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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of funds in the state municipal solid waste |
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superfund to remediate certain emergency situations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 361.014(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) Revenue received by the commission under Section |
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361.013 shall be deposited in the state treasury to the credit of |
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the commission. Half of the revenue is dedicated to the |
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commission's municipal solid waste permitting and enforcement |
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programs and related support activities and to pay for activities |
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that will enhance the state's solid waste management program, |
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including: |
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(1) provision of funds for the municipal solid waste |
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management planning fund and the municipal solid waste resource |
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recovery applied research and technical assistance fund |
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established by the Comprehensive Municipal Solid Waste Management, |
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Resource Recovery, and Conservation Act (Chapter 363); |
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(2) conduct of demonstration projects and studies to |
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help local governments of various populations and the private |
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sector to convert to accounting systems and set rates that reflect |
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the full costs of providing waste management services and are |
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proportionate to the amount of waste generated; |
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(3) provision of technical assistance to local |
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governments concerning solid waste management; |
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(4) establishment of a solid waste resource center in |
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the commission and an office of waste minimization and recycling; |
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(5) provision of supplemental funding to local |
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governments for the enforcement of this chapter, the Texas Litter |
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Abatement Act (Chapter 365), and Chapters 391 and 683, |
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Transportation Code; |
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(6) conduct of a statewide public awareness program |
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concerning solid waste management; |
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(7) provision of supplemental funds for other state |
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agencies with responsibilities concerning solid waste management, |
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recycling, and other initiatives with the purpose of diverting |
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recyclable waste from landfills; |
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(8) conduct of research to promote the development and |
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stimulation of markets for recycled waste products; |
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(9) creation of a state municipal solid waste |
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superfund, from funds appropriated, for: |
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(A) the cleanup of unauthorized tire dumps and |
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solid waste dumps for which a responsible party cannot be located or |
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is not immediately financially able to provide the cleanup; |
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(B) the cleanup or proper closure of abandoned or |
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contaminated municipal solid waste sites for which a responsible |
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party is not immediately financially able to provide the cleanup; |
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[and] |
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(C) remediation, cleanup, and proper closure of |
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unauthorized recycling sites for which a responsible party is not |
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immediately financially able to perform the remediation, cleanup, |
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and closure; and |
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(D) immediate response to or remediation of a |
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fire or other emergency situation that involves solid waste, |
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including material suitable for recycling or composting, as the |
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commission determines necessary to protect the public health or |
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safety; |
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(10) provision of funds to mitigate the economic and |
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environmental impacts of lead-acid battery recycling activities on |
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local governments; and |
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(11) provision of funds for the conduct of research by |
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a public or private entity to assist the state in developing new |
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technologies and methods to reduce the amount of municipal waste |
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disposed of in landfills. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |