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.