By Madla S.B. No. 427
74R3481 MI-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to shredding requirements for reimbursement under the
1-3 waste tire recycling program.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 361.477(c), Health and Safety Code, is
1-6 amended to read as follows:
1-7 (c) A waste tire processor that desires to receive payment
1-8 under this section for tires shredded by the processor during a
1-9 calendar month must:
1-10 (1) apply to the commission for registration in
1-11 accordance with forms prescribed by the commission;
1-12 (2) apply to the commission for payment on forms
1-13 prescribed by the commission or, on a voluntary basis, apply by a
1-14 removable storage medium stored in an industry standard file format
1-15 acceptable to the commission;
1-16 (3) demonstrate as required by rules adopted under
1-17 this section that:
1-18 (A) all tires for which payment is sought have
1-19 been shredded to a particle size not smaller than two square inches
1-20 or larger than four <nine> square inches;
1-21 (B) not less than 25 percent of those tires were
1-22 collected from generators; and
1-23 (C) if the total number of used or scrap tires
1-24 or tire pieces contained in illegal waste tire sites that are
2-1 identified on the priority enforcement list exceeds 500,000 tires
2-2 for more than 30 consecutive days, not less than 15 percent and not
2-3 more than 30 percent of those tires were collected from scrap tire
2-4 sites listed on the priority enforcement list;
2-5 (4) provide any other information the commission
2-6 determines is needed to accomplish the purposes of this subchapter,
2-7 including a monthly report of scrap tires or tire pieces shredded,
2-8 subtotaled by tire count or weight, for each generator number and
2-9 priority enforcement list number;
2-10 (5) demonstrate that energy recovery activities in the
2-11 state are in compliance with applicable air emission control rules
2-12 and standards as adopted by the commission <Texas Air Control
2-13 Board>; and
2-14 (6) provide financial assurance deemed adequate by the
2-15 commission that corresponds to:
2-16 (A) the payment appropriate for the number of
2-17 scrap tires the processor anticipates shredding in the next
2-18 calendar month; or
2-19 (B) the number of scrap tires the waste tire
2-20 storage site owner or operator anticipates accepting for storage in
2-21 the next calendar month.
2-22 SECTION 2. This Act takes effect September 1, 1995, and
2-23 applies only to an application for reimbursement under the waste
2-24 tire recycling program that is filed with the Texas Natural
2-25 Resource Conservation Commission on or after that date.
2-26 SECTION 3. The importance of this legislation and the
2-27 crowded condition of the calendars in both houses create an
3-1 emergency and an imperative public necessity that the
3-2 constitutional rule requiring bills to be read on three several
3-3 days in each house be suspended, and this rule is hereby suspended.