1-1 By: Shapiro S.B. No. 1167
1-2 (In the Senate - Filed March 9, 1995; March 15, 1995, read
1-3 first time and referred to Committee on Natural Resources;
1-4 April 19, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 8, Nays 2; April 19, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1167 By: Brown
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to use of solid waste fee revenue for local and regional
1-11 activities.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 361.014, Health and Safety Code, is
1-14 amended to read as follows:
1-15 Sec. 361.014. Use of Solid Waste Fee Revenue. (a) Revenue
1-16 received by the commission under Section 361.013 shall be deposited
1-17 in the state treasury to the credit of the commission. One-half
1-18 <At least half> the amount appropriated to the commission <revenue>
1-19 is dedicated to the commission's municipal solid waste permitting
1-20 and enforcement programs and related support activities<,> and <the
1-21 balance of the revenue is dedicated> to pay for activities that
1-22 will enhance the state's solid waste management program, including:
1-23 (1) provision of funds for the municipal solid waste
1-24 management planning fund and the municipal solid waste resource
1-25 recovery applied research and technical assistance fund established
1-26 by the Comprehensive Municipal Solid Waste Management, Resource
1-27 Recovery, and Conservation Act (Chapter 363);
1-28 (2) conduct of demonstration projects and studies to
1-29 help local governments of various populations and the private
1-30 sector to convert to accounting systems and set rates that reflect
1-31 the full costs of providing waste management services and are
1-32 proportionate to the amount of waste generated;
1-33 (3) provision of technical assistance to local
1-34 governments concerning solid waste management;
1-35 (4) establishment of a solid waste resource center in
1-36 the department and an office of waste minimization and recycling;
1-37 (5) provision of supplemental funding to local
1-38 governments for the enforcement of this chapter, the Texas Litter
1-39 Abatement Act (Chapter 365), and Chapter 741, Acts of the 67th
1-40 Legislature, Regular Session, 1981 (Article 4477-9a, Vernon's Texas
1-41 Civil Statutes);
1-42 (6) conduct of a statewide public awareness program
1-43 concerning solid waste management;
1-44 (7) provision of supplemental funds for other state
1-45 agencies with responsibilities concerning solid waste management,
1-46 recycling, and other initiatives with the purpose of diverting
1-47 recyclable waste from landfills;
1-48 (8) conduct of research to promote the development and
1-49 stimulation of markets for recycled waste products;
1-50 (9) creation of a state municipal solid waste
1-51 superfund for:
1-52 (A) the cleanup of unauthorized tire dumps and
1-53 solid waste dumps for which a responsible party cannot be located
1-54 or is not immediately financially able to provide the cleanup; and
1-55 (B) the cleanup or proper closure of abandoned
1-56 or contaminated municipal solid waste sites for which a responsible
1-57 party is not immediately financially able to provide the cleanup;
1-58 (10) provision of funds to mitigate the economic and
1-59 environmental impacts of lead-acid battery recycling activities on
1-60 local governments;
1-61 (11) provision of funds for the conduct of research by
1-62 a public or private entity to assist the state in developing new
1-63 technologies and methods to reduce the amount of municipal waste
1-64 disposed of in landfills; and
1-65 (12) provision of funds for other programs that the
1-66 commission may consider appropriate to further the purposes of this
1-67 chapter.
1-68 (b) One-half the amount appropriated to the commission is
2-1 dedicated to local and regional solid waste projects consistent
2-2 with regional plans approved by the commission in accordance with
2-3 this chapter and for updating and maintaining those plans. These
2-4 appropriations shall be allocated to municipal solid waste
2-5 geographic planning regions for use by local governments and
2-6 regional planning commissions according to a formula established by
2-7 the commission which takes into account population, area, solid
2-8 waste fee generation, and public health needs. Projects and
2-9 services funded under this subsection must demonstrate that they
2-10 promote cooperation between public and private entities and that
2-11 the projects or services are not otherwise readily available and do
2-12 not create a competitive advantage over private industry providing
2-13 recycling or solid waste services.
2-14 (c) Revenue derived from fees charged under Section
2-15 361.013(c) to a transporter of whole used or scrap tires or
2-16 shredded tire pieces shall be deposited to the credit of the waste
2-17 tire recycling fund.
2-18 SECTION 2. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended,
2-23 and that this Act take effect and be in force from and after its
2-24 passage, and it is so enacted.
2-25 * * * * *