BILL ANALYSIS S.B. 933 By: Shapiro Natural Resources 05-05-95 Committee Report (Amended) BACKGROUND The 72nd Legislature adopted a fee for the sale of lead-acid batteries which is deposited in the hazardous and solid waste remediation fee fund. Proceeds from this fee generate about half the fund's revenues, approximately $11 million annually. None of this money is used to promote battery recycling or to address the impact of lead-acid battery recycling other than remediation. PURPOSE As proposed, S.B. 933 authorizes the Texas Natural Resource Conservation Commission to use money collected and deposited to the credit of the hazardous and solid waste remediation fee fund for expenses to cover the costs of programs for remediation; to promote lead-acid battery recycling; and to mitigate the economic, infrastructure, and environmental impact of lead-acid battery recycling activities on local governments; and to encourage the adoption of innovative technology in lead-acid battery recycling. 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 361.133(c), Health and Safety Code, to authorize the Texas Natural Resource Conservation Commission (commission) to use money collected and deposited to the credit of the hazardous and solid waste remediation fee fund for certain reasons, including expenses, not to exceed 20 percent annually of the fees on batteries, including expenses for programs for remediation, to promote lead-acid battery recycling, and to mitigate the economic, infrastructure, and environmental impact of lead-acid battery recycling activities on local governments, provided that funds may be provided to pay for debt service only for the part of a multiple use capital project that is related to battery recycling during the time the project is used for battery recycling; and to encourage the adoption of innovative technology in lead-acid battery recycling. Redesignates existing Subdivision (5) as Subdivision (6). SECTION 2. Requires the commission, during each fiscal year of the biennium ending August 31, 1997, to allocate to battery-related programs at least 10 percent of the fees on batteries collected under Section 361.138, Health Code, and appropriated to the commission. SECTION 3. Emergency clause. Effective date: upon passage.