By Conley H.B. No. 1609
74R6525 MI-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the waste tire recycling program.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 361.475(d), Health and Safety Code, is
1-5 amended to read as follows:
1-6 (d) The fund may be used only to pay:
1-7 (1) waste tire processors that meet the requirements
1-8 for payment under Section 361.477 and rules adopted under that
1-9 section;
1-10 (2) the commission's reasonable and necessary
1-11 administrative costs of performing its duties under this subchapter
1-12 in an amount not to exceed six percent of the money annually
1-13 accruing to the fund; <and>
1-14 (3) the comptroller's reasonable and necessary
1-15 administrative costs of performing the comptroller's duties under
1-16 this subchapter in an amount not to exceed two percent of the money
1-17 annually accruing to the fund; and
1-18 (4) costs of the commission's program to develop
1-19 markets for recycled shredded scrap tires.
1-20 SECTION 2. Sections 361.477(c) and (h), Health and Safety
1-21 Code, are amended to read as follows:
1-22 (c) A waste tire processor that desires to receive payment
1-23 under this section for tires shredded by the processor during a
1-24 calendar month must:
2-1 (1) apply to the commission for registration in
2-2 accordance with forms prescribed by the commission;
2-3 (2) apply to the commission for payment on forms
2-4 prescribed by the commission or, on a voluntary basis, apply by a
2-5 removable storage medium stored in an industry standard file format
2-6 acceptable to the commission;
2-7 (3) demonstrate as required by rules adopted under
2-8 this section that:
2-9 (A) all tires for which payment is sought have
2-10 been shredded to a particle size not larger than four <nine> square
2-11 inches;
2-12 (B) not less than 25 percent of those tires were
2-13 collected from generators; and
2-14 (C) if the total number of used or scrap tires
2-15 or tire pieces contained in illegal waste tire sites that are
2-16 identified on the priority enforcement list exceeds 500,000 tires
2-17 for more than 30 consecutive days, not less than 15 percent and not
2-18 more than 30 percent of those tires were collected from scrap tire
2-19 sites listed on the priority enforcement list;
2-20 (4) provide any other information the commission
2-21 determines is needed to accomplish the purposes of this subchapter,
2-22 including a monthly report of scrap tires or tire pieces shredded,
2-23 subtotaled by tire count or weight, for each generator number and
2-24 priority enforcement list number;
2-25 (5) demonstrate that energy recovery activities in the
2-26 state are in compliance with applicable air emission control rules
2-27 and standards as adopted by the Texas Air Control Board; and
3-1 (6) provide financial assurance deemed adequate by the
3-2 commission that corresponds to:
3-3 (A) the payment appropriate for the number of
3-4 scrap tires the processor anticipates shredding in the next
3-5 calendar month; or
3-6 (B) the number of scrap tires the waste tire
3-7 storage site owner or operator anticipates accepting for storage in
3-8 the next calendar month.
3-9 (h) The commission may not pay a waste tire processor for
3-10 processing scrap tires:
3-11 (1) if the commission has not verified all information
3-12 submitted to the commission by the waste tire processor as required
3-13 by Subsection (c) or rules adopted under this section; or
3-14 (2) if the commission determines that the processor:
3-15 (A) <(1)> has not provided adequate financial
3-16 assurance;
3-17 (B) <(2)> does not have adequate fire
3-18 protection; or
3-19 (C) <(3)> is causing an imminent danger to
3-20 public health or welfare.
3-21 SECTION 3. Section 361.482, Health and Safety Code, is
3-22 amended to read as follows:
3-23 Sec. 361.482. Prohibition on Disposal of <Shredded> Tires in
3-24 Landfill. A person <waste tire processor> may not dispose of
3-25 tires, scrap tires, or shredded scrap tires in a landfill <if the
3-26 processor has received payment under Section 361.477 for shredding
3-27 the tires>.
4-1 SECTION 4. Section 361.486(a), Health and Safety Code, is
4-2 amended to read as follows:
4-3 (a) On and after January 1, 1996, for all new, amended, and
4-4 renewal processing registration applications, the processor must
4-5 identify those persons who will accept the processor's shredded
4-6 scrap tire pieces for recycling or reuse or to use the shredded
4-7 scrap tires for energy recovery. The commission may <shall>
4-8 reimburse a processor for only those shredded tires that the
4-9 commission determines have been delivered <are committed> to a
4-10 legitimate end user. The commission may prescribe the manner of
4-11 verifying delivery.
4-12 SECTION 5. Subchapter P, Chapter 361, Health and Safety
4-13 Code, is amended by adding Section 361.4865 to read as follows:
4-14 Sec. 361.4865. DEVELOPMENT OF RECYCLING MARKETS. The
4-15 commission shall establish a program to develop markets for
4-16 recycled shredded scrap tires.
4-17 SECTION 6. The Texas Department of Transportation shall
4-18 conduct a study and shall report to the 75th Legislature not later
4-19 than January 15, 1997, on the use of rubber-modified asphalt for
4-20 paving.
4-21 SECTION 7. Sections 361.477(g) and 361.487(c), Health and
4-22 Safety Code, are repealed.
4-23 SECTION 8. (a) This Act takes effect September 1, 1995.
4-24 (b) The change in law made by Section 361.477, Health and
4-25 Safety Code, as amended by this Act, applies only to an application
4-26 for reimbursement under Subchapter P, Chapter 361, Health and
4-27 Safety Code, that is filed with the Texas Natural Resource
5-1 Conservation Commission on or after September 1, 1995.
5-2 SECTION 9. The importance of this legislation and the
5-3 crowded condition of the calendars in both houses create an
5-4 emergency and an imperative public necessity that the
5-5 constitutional rule requiring bills to be read on three several
5-6 days in each house be suspended, and this rule is hereby suspended.