74R11681 E
By Howard, Saunders H.B. No. 3220
Substitute the following for H.B. No. 3220:
By Kuempel C.S.H.B. No. 3220
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the collection, management, and recycling of used oil
1-3 and used oil filters.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 371.001, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 371.001. Short Title. This chapter may be cited as the
1-8 Texas Used Oil Collection, Management, and Recycling Act.
1-9 SECTION 2. Section 371.002, Health and Safety Code, is
1-10 amended to read as follows:
1-11 Sec. 371.002. Findings. The legislature finds that:
1-12 (1) when properly managed and recycled, used oil is a
1-13 valuable energy resource<, the reuse of which may make a
1-14 significant contribution toward energy efficiency and
1-15 conservation>;
1-16 (2) used oil can be recycled into a number of
1-17 different products;
1-18 (3) improper disposal of used oil is a significant
1-19 environmental problem and a waste of a potentially valuable energy
1-20 resource;
1-21 (4) there is a need for an expanded statewide network
1-22 of used oil collection sites for private citizens who change their
1-23 own motor oil;
1-24 (5) the private sector, with incentives, is best
2-1 equipped to establish and operate used oil collection centers that
2-2 are convenient for the public;
2-3 (6) the need for publicly operated used oil collection
2-4 centers should diminish over time. The need for publicly operated
2-5 used oil collection centers is greatest in more sparsely populated
2-6 areas of the state;
2-7 (7) the United States Environmental Protection Agency
2-8 has issued final regulations that properly classify and regulate
2-9 used oil and used oil filters in accordance with the Resource
2-10 Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et
2-11 seq.);
2-12 (8) the current used oil and used oil filter program
2-13 in this state imposes more stringent management requirements than
2-14 the regulations of the United States Environmental Protection
2-15 Agency;
2-16 (9) limited public money is needed to finance public
2-17 and private infrastructure investments to collect, manage, and
2-18 recycle used motor oil; and
2-19 (10) the used oil management standards in 40 CFR Part
2-20 279 establish a balanced approach to the objectives of preserving a
2-21 valuable resource and protecting the natural environment <recycling
2-22 used oil to produce fuel requires significantly less energy than is
2-23 needed to refine crude oil into fuel;>
2-24 <(3) millions of gallons of used oil generated each
2-25 year by private citizens in the state are not available for
2-26 recycling because of improper disposal practices and the lack of
2-27 collection facilities;>
3-1 <(4) although there is a reliable system for the
3-2 collection and recycling of used oil generated by business and
3-3 industry, private citizens have only limited access to that system
3-4 and often dispose of their used oil on land or in landfills,
3-5 sewers, drainage systems, septic tanks, surface waters or
3-6 groundwaters, watercourses, or marine waters;>
3-7 <(5) improper disposal of this used oil is both a
3-8 significant environmental problem and a waste of a valuable energy
3-9 resource; and>
3-10 <(6) adequate public funds are required to provide for
3-11 the proper collection, management, and recycling of used oil>.
3-12 SECTION 3. Subchapter A, Chapter 371, Health and Safety
3-13 Code, is amended by adding Section 371.0025 to read as follows:
3-14 Sec. 371.0025. PURPOSE AND SCOPE. The purposes of this
3-15 chapter are to:
3-16 (1) ensure that this state's used oil program is
3-17 consistent with the federal program for the management of used oil
3-18 under 40 CFR Part 279 and of used oil filters under 40 CFR Section
3-19 261.4(b)(13); and
3-20 (2) establish a program to promote public and private
3-21 do-it-yourselfer used oil collection centers.
3-22 SECTION 4. Section 371.003, Health and Safety Code, is
3-23 amended to read as follows:
3-24 Sec. 371.003. Definitions. In this chapter:
3-25 (1) "Automotive oil" means any lubricating oils
3-26 intended for use in an internal combustion engine, crankcase,
3-27 transmission, gear box, or differential for an automobile, bus, or
4-1 truck. The term includes oil that is not labeled specifically for
4-2 that use but is suitable for that use according to generally
4-3 accepted industry specifications.
4-4 (2) "Commission" <"Board" means the Texas Natural
4-5 Resource Conservation Commission.>
4-6 <(3) "Department"> means the Texas Natural Resource
4-7 Conservation Commission.
4-8 (3) "Do-it-yourselfer used oil collection center"
4-9 means a site or facility that accepts or aggregates and stores used
4-10 oil collected only from household do-it-yourselfers. If the
4-11 registered do-it-yourselfer used oil collection center is also a
4-12 used oil generator as defined in this section, the center may
4-13 commingle household do-it-yourselfer used oil with its own
4-14 self-generated used oil.
