74R9071 MI-F
          By Gallego                                            H.B. No. 3072
          Substitute the following for H.B. No. 3072:
          By Kuempel                                        C.S.H.B. No. 3072
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the use of solid waste fee revenues.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 361.014, Health and Safety Code, is
    1-5  amended to read as follows:
    1-6        Sec. 361.014.  Use of Solid Waste Fee Revenue.  (a)  Revenue
    1-7  received by the commission under Section 361.013 shall be deposited
    1-8  in the state treasury to the credit of the commission.  Half of <At
    1-9  least half> the revenue is dedicated to the commission's municipal
   1-10  solid waste permitting and enforcement programs and related support
   1-11  activities<,> and <the balance of the revenue is dedicated> to pay
   1-12  for activities that will enhance the state's solid waste management
   1-13  program, including:
   1-14              (1)  provision of funds for the municipal solid waste
   1-15  management planning fund and the municipal solid waste resource
   1-16  recovery applied research and technical assistance fund established
   1-17  by the Comprehensive Municipal Solid Waste Management, Resource
   1-18  Recovery, and Conservation Act (Chapter 363);
   1-19              (2)  conduct of demonstration projects and studies to
   1-20  help local governments of various populations and the private
   1-21  sector to convert to accounting systems and set rates that reflect
   1-22  the full costs of providing waste management services and are
   1-23  proportionate to the amount of waste generated;
    2-1              (3)  provision of technical assistance to local
    2-2  governments concerning solid waste management;
    2-3              (4)  establishment of a solid waste resource center in
    2-4  the department and an office of waste minimization and recycling;
    2-5              (5)  provision of supplemental funding to local
    2-6  governments for the enforcement of this chapter, the Texas Litter
    2-7  Abatement Act (Chapter 365), and Chapter 741, Acts of the 67th
    2-8  Legislature, Regular Session, 1981 (Article 4477-9a, Vernon's Texas
    2-9  Civil Statutes);
   2-10              (6)  conduct of a statewide public awareness program
   2-11  concerning solid waste management;
   2-12              (7)  provision of supplemental funds for other state
   2-13  agencies with responsibilities concerning solid waste management,
   2-14  recycling, and other initiatives with the purpose of diverting
   2-15  recyclable waste from landfills;
   2-16              (8)  conduct of research to promote the development and
   2-17  stimulation of markets for recycled waste products;
   2-18              (9)  creation of a state municipal solid waste
   2-19  superfund for:
   2-20                    (A)  the cleanup of unauthorized tire dumps and
   2-21  solid waste dumps for which a responsible party cannot be located
   2-22  or is not immediately financially able to provide the cleanup; and
   2-23                    (B)  the cleanup or proper closure of abandoned
   2-24  or contaminated municipal solid waste sites for which a responsible
   2-25  party is not immediately financially able to provide the cleanup;
    3-1              (10)  provision of funds to mitigate the economic and
    3-2  environmental impacts of lead-acid battery recycling activities on
    3-3  local governments;
    3-4              (11)  provision of funds for the conduct of research by
    3-5  a public or private entity to assist the state in developing new
    3-6  technologies and methods to reduce the amount of municipal waste
    3-7  disposed of in landfills; and
    3-8              (12)  provision of funds for other programs that the
    3-9  commission may consider appropriate to further the purposes of this
   3-10  chapter.
   3-11        (b)  Half of the revenue is dedicated to local and regional
   3-12  solid waste projects consistent with regional plans approved by the
   3-13  commission in accordance with this chapter and to update and
   3-14  maintain those plans.  Those revenues shall be allocated to
   3-15  municipal solid waste geographic planning regions for use by local
   3-16  governments and regional planning commissions according to a
   3-17  formula established by the commission that takes into account
   3-18  population, area, solid waste fee generation, and public health
   3-19  needs.
   3-20        (c)  Revenue derived from fees charged under Section
   3-21  361.013(c) to a transporter of whole used or scrap tires or
   3-22  shredded tire pieces shall be deposited to the credit of the waste
   3-23  tire recycling fund.
   3-24        SECTION 2.  The importance of this legislation and the
   3-25  crowded condition of the calendars in both houses create an
    4-1  emergency and an imperative public necessity that the
    4-2  constitutional rule requiring bills to be read on three several
    4-3  days in each house be suspended, and this rule is hereby suspended,
    4-4  and that this Act take effect and be in force from and after its
    4-5  passage, and it is so enacted.