Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Mowery                                       H.B. No. 3006

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to composting facilities.


 1-4           SECTION 1.  Subchapter N, Chapter 361, Health and Safety

 1-5     Code, Section 361.428 is amended by adding subsections (d)-(i) to

 1-6     read as follows:

 1-7           (d)  All composting facilities authorized by the commission

 1-8     shall submit to the commission for approval evidence of financial

 1-9     responsibility in the amount adequate to assure proper cleanup and

1-10     closure of the facility.

1-11           (e)  A composting facility shall submit to the commission an

1-12     estimate of the total cost expected from cleanup and closure of the

1-13     facility.

1-14           (f)  The commission shall evaluate and may amend an estimate

1-15     under Subsection (e) and shall determine for each facility the

1-16     amount for which evidence of financial responsibility is required.

1-17           (g)  Evidence of financial responsibility may be in the form

1-18     of:

1-19                 (1)  a surety bond or a letter of credit acceptable to

1-20     the commission that is from a financial institution, a trust fund,

1-21     or insurance; or

1-22                 (2)  a self-insurance test designed by the commission

1-23     for a publicly-owned facility.

1-24           (h)  The commission shall exempt a composting facility from

 2-1     meeting the financial responsibility requirement under Subsection

 2-2     (e) if such facility is operated on or adjacent to a permitted

 2-3     solid waste facility.

 2-4           (i)  A composting facility shall submit to the commission

 2-5     proof that the facility has met acceptable municipal or county fire

 2-6     regulations.

 2-7           SECTION 2.  This Act takes effect September 1, 1997.

 2-8           SECTION 3.  The importance of this legislation and the

 2-9     crowded condition of the calendars in both houses create an

2-10     emergency and an imperative public necessity that the

2-11     constitutional rule requiring bills to be read on three several

2-12     days in each house be suspended, and this rule is hereby suspended,

2-13     and that this Act take effect and be in force according to its

2-14     terms, and it is so enacted.