1-1 By: Shapiro S.B. No. 933
1-2 (In the Senate - Filed March 6, 1995; March 7, 1995, read
1-3 first time and referred to Committee on Natural Resources;
1-4 May 5, 1995, reported favorably, as amended, by the following vote:
1-5 Yeas 8, Nays 2; May 5, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Ratliff
1-7 Amend S.B. No. 933 as follows:
1-8 In SECTION 1 of the bill, amend Section 361.133(c)(5)(C), by
1-9 inserting ", provided that funds may be provided to pay for debt
1-10 service only for the part of a multiple-use capital project that is
1-11 related to battery recycling during the time the project is used
1-12 for battery recycling" after "local governments" and before ";"
1-13 (introduced version, page 2, line 18; committee printing page 1,
1-14 line 57).
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to the use of the hazardous and solid waste remediation
1-18 fee fund.
1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-20 SECTION 1. Subsection (c), Section 361.133, Health and
1-21 Safety Code, is amended to read as follows:
1-22 (c) The commission may use the money collected and deposited
1-23 to the credit of the fund under this section, including interest
1-24 credited under Subsection (b)(4), only for:
1-25 (1) necessary and appropriate removal and remedial
1-26 action at sites at which solid waste or hazardous substances have
1-27 been disposed if funds from a liable person, independent third
1-28 person, or the federal government are not sufficient for the
1-29 removal or remedial action;
1-30 (2) necessary and appropriate maintenance of removal
1-31 and remedial actions for the expected life of those actions if:
1-32 (A) funds from a liable person have been
1-33 collected and deposited to the credit of the fund for that purpose;
1-34 or
1-35 (B) funds from a liable person, independent
1-36 third person, or the federal government are not sufficient for the
1-37 maintenance;
1-38 (3) expenses concerning compliance with:
1-39 (A) the Comprehensive Environmental Response,
1-40 Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et
1-41 seq.) as amended;
1-42 (B) the federal Superfund Amendments and
1-43 Reauthorization Act of 1986 (10 U.S.C. Section 2701 et seq.); and
1-44 (C) Subchapters F and I;
1-45 (4) expenses concerning the regulation and management
1-46 of household hazardous substances and the prevention of pollution
1-47 of the water resources of the state from the uncontrolled release
1-48 of hazardous substances; <and>
1-49 (5) expenses, not to exceed 20 percent annually of the
1-50 fees on batteries collected under Section 361.138, related to
1-51 lead-acid battery recycling activities, including expenses for
1-52 programs:
1-53 (A) for remediation;
1-54 (B) to promote lead-acid battery recycling;
1-55 (C) to mitigate the economic, infrastructure,
1-56 and environmental impact of lead-acid battery recycling activities
1-57 on local governments; and
1-58 (D) to encourage the adoption of innovative
1-59 technology in lead-acid battery recycling; and
1-60 (6) expenses concerning the cleanup or removal of a
1-61 spill, release, or potential threat of release of a hazardous
1-62 substance where immediate action is appropriate to protect human
1-63 health and the environment.
1-64 SECTION 2. During each fiscal year of the biennium ending
1-65 August 31, 1997, the Texas Natural Resource Conservation Commission
1-66 shall allocate to battery-related programs authorized under
1-67 Subdivision (5), Subsection (c), Section 361.133, Health and Safety
1-68 Code, as amended by this Act, at least 10 percent of the fees on
2-1 batteries collected under Section 361.138, Health and Safety Code,
2-2 and appropriated to the commission.
2-3 SECTION 3. The importance of this legislation and the
2-4 crowded condition of the calendars in both houses create an
2-5 emergency and an imperative public necessity that the
2-6 constitutional rule requiring bills to be read on three several
2-7 days in each house be suspended, and this rule is hereby suspended,
2-8 and that this Act take effect and be in force from and after its
2-9 passage, and it is so enacted.
2-10 * * * * *