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.
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