4-15 (4) "Household do-it-yourselfer <"Do-it-yourself>
4-16 (DIY) used oil" means <used> oil that is derived from a household,
4-17 including used oil generated by an individual through the
4-18 maintenance of the individual's personal vehicle or equipment
4-19 <generated by a person who changes the person's own automotive
4-20 oil>.
4-21 (5) "Household do-it-yourselfer used oil generator"
4-22 means an individual who generates household do-it-yourselfer
4-23 <"Generator" means a person whose act or process produces> used
4-24 oil.
4-25 (6) "New tank" means a tank for the storage or
4-26 processing of used oil the construction of which begins on or after
4-27 September 1, 1995. <"Public used oil collection center" means:>
5-1 <(A) an automotive service facility that in the
5-2 course of business accepts for recycling small quantities of used
5-3 oil from private citizens;>
5-4 <(B) a facility that stores used oil in
5-5 aboveground tanks and in the course of business accepts for
5-6 recycling small quantities of used oil from private citizens; and>
5-7 <(C) a publicly sponsored collection facility
5-8 that is designated and authorized by the department to accept for
5-9 recycling small quantities of used oil from private citizens.>
5-10 (7) "Processing" means chemical or physical operations
5-11 designed to produce from used oil, or to make used oil more
5-12 amenable for production of, fuel oils, lubricants, or other
5-13 used-oil-derived products, including blending used oil with virgin
5-14 petroleum products, blending used oils to meet fuel specifications,
5-15 filtration, simple distillation, chemical or physical separation,
5-16 and rerefining.
5-17 (8) "Reclaiming" means processing material to recover
5-18 a usable product or regenerating material, including recovering
5-19 lead from a spent battery and regenerating spent solvents <using
5-20 methods, other than rerefining, to remove insoluble impurities from
5-21 used oil and making the used oil suitable for further use as a
5-22 lubricant or petroleum product. The term includes settling,
5-23 heating, dehydration, filtration, or centrifuging>.
5-24 (9) <(8)> "Recycling" means:
5-25 (A) preparing used oil for reuse as a petroleum
5-26 product by rerefining, reclaiming, or other means; <or>
5-27 (B) using used oil as a lubricant or petroleum
6-1 product instead of using a petroleum product made from new oil; or
6-2 (C) burning used oil for energy recovery.
6-3 (10) <(9)> "Rerefining" means applying <refining>
6-4 processes to material composed primarily of used oil to produce
6-5 high-quality base stocks for lubricants or other petroleum
6-6 products, including settling, filtering, catalytic conversion,
6-7 fractional/vacuum distillation, hydrotreating, or polishing.
6-8 (11) <(10)> "Used oil" means <any> oil that has been
6-9 refined from crude oil, or <a> synthetic oil, that as a result of
6-10 use has been contaminated by physical or chemical impurities<, as a
6-11 result of use, storage, or handling, has become unsuitable for its
6-12 original purpose because of impurities or the loss of original
6-13 properties, but that may be suitable for further use and is
6-14 recyclable>.
6-15 (12) "Used oil aggregation point" means a site or
6-16 facility that accepts, aggregates, or stores used oil collected
6-17 from:
6-18 (A) used oil generation sites owned or operated
6-19 by the owner or operator of the used oil aggregation point and
6-20 transported to the used oil aggregation point in shipments of not
6-21 more than 55 gallons; or
6-22 (B) household do-it-yourselfers.
6-23 (13) "Used oil burner" means a facility in which used
6-24 oil not meeting the specifications in 40 CFR Section 279.11 is
6-25 burned for energy recovery in a device listed in 40 CFR Section
6-26 279.61(a).
6-27 (14) "Used oil collection center" means a site or
7-1 facility that is registered by the commission to manage used oil
7-2 and accepts, aggregates, or stores used oil collected from:
7-3 (A) used oil generators regulated under 40 CFR
7-4 Part 279, Subpart C, who transport used oil to the used oil
7-5 collection center in shipments of not more than 55 gallons under 40
7-6 CFR Section 279.24; or
7-7 (B) household do-it-yourselfers.
7-8 (15) "Used oil fuel marketer" means a person who:
7-9 (A) directs a shipment of used oil not meeting
7-10 the specifications in 40 CFR Section 279.11 from the person's
7-11 facility to a used oil burner; or
7-12 (B) first claims that used oil to be burned for
7-13 energy recovery meets the used oil specifications in 40 CFR Section
7-14 279.11.
