BILL ANALYSIS

H.B. 3765

By: Paxton

Ways & Means

Committee Report (Unamended)

BACKGROUND AND PURPOSE

In 1991, the 72nd Legislature enacted legislation relating to a fee for the sale of lead-acid batteries, credited to what is now the hazardous and solid waste remediation fee account.  Proceeds from the fee generate about half the revenue in the account, approximately $11 million annually. Other than for remediation, none of this money is currently used to promote battery recycling or to address the impact of lead-acid battery recycling.

H.B. 3765 authorizes the Texas Commission on Environmental Quality to use a portion of the fees collected from the sale of lead-acid batteries to pay for certain recycling, economic, infrastructure, and environmental impact programs and to encourage the use of innovative technology in lead-acid battery recycling.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 3765 amends the Health and Safety Code to add to the authorized uses of money credited and deposited to the hazardous and solid waste remediation fee account.  The bill allows such money to be used by the Texas Commission on Environmental Quality (TCEQ) for expenses, not to exceed 20 percent annually of the fees collected on the sale of non-exempt lead-acid batteries, related to lead-acid battery recycling activities. The bill includes, among these authorized expenses, programs for remediation, programs to promote lead-acid battery recycling, programs to mitigate the economic, infrastructure, and environmental impact of lead-acid battery recycling activities on local governments, and programs to encourage the adoption of innovative technology in lead-acid battery recycling.

H.B. 3765 requires the TCEQ, during each fiscal year of the biennium ending August 31, 2011, to allocate at least 10 percent of the fees collected and appropriated to the TCEQ from the sale of lead-acid batteries to battery-related programs authorized under the bill's provisions.

EFFECTIVE DATE

September 1, 2009.