74R13618 MI-F
By Shapiro S.B. No. 933
Substitute the following for S.B. No. 933:
By Howard C.S.S.B. No. 933
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the use of the hazardous and solid waste remediation
1-3 fee fund.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 361.133(c), Health and Safety Code, is
1-6 amended to read as follows:
1-7 (c) The commission may use the money collected and deposited
1-8 to the credit of the fund under this section, including interest
1-9 credited under Subsection (b)(4), only for:
1-10 (1) necessary and appropriate removal and remedial
1-11 action at sites at which solid waste or hazardous substances have
1-12 been disposed if funds from a liable person, independent third
1-13 person, or the federal government are not sufficient for the
1-14 removal or remedial action;
1-15 (2) necessary and appropriate maintenance of removal
1-16 and remedial actions for the expected life of those actions if:
1-17 (A) funds from a liable person have been
1-18 collected and deposited to the credit of the fund for that purpose;
1-19 or
1-20 (B) funds from a liable person, independent
1-21 third person, or the federal government are not sufficient for the
1-22 maintenance;
1-23 (3) expenses concerning compliance with:
1-24 (A) the Comprehensive Environmental Response,
2-1 Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et
2-2 seq.) as amended;
2-3 (B) the federal Superfund Amendments and
2-4 Reauthorization Act of 1986 (10 U.S.C. Section 2701 et seq.); and
2-5 (C) Subchapters F and I;
2-6 (4) expenses concerning the regulation and management
2-7 of household hazardous substances and the prevention of pollution
2-8 of the water resources of the state from the uncontrolled release
2-9 of hazardous substances; <and>
2-10 (5) the purposes described by Section 361.457, as
2-11 allocated under Section 361.138(l); and
2-12 (6) expenses concerning the cleanup or removal of a
2-13 spill, release, or potential threat of release of a hazardous
2-14 substance where immediate action is appropriate to protect human
2-15 health and the environment.
2-16 SECTION 2. Section 361.138, Health and Safety Code, is
2-17 amended by adding Subsection (l) to read as follows:
2-18 (l) Ten cents of each fee collected under Subsection (b)
2-19 shall be used for the purposes described by Section 361.457.
2-20 SECTION 3. Subchapter O, Chapter 361, Health and Safety
2-21 Code, is amended by adding Section 361.457 to read as follows:
2-22 Sec. 361.457. LEAD-ACID BATTERY RECYCLING FEES. Fees
2-23 allocated under Section 361.138(l) for the purposes of this section
2-24 may be used by the commission:
2-25 (1) to address the public health impact of lead-acid
2-26 battery recycling;
2-27 (2) to mitigate the economic, infrastructure, and
3-1 environmental impact of lead-acid battery recycling on local
3-2 governments, provided that any money used for a multiple-use
3-3 capital project may be used only for the part of the project that
3-4 is related to lead-acid battery recycling during the time the
3-5 project is used for lead-acid battery recycling; or
3-6 (3) to encourage the adoption of innovative technology
3-7 in lead-acid battery recycling.
3-8 SECTION 4. The importance of this legislation and the
3-9 crowded condition of the calendars in both houses create an
3-10 emergency and an imperative public necessity that the
3-11 constitutional rule requiring bills to be read on three several
3-12 days in each house be suspended, and this rule is hereby suspended,
3-13 and that this Act take effect and be in force from and after its
3-14 passage, and it is so enacted.