7-15 (16) "Used oil generator" means a person, by site,
7-16 whose act or process:
7-17 (A) produces used oil; or
7-18 (B) first causes used oil to become subject to
7-19 regulation.
7-20 (17) "Used oil processor or rerefiner" means a
7-21 facility that processes used oil.
7-22 (18) "Used oil transfer facility" means a
7-23 transportation-related facility, including a loading dock, parking
7-24 area, storage area, or other area, where shipments of used oil are
7-25 held for more than 24 hours and not more than 35 days during the
7-26 normal course of transportation or before an activity performed
7-27 under 40 CFR Section 279.20(b)(2) takes place.
8-1 (19) "Used oil transporter" means a person who:
8-2 (A) transports used oil; or
8-3 (B) owns or operates a used oil transfer
8-4 facility.
8-5 SECTION 5. Subchapter B, Chapter 371, Health and Safety
8-6 Code, is amended to read as follows:
8-7 SUBCHAPTER B. USED OIL RECYCLING PROGRAM
8-8 Sec. 371.021. Public Education. The commission <department>
8-9 shall conduct an education program to inform the public of the need
8-10 for and benefits of the collection and recycling of used oil and
8-11 used oil filters. The program shall:
8-12 (1) establish, maintain, and publicize a used oil
8-13 information center that prepares and disperses materials and
8-14 information explaining laws and rules regulating used oil and
8-15 informing the public of places and methods for proper recycling of
8-16 used oil;
8-17 (2) encourage the voluntary establishment of used oil
8-18 collection and recycling programs by private businesses and
8-19 organizations and by local governments and provide technical
8-20 assistance to persons who organize those programs; and
8-21 (3) encourage local governments to procure recycled
8-22 automotive and industrial oils and oils blended with recycled oils,
8-23 if those oils meet equipment manufacturer's specifications.
8-24 Sec. 371.022. Notice by Retail Dealer. A retail dealer who
8-25 annually sells directly to the public more than 500 gallons of oil
8-26 in containers for use off-premises shall post in a prominent place
8-27 a sign provided by the commission:
9-1 (1) <department> informing the public that improper
9-2 disposal of used oil is prohibited by law;
9-3 (2) containing instructions for disposal of used oil
9-4 filters; and
9-5 (3) <. The sign shall also> prominently displaying
9-6 <display> the toll-free telephone number of the state used oil
9-7 information center established under Section 371.021.
9-8 Sec. 371.023. GRANTS TO LOCAL GOVERNMENTS AND PRIVATE
9-9 ENTITIES. (a) The commission <department> shall develop a grant
9-10 program for local governments and private entities that encourages
9-11 the collection, reuse, and recycling of household do-it-yourselfer
9-12 (DIY) used oil.
9-13 (b) The commission may approve a <A> grant <may be made> for
9-14 any project <approved by the department. The department shall
9-15 consider for grant assistance any local government project> that
9-16 uses one or more of the following programs:
9-17 (1) curbside pickup of containers of household
9-18 do-it-yourselfer (DIY) used oil by a local government or its
9-19 representative;
9-20 (2) retrofitting of municipal solid waste equipment to
9-21 facilitate curbside pickup of household do-it-yourselfer (DIY) used
9-22 oil;
9-23 (3) establishment of do-it-yourselfer <publicly
9-24 operated DIY> used oil collection centers at locations accessible
9-25 to the public, including landfills, fire stations, retail stores,
9-26 quick lubrication centers, and automobile repair shops <or other
9-27 public places>;
10-1 (4) provision of containers and other materials and
10-2 supplies that can be used to store household do-it-yourselfer (DIY)
10-3 used oil for pickup or delivery to a do-it-yourselfer used oil
10-4 collection center in an environmentally sound manner; and
10-5 (5) any other activity the advisory committee
10-6 established under Subsection (e) <department> determines will
10-7 encourage the proper recycling of household do-it-yourselfer (DIY)
10-8 used oil.
10-9 (c) During the calendar year 1995, the commission, through
10-10 the Texas Department of Commerce, may extend grants to any entity
10-11 that participates in the processing or recycling of used oil
10-12 filters for the development or enhancement of structures for
10-13 recycling used oil filters. The aggregate grant amount shall not
10-14 exceed $500,000.
10-15 (d) A grant to a municipal do-it-yourselfer used oil
10-16 collection center or group of centers must be made directly to the
10-17 center or group of centers and may not be made to an entity that
10-18 redistributes money to do-it-yourselfer used oil collection centers
10-19 or another third party.
