emergency clause. Effective date: upon passage.