By: Van de Putte  S.B. No. 1280
         (In the Senate - Filed March 6, 2007; March 19, 2007, read
  first time and referred to Committee on Natural Resources;
  April 30, 2007, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 11, Nays 0; April 30, 2007,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1280 By:  Jackson
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to requirements concerning the storage of combustible
  recyclable materials, including compost and mulch.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 361, Health and Safety
  Code, is amended by adding Section 361.1191 to read as follows:
         Sec. 361.1191.  REQUIREMENTS CONCERNING THE STORAGE OF
  COMBUSTIBLE MATERIALS.  (a)  This section:
               (1)  applies only to a facility that stores combustible
  materials; and
               (2)  does not apply to a facility operating under a
  municipal solid waste permit or to a facility owned or operated by a
  local government.
         (b)  The commission by rule shall require a recycling
  facility to grind, begin composting, recycle, or transfer to
  another facility for recycling:
               (1)  at least 50 percent, by weight or volume, of the
  processed and unprocessed recyclable materials received by the
  facility within 12 months of receiving the materials; and
               (2)  during each 12-month period, at least 50 percent,
  by weight or volume, of the processed and unprocessed recyclable
  materials that have accumulated at the facility.
         (c)  The commission by rule shall limit the size of a pile of
  processed or unprocessed recyclable materials including composting
  materials or mulch allowed at a solid waste processing facility,
  including a recycling facility that handles compost or mulch.  A
  rule adopted under this subsection must conform to the
  International Fire Code, as published by the International Code
  Council, as the code existed on May 1, 2007.
         (d)  If the commission determines that a facility is not in
  compliance with a requirement prescribed by this section, the
  commission, in a manner determined by the commission, shall conduct
  an annual review and inspection of the facility.
         (e)  A rule adopted by the commission under this section does
  not become effective until the first anniversary of the date on
  which the rule was adopted.
         SECTION 2.  This Act takes effect September 1, 2007.
 
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