By Duncan                                             S.B. No. 1540
         77R5433 SMH-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the regulation of recycling facilities.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Section 361.0151, Health and Safety Code, is
 1-5     amended by adding Subsection (c) to read as follows:
 1-6           (c)  The commission shall adopt rules, including
 1-7     recordkeeping and reporting requirements, to ensure that recyclable
 1-8     material, as defined by Section 361.421:
 1-9                 (1)  is reused and not abandoned, improperly stored, or
1-10     disposed of; and
1-11                 (2)  does not create a nuisance or threaten or impair
1-12     the environment or public health and safety.
1-13           SECTION 2. Section 361.421(5), Health and Safety Code, is
1-14     amended to read as follows:
1-15                 (5)  "Recyclable material" means material that has been
1-16     recovered or diverted from the solid waste stream for purposes of
1-17     reuse, recycling, or reclamation, a substantial portion of which is
1-18     consistently used in the manufacture of products which may
1-19     otherwise be produced using raw or virgin materials.  Recyclable
1-20     material is not solid waste unless the material is deemed to be
1-21     hazardous solid waste by the Administrator of the United States
1-22     Environmental Protection Agency, whereupon it shall be regulated
1-23     accordingly unless it is otherwise exempted in whole or in part
1-24     from regulation under the federal Solid Waste Disposal Act, as
 2-1     amended by the Resource Conservation and Recovery Act of 1976 (42
 2-2     U.S.C. Section 6901 et seq.), by Environmental Protection Agency
 2-3     regulation.  However, recyclable material that is abandoned,
 2-4     improperly stored, or disposed of becomes [may become solid waste
 2-5     at such time, if any, as it is abandoned or disposed of rather than
 2-6     recycled, whereupon it will be] solid waste with respect [only] to
 2-7     the person who abandons, improperly stores, or disposes of the
 2-8     material or the owner of the real property on which the material is
 2-9     located [party actually abandoning or disposing of the material].
2-10           SECTION 3. The Texas Natural Resource Conservation Commission
2-11     shall adopt rules as necessary to implement the changes in law made
2-12     by this Act as soon after the effective date of this Act as is
2-13     practicable.
2-14           SECTION 4.  This Act takes effect immediately if it receives
2-15     a vote of two-thirds of all the members elected to each house, as
2-16     provided by Section 39, Article III, Texas Constitution.  If this
2-17     Act does not receive the vote necessary for immediate effect, this
2-18     Act takes effect September 1, 2001.