By Shapiro                                             S.B. No. 933
       74R5971 MI-D
                                 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)  expenses, not to exceed 20 percent annually of the
   2-11  fees on batteries collected under Section 361.138, related to
   2-12  lead-acid battery recycling activities, including expenses for
   2-13  programs:
   2-14                    (A)  for remediation;
   2-15                    (B)  to promote lead-acid battery recycling;
   2-16                    (C)  to mitigate the economic, infrastructure,
   2-17  and environmental impact of lead-acid battery recycling activities
   2-18  on local governments; and
   2-19                    (D)  to encourage the adoption of innovative
   2-20  technology in lead-acid battery recycling; and
   2-21              (6)  expenses concerning the cleanup or removal of a
   2-22  spill, release, or potential threat of release of a hazardous
   2-23  substance where immediate action is appropriate to protect human
   2-24  health and the environment.
   2-25        SECTION 2.  During each fiscal year of the biennium ending
   2-26  August 31, 1997, the Texas Natural Resource Conservation Commission
   2-27  shall allocate to battery-related programs authorized under Section
    3-1  361.133(c)(5), Health and Safety Code, as amended by this Act, at
    3-2  least 10 percent of the fees on batteries collected under Section
    3-3  361.138, Health and Safety Code, and appropriated to the
    3-4  commission.
    3-5        SECTION 3.  The importance of this legislation and the
    3-6  crowded condition of the calendars in both houses create an
    3-7  emergency and an imperative public necessity that the
    3-8  constitutional rule requiring bills to be read on three several
    3-9  days in each house be suspended, and this rule is hereby suspended,
   3-10  and that this Act take effect and be in force from and after its
   3-11  passage, and it is so enacted.