78R5783 MI-D

By:  Carona                                                       S.B. No. 887



A BILL TO BE ENTITLED

AN ACT

relating to solid waste disposal fees.                                        
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 361.013(a), Health and Safety Code, is 
amended to read as follows:
	(a)  Except as provided by Subsections (e) through (i), the 
commission shall charge a fee on all solid waste that is disposed of 
within this state.  The fee is 65 cents [$1.25] per ton received for 
disposal at a municipal solid waste landfill if the solid waste is 
measured by weight.  If the solid waste is measured by volume, the 
fee for compacted solid waste is 40 cents per cubic yard or, for 
uncompacted solid waste, 25 cents per cubic yard received for 
disposal at a municipal solid waste landfill.  The commission shall 
set the fee for sludge or similar waste applied to the land for 
beneficial use on a dry weight basis and for solid waste received at 
an incinerator or a shredding and composting facility at half the 
fee set for solid waste received for disposal at a landfill.  The 
commission may charge comparable fees for other means of solid 
waste disposal that are used.
	SECTION 2.  Sections 361.014(a) and (d), Health and Safety 
Code, are 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 and[.  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;
		(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.
	(d)  Revenues allocated to the commission for the purposes 
authorized by Subsection (a) shall be deposited to the credit of the 
waste management account.  [Revenues allocated to local and 
regional solid waste projects shall be deposited to the credit of an 
account in the general revenue fund known as the municipal solid 
waste disposal account.]
	SECTION 3.  Section 361.014(b), Health and Safety Code, is 
repealed.         
	SECTION 4.  Money dedicated to local and regional solid 
waste projects that is in the municipal solid waste disposal 
account on the effective date of this Act is dedicated on that date 
to the purposes stated in Section 361.014(a), Health and Safety 
Code, as amended by this Act.
	SECTION 5.  This Act takes effect September 1, 2003.