By: Shapiro S.B. No. 933
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the use of the hazardous and solid waste remediation
1-2 fee fund.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (c), Section 361.133, Health and
1-5 Safety Code, is amended to read as follows:
1-6 (c) The commission may use the money collected and deposited
1-7 to the credit of the fund under this section, including interest
1-8 credited under Subsection (b)(4), only for:
1-9 (1) necessary and appropriate removal and remedial
1-10 action at sites at which solid waste or hazardous substances have
1-11 been disposed if funds from a liable person, independent third
1-12 person, or the federal government are not sufficient for the
1-13 removal or remedial action;
1-14 (2) necessary and appropriate maintenance of removal
1-15 and remedial actions for the expected life of those actions if:
1-16 (A) funds from a liable person have been
1-17 collected and deposited to the credit of the fund for that purpose;
1-18 or
1-19 (B) funds from a liable person, independent
1-20 third person, or the federal government are not sufficient for the
1-21 maintenance;
1-22 (3) expenses concerning compliance with:
1-23 (A) the Comprehensive Environmental Response,
1-24 Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et
2-1 seq.) as amended;
2-2 (B) the federal Superfund Amendments and
2-3 Reauthorization Act of 1986 (10 U.S.C. Section 2701 et seq.); and
2-4 (C) Subchapters F and I;
2-5 (4) expenses concerning the regulation and management
2-6 of household hazardous substances and the prevention of pollution
2-7 of the water resources of the state from the uncontrolled release
2-8 of hazardous substances; <and>
2-9 (5) expenses, not to exceed 20 percent annually of the
2-10 fees on batteries collected under Section 361.138, related to
2-11 lead-acid battery recycling activities, including expenses for
2-12 programs:
2-13 (A) for remediation;
2-14 (B) to promote lead-acid battery recycling;
2-15 (C) to mitigate the economic, infrastructure,
2-16 and environmental impact of lead-acid battery recycling activities
2-17 on local governments, provided that funds may be provided to pay
2-18 for debt service only for the part of a multiple-use capital
2-19 project that is related to battery recycling during the time the
2-20 project is used for battery recycling; and
2-21 (D) to encourage the adoption of innovative
2-22 technology in lead-acid battery recycling; and
2-23 (6) expenses concerning the cleanup or removal of a
2-24 spill, release, or potential threat of release of a hazardous
2-25 substance where immediate action is appropriate to protect human
2-26 health and the environment.
2-27 SECTION 2. During each fiscal year of the biennium ending
3-1 August 31, 1997, the Texas Natural Resource Conservation Commission
3-2 shall allocate to battery-related programs authorized under
3-3 Subdivision (5), Subsection (c), Section 361.133, Health and Safety
3-4 Code, as amended by this Act, at least 10 percent of the fees on
3-5 batteries collected under Section 361.138, Health and Safety Code,
3-6 and appropriated to the commission.
3-7 SECTION 3. The importance of this legislation and the
3-8 crowded condition of the calendars in both houses create an
3-9 emergency and an imperative public necessity that the
3-10 constitutional rule requiring bills to be read on three several
3-11 days in each house be suspended, and this rule is hereby suspended,
3-12 and that this Act take effect and be in force from and after its
3-13 passage, and it is so enacted.