10-20 (e) The commission shall appoint an advisory committee for
10-21 the used oil grant program. The advisory committee consists of
10-22 nine members who serve at the pleasure of the commission and
10-23 represent oil manufacturers as defined by Section 371.062 and
10-24 filter manufacturers, used oil collection centers, and local
10-25 governments. The advisory committee shall recommend criteria for
10-26 grants and recommend grant recipients to the commission based on
10-27 the used oil collection needs of this state. The advisory
11-1 committee members serve without compensation and are not entitled
11-2 to reimbursement for expenses incurred in the performance of their
11-3 duties.
11-4 (f) The commission <board> by rule shall establish
11-5 procedures for the application for and criteria for the award of
11-6 grants under this section.
11-7 Sec. 371.024. Collection Facilities. (a) All appropriate
11-8 businesses <that change motor oil for the public> and <all
11-9 appropriate> government agencies are encouraged to serve as
11-10 do-it-yourselfer <public> used oil collection centers and used oil
11-11 collection centers.
11-12 (b) A do-it-yourselfer <public> used oil collection center
11-13 and a used oil collection center biannually <annually> shall:
11-14 (1) register with the commission <department>; and
11-15 (2) report to the commission <department> the amounts
11-16 of used oil collected by the center from the public.
11-17 (c) The commission <board> shall adopt rules governing the
11-18 registration of and reporting by do-it-yourselfer <public> used oil
11-19 collection centers and used oil collection centers.
11-20 (d) The commission <board> by rule shall adopt standards for
11-21 managing and operating a do-it-yourselfer <public> used oil
11-22 collection center or a used oil collection center.
11-23 (e) The commission <department> may impose a registration
11-24 fee in an amount sufficient to cover the actual cost of registering
11-25 do-it-yourselfer <public> used oil collection centers and used oil
11-26 collection centers. A private entity that serves voluntarily as a
11-27 do-it-yourselfer used oil collection center is exempt from the
12-1 registration fee.
12-2 Sec. 371.0245. Reimbursement of Used Oil Collection Center's
12-3 Hazardous Waste Expense <Center>. (a) The commission, on proper
12-4 application, shall reimburse the owner or operator of an eligible
12-5 registered do-it-yourselfer <public> used oil collection center or
12-6 a used oil collection center for costs associated with the
12-7 collection center's disposal of:
12-8 (1) household do-it-yourselfer <do-it-yourself> (DIY)
12-9 used oil collected by the collection center that, unknown to the
12-10 center at the time of collection, contains hazardous wastes or is
12-11 unfit for recycling;
12-12 (2) household do-it-yourselfer (DIY) used oil
12-13 collected by the collection center that has been commingled with
12-14 DIY oils described in Subdivision (1) and is unsuitable for
12-15 recycling; or
12-16 (3) contaminated used oil left at the collection
12-17 center as used oil after posted business hours and without the
12-18 knowledge of the collection center.
12-19 (b) A registered do-it-yourselfer <public> used oil
12-20 collection center is eligible for reimbursement if it demonstrates
12-21 to the satisfaction of the commission that:
12-22 (1) the center has established procedures to minimize
12-23 the risk that the center will mix the used oil the center generates
12-24 or collects from the public <will not be mixed> with hazardous
12-25 wastes, especially halogenated wastes;
12-26 (2) the center accepts not more than five gallons of
12-27 used oil from any person at any one time; and
13-1 (3) the center can document to the satisfaction of the
13-2 commission the volume of used oil the center collects from the
13-3 public during any <a> period under review by:
13-4 (A) providing a process by which all individuals
13-5 leaving household do-it-yourselfer <do-it-yourself> (DIY) used oil
13-6 at the center are required to provide <log> their names, addresses,
13-7 and the approximate amounts of used oil brought to the collection
13-8 center <and ensuring that all do-it-yourself (DIY) used oil
13-9 collected is kept in a separate sealed and labeled container placed
13-10 on an impermeable surface>; or
13-11 (B) another method approved by the commission.
13-12 (c) For the purpose of Subsection (b)(2), the owner or
13-13 operator of a registered do-it-yourselfer <public> used oil
13-14 collection center may presume that a quantity of not more than five
13-15 gallons of used oil collected from a member of the public is not
13-16 mixed with a hazardous substance<,> if the owner or operator acts
13-17 in good faith <and> in the belief the oil is generated from the
13-18 individual's personal activity.
13-19 (d) In any state fiscal year, a registered do-it-yourselfer
13-20 <public> used oil collection center may not be reimbursed for more
13-21 than $7,500 <$5,000> in total eligible disposal costs, subject to
13-22 Section 371.0246(d).
