78R3800 MI-F

By:  Jones of Lubbock                                             H.B. No. 753



A BILL TO BE ENTITLED

AN ACT

relating to providing money to pay for the remediation, cleanup, 
and closure of unpermitted solid waste facilities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 361.014(a), Health and Safety Code, is 
amended 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 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; 
and
			(C)  remediation, cleanup, and proper closure of 
unauthorized recycling sites for which a responsible party is not 
immediately financially able to perform the remediation, cleanup, 
and closure;
		(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 waste 
disposed of in landfills.
	SECTION 2.  This Act takes effect September 1, 2003.