78R14052 MI-F

By:  Hamric                                                       H.B. No. 1823

relating to financial assurance for certain solid waste processing facilities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 361.119, Health and Safety Code, is amended by amending Subsection (d) and adding Subsection (f) to read as follows: (d) A facility that is owned, operated, or affiliated with a person that has a permit to dispose of municipal solid waste is not subject to regulation or [the] requirements for financial assurance under rules adopted under this section [of recordkeeping and reporting adopted under Subsection (b)]. (f) The commission shall adopt rules to ensure that the owner or operator of a recycling facility, including a composting or mulching facility, has in place sufficient financial assurance conditioned on satisfactorily operating and closing the facility and consistent with the requirements of Section 361.085 for a solid waste facility other than a facility for the disposal of hazardous waste. This subsection applies only to an owner or operator of a recycling facility: (1) at which combustible material is stored outdoors; or (2) that poses a significant risk to public health and safety as determined by the commission. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2003.