13-23 (e) Reimbursements <A reimbursement> made under this section
13-24 shall <may> be paid out of the used oil recycling fund and may not
13-25 <to> exceed an aggregate amount of $500,000 each fiscal year.
13-26 Sec. 371.0246. Procedures for Reimbursement. (a) An owner
13-27 or operator of a registered do-it-yourselfer <public> used oil
14-1 collection center may apply for reimbursement from the commission.
14-2 (b) An application for reimbursement shall be submitted
14-3 <filed> on a form approved or provided by the commission.
14-4 (c) An application must contain:
14-5 (1) the name, address, and telephone number of the
14-6 applicant;
14-7 (2) the name, mailing address, location address, and
14-8 commission registration number of the registered do-it-yourselfer
14-9 <public> used oil collection center from which the contaminated oil
14-10 was removed;
14-11 (3) the name, address, telephone number, and
14-12 commission registration number of the hazardous waste transporter
14-13 used to dispose of the contaminated used oil;
14-14 (4) a copy of any <the signed uniform hazardous waste>
14-15 manifest or shipping documents that accompanied the transportation
14-16 of the shipment of used oil;
14-17 (5) a copy of each invoice for which reimbursement is
14-18 requested and evidence that the amount shown on the invoice has
14-19 been paid in full<, which may be> in the form of:
14-20 (A) canceled checks;
14-21 (B) business receipts from the person who
14-22 performed the work; or
14-23 (C) other documentation approved by the
14-24 commission;
14-25 (6) a waste-characterization or similar documentation
14-26 required before acceptance of a hazardous waste by the disposal
14-27 facility that accepted the contaminated used oil for treatment or
15-1 disposal; and
15-2 (7) any other information that the executive director
15-3 may reasonably require.
15-4 (d) All claims for reimbursement filed under this section
15-5 and Section 371.0245 are subject to funds available for
15-6 disbursement <the availability of money> in the used oil recycling
15-7 fund and to Section 371.0245(e). This subchapter does not create
15-8 an entitlement to money in the used oil recycling fund or any other
15-9 fund.
15-10 Sec. 371.025. LIMITATION OF LIABILITY. (a) A person may
15-11 not recover from the owner, operator, or lessor of a registered
15-12 public used oil collection center any damages or costs of response
15-13 actions at another location resulting from a release or threatened
15-14 release of used oil collected at the center if:
15-15 (1) the owner, operator, or lessor of the collection
15-16 center does not mix the used oil collected with any hazardous waste
15-17 or polychlorinated biphenyls (PCBs);
15-18 (2) the owner, operator, or lessor of the collection
15-19 center does not accept used oil that the owner, operator, or lessor
15-20 knows contains hazardous waste or PCBs; and
15-21 (3) the collection center is in compliance with
15-22 management standards adopted by the department.
15-23 (b) For purposes of this section, the owner, operator, or
15-24 lessor of a public used oil collection center may presume that a
15-25 quantity of less than five gallons of used oil accepted at any one
15-26 time from any member of the public is not mixed with a hazardous
15-27 waste or PCBs, provided that the owner, operator, or lessor acts in
16-1 good faith.
16-2 (c) This section applies only to activities directly related
16-3 to the collection of used oil by a public used oil collection
16-4 center. This section does not apply to grossly negligent
16-5 activities related to the operation of a used oil collection
16-6 center.
16-7 (d) This section does not affect or modify the obligations
16-8 or liability of any person other than the owner, operator, or
16-9 lessor of the collection center under any other provisions of state
16-10 or federal law, including common law, for injury or damage
16-11 resulting from a release of used oil or hazardous substances.
16-12 (e) This section does not affect or modify the obligations
16-13 or liability of any owner, operator, or lessor of a collection
16-14 center with regard to services other than accepting used oil from
16-15 the public.
16-16 Sec. 371.026. Registration of <Persons Transporting,
16-17 Marketing, or Recycling> Used Oil Handlers Other Than Generators.
