BILL ANALYSIS C.S.S.B. 1167 By: Shapiro Natural Resources 04-18-95 Committee Report (Substituted) 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 (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 revenue has decreased from 45.7 percent to 27.9 percent while the commission's share has increased. PURPOSE As proposed, C.S.S.B. 1167 provides that one-half of the amount of the solid waste fee revenue appropriated to the Texas Natural Resource Conservation Commission is dedicated to the 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, Chapter 361B, Health and Safety Code, as follows: Sec. 361.014. USE OF SOLID WASTE FEE REVENUE. (a) Provides that one-half, rather than at least half, of the amount appropriated to the Texas Natural Resource Conservation Commission (commission) is dedicated to the commission's municipal 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 appropriations is dedicated to the enhancement of the state's solid waste management program. (b) Provides that one-half of the amount appropriated to the commission is dedicated to local and regional solid waste projects consistent with regional plans approved by the commission and for updating and maintaining the plans. Requires the appropriations 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 which takes into account certain factors. Requires projects and services funded under this subsection to demonstrate that they promote cooperation between public and private entities and that the projects or services are not otherwise readily available and do not create a competitive advantage over private industry providing recycling or solid waste services. (c) Redesignates existing Subsection (b). SECTION 2. Emergency clause. Effective date: upon passage.