77R11753 SMH-F By Howard, Isett H.B. No. 2271 Substitute the following for H.B. No. 2271: By Howard C.S.H.B. No. 2271 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the regulation of certain facilities as solid waste 1-3 facilities. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter C, Chapter 361, Health and Safety Code, 1-6 is amended by adding Section 361.119 to read as follows: 1-7 Sec. 361.119. REGULATION OF CERTAIN FACILITIES AS SOLID 1-8 WASTE FACILITIES. (a) The commission by rule shall ensure that a 1-9 solid waste processing facility the primary function of which is 1-10 the transfer of solid waste is regulated as a solid waste facility 1-11 under this chapter and is not allowed to operate unregulated as a 1-12 recycling facility. 1-13 (b) A facility and the operations conducted and materials 1-14 handled at the facility are not subject to regulation under rules 1-15 adopted under this section if the owner or operator of the facility 1-16 demonstrates that: 1-17 (1) the primary function of the facility is to process 1-18 materials that have a resale value greater than the cost of 1-19 processing the materials for subsequent beneficial use; and 1-20 (2) the solid waste generated from processing the 1-21 materials is disposed of in a solid waste facility authorized under 1-22 this chapter, with the exception of small amounts of solid waste 1-23 that may be inadvertently and unintentionally disposed of in 1-24 another manner. 2-1 SECTION 2. The Texas Natural Resource Conservation Commission 2-2 shall adopt rules as necessary to implement the changes in law made 2-3 by this Act as soon after the effective date of this Act as is 2-4 practicable. 2-5 SECTION 3. This Act takes effect immediately if it receives 2-6 a vote of two-thirds of all the members elected to each house, as 2-7 provided by Section 39, Article III, Texas Constitution. If this 2-8 Act does not receive the vote necessary for immediate effect, this 2-9 Act takes effect September 1, 2001.