16-18 (a) <A person who transports over public highways of this state
16-19 more than 500 gallons of used oil annually, who markets more than
16-20 500 gallons of used oil annually, or who recycles more than 10,000
16-21 gallons of used oil annually shall register annually with the
16-22 department on forms prescribed by the department and in accordance
16-23 with board rules.>
16-24 <(b) The department shall develop a registration program for
16-25 transporters, marketers, and recyclers of used oil.>
16-26 <(c)> The commission <board> shall adopt rules governing
16-27 registration and reporting of used oil handlers other than
17-1 generators <transporters, marketers, and recyclers>. The rules
17-2 shall require that a used oil handler other than a generator
17-3 <transporter, marketer, or recycler>:
17-4 (1) register biannually <annually> with the commission
17-5 <department>;
17-6 (2) report biannually <annually> the sources of used
17-7 oil handled <transported, marketed, or recycled> during the
17-8 preceding year, the quantity of used oil received, the date of
17-9 receipt, and the destination or end use of the used oil;
17-10 (3) provide evidence of familiarity with applicable
17-11 state laws and rules and management procedures applicable to used
17-12 oil handling <transportation, marketing, or recycling>; and
17-13 (4) provide proof of liability insurance or other
17-14 evidence of financial responsibility for any liability that may be
17-15 incurred in handling <transporting, marketing, or recycling> used
17-16 oil.
17-17 (b) <(d)> The commission <board> by rule shall adopt
17-18 reasonable management and safety standards for the handling
17-19 <transportation, marketing, and recycling> of used oil.
17-20 (c) <(e)> The commission <department> may impose a
17-21 registration fee in an amount sufficient to cover the actual cost
17-22 of registering used oil handlers other than generators
17-23 <transporters, marketers, and recyclers>.
17-24 (d) A used oil transporter may consolidate or aggregate
17-25 loads of used oil for purposes of transportation but may not
17-26 process used oil, except that a used oil transporter may conduct
17-27 incidental processing operations, including settling and water
18-1 separation, that occur in the normal course of the transportation
18-2 of used oil but that are not designed to produce, or make more
18-3 amenable for the production of, used-oil-derived products or used
18-4 oil fuel. <(f) A utility or industrial generator of used oil that
18-5 transports its own used oil from one generator-owned or
18-6 generator-operated facility to another or that recycles its own
18-7 used oil for use in its operations is not required to register or
18-8 report under this section.>
18-9 Sec. 371.027. Gifts and Grants. The commission <department>
18-10 may apply for, request, solicit, contract for, receive, and accept
18-11 gifts, grants, donations, and other assistance from any source to
18-12 carry out its powers and duties under this chapter.
18-13 Sec. 371.028. Rules. (a) Not later than January 1, 1996,
18-14 the commission shall adopt rules, standards, and procedures
18-15 necessary to implement the used oil program established by this
18-16 chapter. The rules, standards, and procedures must be consistent
18-17 with the used oil management standards under 40 CFR Part 279.
18-18 (b) The classification of used oil filters is an exception
18-19 to Subsection (a). The commission shall adopt rules, standards,
18-20 and procedures consistent with the classification of used oil
18-21 filters under 40 CFR Section 261.4(b)(13) as of the promulgation of
18-22 this Act not later than January 1, 2000. <The board may adopt any
18-23 rules necessary to carry out the purposes of this chapter.>
18-24 SECTION 6. Section 371.041, Health and Safety Code, is
18-25 amended by amending Subsections (b)-(d) and adding Subsection (e)
18-26 to read as follows:
18-27 (b) A person commits an offense if the person:
19-1 (1) intentionally discharges used oil into a sewer,
19-2 drainage system, septic tank, surface water or groundwater,
19-3 watercourse, or marine water;
19-4 (2) knowingly mixes or commingles used oil with
19-5 <solid> waste that is to be disposed of in landfills or directly
19-6 disposes of used oil on land <or in landfills>;
19-7 (3) knowingly transports, treats, stores, disposes,
19-8 recycles, causes to be transported, or otherwise handles any
19-9 <intentionally mixes or commingles used oil with hazardous waste or
19-10 other hazardous substances or PCBs;>
19-11 <(4) transports, markets, or recycles> used oil within
19-12 the state without first complying with the registration
19-13 requirements of Section 371.026 and rules adopted under that
19-14 section;
19-15 (4) intentionally <(5)> applies used oil to roads or
19-16 land for dust suppression, weed abatement, or other similar uses
19-17 that introduce used oil into the environment; <or>
19-18 (5) <(6)> violates an order of the commission
19-19 <department> to cease and desist any activity prohibited by this
19-20 section or any rule applicable to a prohibited activity; or
19-21 (6) makes any false statement or representation in any
19-22 application, label, manifest, record, report, permit or other
19-23 document filed, maintained, or used for purposes of program
19-24 compliance.
19-25 (c) It is an exception to the application of Subsection (b)
19-26 if a person unknowingly disposes into the environment <a landfill>
19-27 any used oil that has not been properly segregated or separated by
20-1 the generator from other solid wastes.
