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.