Amend CSHB 2912 on page 75, line 1, Article 8, add a new
Section 8.01 and 8.02 of the bill to read as follows:
SECTION 8.01. Subchapter B, Chapter 361, Health and Safety
Code, is amended by changing Section 361.013(a) to read as follows:
(a) Except as provided by Subsections (e) through (i), the
commission shall charge a fee on all solid waste that is disposed
of within this state. The fee is <$1.25> 63 cents per ton received
for disposal at a municipal solid waste landfill if the solid waste
is measured by weight. If the solid waste is measured by volume,
the fee for compacted solid waste is <40> 20 cents per cubic yard or,
for uncompacted solid waste, <25> 13 cents per cubic yard received
for disposal at a municipal solid waste landfill. The commission
shall set the fee for sludge or similar waste applied to the land
for beneficial use on a dry weight basis and for solid waste
received at an incinerator or a shredding and composting facility
at half the fee set for solid waste received for disposal at a
landfill. The commission may charge comparable fees for other
means of solid waste disposal that are used.
SECTION 8.02. Subchapter B, Chapter 361, Health and Safety
Code, is amended by changing Section 361.014 to read as follows:
(a) Revenue received by the commission under Section 361.013
shall be deposited in the state treasury to the credit of the
commission. <Half of the> The revenue is dedicated to the
commission's municipal solid waste permitting and enforcement
programs and related support activities and to pay for activities
that will enhance the state's solid waste management program,
including:
(1) provision of funds for the municipal solid waste
management planning fund and the municipal solid waste resource
recovery applied research and technical assistance fund established
by the Comprehensive Municipal Solid Waste Management, Resource
Recovery, and Conservation Act (Chapter 363);
(2) conduct of demonstration projects and studies to
help local governments of various populations and the private
sector to convert to accounting systems and set rates that reflect
the full costs of providing waste management services and are
proportionate to the amount of waste generated;
(3) provision of technical assistance to local
governments concerning solid waste management;
(4) establishment of a solid waste resource center in
the commission and an office of waste minimization and recycling;
(5) provision of supplemental funding to local
governments for the enforcement of this chapter, the Texas Litter
Abatement Act (Chapter 365), and Chapters 391 and 683,
Transportation Code;
(6) conduct of a statewide public awareness program
concerning solid waste management;
(7) provision of supplemental funds for other state
agencies with responsibilities concerning solid waste management,
recycling, and other initiatives with the purpose of diverting
recyclable waste from landfills;
(8) conduct of research to promote the development and
stimulation of markets for recycled waste products;
(9) creation of a state municipal solid waste
superfund for:
(A) the cleanup of unauthorized tire dumps and
solid waste dumps for which a responsible party cannot be located
or is not immediately financially able to provide the cleanup; and
(B) the cleanup or proper closure of abandoned
or contaminated municipal solid waste sites for which a responsible
party is not immediately financially able to provide the cleanup;
(10) provision of funds to mitigate the economic and
environmental impacts of lead-acid battery recycling activities on
local governments; and
(11) provision of funds for the conduct of research by
a public or private entity to assist the state in developing new
technologies and methods to reduce the amount of municipal solid
waste disposed in landfills.
<(b) Half the revenue is dedicated to local and regional
solid waste projects consistent with regional plans approved by the
commission in accordance with this chapter and to update and
maintain those plans. Those revenues shall be allocated to
municipal solid waste geographic planning regions for use by local
governments and regional planning commissions according to a
formula established by the commission that takes into account
population, area, solid waste fee generation, and public health
needs. Each planning region shall issue a biennial report to the
legislature detailing how the revenue is spent. A project or
service funded under this subsection must promote cooperation
between public and private entities and may not be otherwise
readily available or create a competitive advantage over a private
industry that provides recycling or solid waste services.>
<(c)> (b) Revenue derived from fees charged under Section
361.013(c) to a transporter of whole used or scrap tires or
shredded tire pieces shall be deposited to the credit of the waste
tire recycling account.
<(d)> (c) Revenues allocated to the commission for the
purposes authorized by Subsection (a) shall be deposited to the
credit of the waste management account. <Revenues allocated to
local and regional solid waste projects shall be deposited to the
credit of an account in the general revenue fund known as the
municipal solid waste disposal account.>