20-2 (d) It is an exception to the application of Subsection
20-3 (b)(2) if the mixing or commingling of used oil with <solid> waste
20-4 that is to be disposed of in landfills is incident to and the
20-5 unavoidable result of the mechanical shredding of motor vehicles,
20-6 appliances, or other items of scrap, used, or obsolete metals.
20-7 (e) It is an exception to the application of Subsection
20-8 (b)(2) if the mixing or commingling of used oil with waste is the
20-9 result of an oil change that results in the generation of a used
20-10 oil filter under 40 CFR Section 261.4(b)(13).
20-11 SECTION 7. Section 371.042, Health and Safety Code, is
20-12 amended to read as follows:
20-13 Sec. 371.042. Criminal Penalties. (a) Except as provided
20-14 by Subsection (b), an offense under Section 371.041 is punishable
20-15 by:
20-16 (1) a fine of not less than $100 or more than $10,000
20-17 for each act of violation or each day of a continuing violation;
20-18 (2) imprisonment for a term not to exceed five years;
20-19 or
20-20 (3) both the fine and the imprisonment <a Class C
20-21 misdemeanor>.
20-22 (b) If it is shown on the trial of an offense under Section
20-23 371.041 that the defendant has previously been convicted of an
20-24 offense under Section 371.041, the offense is punishable by:
20-25 (1) a fine of not less than $200 or more than $20,000
20-26 for each act of violation or each day of a continuing violation;
20-27 (2) imprisonment for a term not to exceed 10 years; or
21-1 (3) both the fine and the imprisonment <a Class A
21-2 misdemeanor>.
21-3 SECTION 8. Sections 371.043(c) and (d), Health and Safety
21-4 Code, are amended to read as follows:
21-5 (c) The penalty imposed by this section does not apply to
21-6 failure to pay a fee under Section 371.062 or failure to file a
21-7 report under Section 371.024 <or 371.026>.
21-8 (d) The commission <department>, a local government in whose
21-9 jurisdiction the violation occurs, or the state may bring suit to
21-10 recover a penalty under this section.
21-11 SECTION 9. Sections 371.061(b)-(d), Health and Safety Code,
21-12 are amended to read as follows:
21-13 (b) The fund consists of:
21-14 (1) fees collected under Sections 371.024, 371.026,
21-15 and 371.062;
21-16 (2) interest and penalties imposed under this chapter
21-17 for late payment of fees, failure to file a report, or other
21-18 violations of this chapter; and
21-19 (3) gifts, grants, donations, or other financial
21-20 assistance the commission <department> is authorized to receive
21-21 under Section 371.027.
21-22 (c) Except as provided by Subsection (d), the commission
21-23 <department> may use money in the fund only for purposes authorized
21-24 by this chapter, including:
21-25 (1) public education;
21-26 (2) grants to public and private do-it-yourselfer used
21-27 oil collection centers;
22-1 (3) registration of do-it-yourselfer used oil
22-2 collection centers and<,> used oil handlers other than generators
22-3 <transporters, used oil marketers, and used oil recyclers>; and
22-4 (4) administrative costs of implementing this chapter,
22-5 not to exceed six percent of the fund balance in any fiscal year.
22-6 (d) The commission <department> shall set aside <transfer>
22-7 25 percent of the fees collected under Section 371.062 <to the
22-8 Texas Water Commission> for the sole purpose of restoring the
22-9 environmental quality of those sites in the state that the
22-10 commission has identified as having been contaminated through
22-11 improper used oil management and for which other funds from a
22-12 potentially responsible party or the federal government are not
22-13 sufficient. This subsection expires on January 1, 1998 <1997>.
22-14 SECTION 10. Section 371.062, Health and Safety Code, is
22-15 amended by amending Subsections (a), (b), (f), and (j) and adding
22-16 Subsections (m)-(p) to read as follows:
22-17 (a) In this section:
22-18 (1) "First sale" means the first actual sale of
22-19 automotive oil delivered to a location in this state and sold to a
22-20 purchaser who is not an automotive oil manufacturer. The term does
22-21 not include the sale of automotive oil exported from this state to
22-22 a location outside this state for the purpose of sale or use
22-23 outside this state. This term does not include sales of automotive
22-24 oils for resale to or use by vessels exclusively engaged in foreign
22-25 or interstate commerce. The term also does not include the sales
22-26 of automotive oil to any subsequent purchaser who maintains a
22-27 do-it-yourselfer used oil collection center registered by the
23-1 commission at the location where the automotive oil is changed,
23-2 used, consumed, or resold to do-it-yourselfers.
23-3 (2) "Importer" means any person who imports or causes
23-4 to be imported automotive oil into this state for sale, use, or
23-5 consumption.
