By Gallego H.B. No. 3072
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to use of solid waste fee revenue for local and regional
1-3 activities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 361 Health and Safety Code,
1-6 Section 361.014 is amended to read as follows:
1-7 Sec. 361.014. Use of Solid Waste Fee Revenue. (a) Revenue
1-8 received by the commission under Section 361.013 shall be deposited
1-9 in the state treasury to the credit of the commission. One- <At
1-10 least> half the revenue is dedicated to the commission's municipal
1-11 solid waste permitting and enforcement programs and related support
1-12 activities, and <the balance of the revenue is dedicated> to pay
1-13 for activities that will enhance the state's solid waste management
1-14 program, including:
1-15 (1) provision of funds for the municipal solid waste
1-16 management planning fund and the municipal solid waste resource
1-17 recovery applied research and technical assistance fund established
1-18 by the Comprehensive Municipal Solid Waste Management, Resource
1-19 Recovery, and Conservation Act (Chapter 363);
1-20 (2) conduct of demonstration projects and studies to
1-21 help local governments of various populations and the private
1-22 sector to convert to accounting systems and set rates that reflect
1-23 the full costs of providing waste management services and are
2-1 proportionate to the amount of waste generated;
2-2 (3) provision of technical assistance to local
2-3 governments concerning solid waste management;
2-4 (4) establishment of a solid waste resource center in
2-5 the department and an office of waste minimization and recycling;
2-6 (5) provision of supplemental funding to local
2-7 governments for the enforcement of this chapter, the Texas Litter
2-8 Abatement Act (Chapter 365), and Chapter 741, Acts of the 67th
2-9 Legislature, Regular Session, 1981 (Article 4477-9a, Vernon's Texas
2-10 Civil Statutes);
2-11 (6) conduct of a statewide public awareness program
2-12 concerning solid waste management;
2-13 (7) provision of supplemental funds for other state
2-14 agencies with responsibilities concerning solid waste management,
2-15 recycling, and other initiatives with the purpose of diverting
2-16 recyclable waste from landfills;
2-17 (8) conduct of research to promote the development and
2-18 stimulation of markets for recycled waste products;
2-19 (9) creation of a state municipal solid waste
2-20 superfund for:
2-21 (A) the cleanup of unauthorized tire dumps and
2-22 solid waste dumps for which a responsible party cannot be located
2-23 or is not immediately financially able to provide the cleanup; and
2-24 (B) the cleanup or proper closure of abandoned
2-25 or contaminated municipal solid waste sites for which a responsible
3-1 part is not immediately financially able to provide the cleanup;
3-2 (10) provision of funds to mitigate the economic and
3-3 environmental impacts of lead-acid battery recycling activities on
3-4 local governments;
3-5 (11) provision of funds for the conduct of research by
3-6 a public or private entity to assist the state in developing new
3-7 technologies and methods to reduce the amount of municipal waste
3-8 disposed of in landfills; and
3-9 (12) provision of funds for other programs that the
3-10 commission may consider appropriate to further the purposes of this
3-11 chapter.
3-12 (b) One-half the revenue is dedicated to local and regional
3-13 solid waste projects consistent with regional plans approved by the
3-14 commission in accordance with this chapter and for updating and
3-15 maintaining such plans. These revenues shall be allocated to
3-16 municipal solid waste geographic planning regions for use by local
3-17 governments and regional planning commissions according to a
3-18 formula established by the commission which takes into account
3-19 population, area, solid waste fee generation, and public health
3-20 needs.
3-21 (c) <(b)> Revenue derived from fees charged under Section
3-22 361.013(c) to a transporter of whole used or scrap tires or
3-23 shredded tire pieces shall be deposited to the credit of the waste
3-24 tire recycling fund.
3-25 SECTION 2. The importance of this legislation and the
4-1 crowded condition of the calendars in both houses create an
4-2 emergency and an imperative public necessity that the
4-3 constitutional rule requiring bills to be read on three several
4-4 days in each house be suspended, and this rule is hereby suspended,
4-5 and that this Act take effect and be in force from and after its
4-6 passage, and it is so enacted.