23-6 (3) "Oil manufacturer" means any person or entity that
23-7 formulates automotive oil and packages, distributes, or sells that
23-8 automotive oil. The term includes any person packaging or
23-9 repackaging automotive oil.
23-10 (4) "Permitted distributor" means a distributor who
23-11 maintains a distribution center or warehouse in this state and
23-12 exports from this state to a location outside this state more than
23-13 25,000 gallons of automotive oil on an annual basis.
23-14 (A) A permitted distributor shall file an
23-15 application with the comptroller for a nonassignable permit
23-16 provided for in this section.
23-17 (B) The comptroller shall promulgate the
23-18 application form, which must contain the following information:
23-19 (i) the name under which the applicant
23-20 transacts or intends to transact business;
23-21 (ii) the location of distribution
23-22 center(s) or warehouse in Texas of the applicant;
23-23 (iii) if the applicant is not an
23-24 individual, the names of the principal officers of an applicant
23-25 corporation, or the names of the members of an applicant
23-26 partnership, and the office, street, or post office address of
23-27 each; and
24-1 (iv) other information required by the
24-2 comptroller.
24-3 (C) The comptroller may deny or revoke a permit
24-4 if false information is submitted on the application or on a
24-5 required fuels tax report or supplement.
24-6 (b) An oil manufacturer or permitted distributor who makes a
24-7 first sale of automotive oil is liable for a fee.
24-8 (f) Each oil manufacturer, permitted distributor, or
24-9 importer required to pay a fee under this section shall:
24-10 (1) prepare and maintain, on a form provided or
24-11 approved by the comptroller, a report of each first sale or, in the
24-12 case of an importer, the first receipt in Texas of automotive oil
24-13 by the person and the price received;
24-14 (2) retain the invoice or a copy of the invoice or
24-15 other appropriate record of the sale or receipt for four years from
24-16 the date of sale or receipt; and
24-17 (3) on or before the 25th day of the month following
24-18 the end of each calendar quarter, file a report with the
24-19 comptroller and remit to the comptroller the amount of fees
24-20 required to be paid for the preceding quarter.
24-21 (j) The fee imposed under this section is one cent <two
24-22 cents> per quart or four <eight> cents per gallon of automotive
24-23 oil. <The department shall monitor the unobligated balance of the
24-24 used oil recycling fund and shall adjust the fee rate to meet
24-25 expenditure requirements of the used oil recycling program and to
24-26 maintain an appropriate fund balance. The fee imposed under this
24-27 section may not exceed five cents per quart or 20 cents per gallon
25-1 of automotive oil. On or before September 1 of each year, the
25-2 department and the comptroller jointly shall issue notice of the
25-3 effective fee rate for the next fiscal year.>
25-4 (m) A distributor must obtain a permit from the comptroller.
25-5 The comptroller shall adopt an application form for the permit,
25-6 which must include:
25-7 (1) the name under which the applicant transacts or
25-8 intends to transact business;
25-9 (2) the location of the applicant's distribution
25-10 center or warehouse in this state;
25-11 (3) if the applicant is a corporation or partnership,
25-12 the names of the principal officers of the corporation or of the
25-13 members of the partnership and the address of each officer or
25-14 member; and
25-15 (4) any other information required by the comptroller.
25-16 (n) The comptroller may deny or revoke a permit under
25-17 Subsection (m) if false information is submitted on the application
25-18 or on a required fuels tax report or supplement.
25-19 (o) A permit under Subsection (m) may not be assigned.
25-20 (p) The fee imposed under this section expires January 1,
25-21 2000.
25-22 SECTION 11. (a) The change in law made by this Act to
25-23 Section 371.042, Health and Safety Code, applies only to an offense
25-24 committed on or after the effective date of this Act. For purposes
25-25 of this section, an offense is committed before the effective date
25-26 of this Act if any element of the offense occurs before that date.
25-27 (b) An offense committed before the effective date of this
26-1 Act is covered by the law in effect when the offense was committed,
26-2 and the former law is continued in effect for that purpose.
26-3 SECTION 12. (a) Except as provided by Subsection (b) of
26-4 this section, this Act takes effect September 1, 1995.
26-5 (b) Section 371.062(j), Health and Safety Code, as amended
26-6 by this Act, takes effect January 1, 1996.
26-7 SECTION 13. The importance of this legislation and the
26-8 crowded condition of the calendars in both houses create an
26-9 emergency and an imperative public necessity that the
26-10 constitutional rule requiring bills to be read on three several
26-11 days in each house be suspended, and this rule is hereby suspended.