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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of hazardous and solid waste remediation fee |
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funds for lead-acid battery recycling activities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 361.133(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) The commission may use the money collected and deposited |
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to the credit of the account under this section, including interest |
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credited under Subsection (b)(4), only for: |
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(1) necessary and appropriate removal and remedial |
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action at sites at which solid waste or hazardous substances have |
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been disposed if funds from a liable person, independent third |
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person, or the federal government are not sufficient for the |
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removal or remedial action; |
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(2) necessary and appropriate maintenance of removal |
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and remedial actions for the expected life of those actions if: |
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(A) funds from a liable person have been |
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collected and deposited to the credit of the account for that |
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purpose; or |
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(B) funds from a liable person, independent third |
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person, or the federal government are not sufficient for the |
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maintenance; |
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(3) expenses concerning compliance with: |
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(A) the Comprehensive Environmental Response, |
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Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et |
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seq.) as amended; |
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(B) the federal Superfund Amendments and |
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Reauthorization Act of 1986 (10 U.S.C. Section 2701 et seq.); and |
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(C) Subchapters F and I; |
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(4) expenses concerning the regulation and management |
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of household hazardous substances and the prevention of pollution |
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of the water resources of the state from the uncontrolled release of |
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hazardous substances; |
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(5) expenses concerning the cleanup or removal of a |
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spill, release, or potential threat of release of a hazardous |
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substance where immediate action is appropriate to protect human |
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health and the environment; [and] |
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(6) expenses concerning implementation of the |
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voluntary cleanup program under Subchapter S or federal brownfields |
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initiatives; and |
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(7) expenses, not to exceed 20 percent annually of the |
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fees on batteries collected under Section 361.138, related to |
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lead-acid battery recycling activities, including expenses for |
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programs: |
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(A) for remediation; |
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(B) to promote lead-acid battery recycling; |
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(C) to mitigate the economic, infrastructure, |
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and environmental impact of lead-acid battery recycling activities |
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on local governments; and |
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(D) to encourage the adoption of innovative |
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technology in lead-acid battery recycling. |
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SECTION 2. During each fiscal year of the biennium ending |
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August 31, 2011, the Texas Commission on Environmental Quality |
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shall allocate to battery-related programs authorized under |
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Section 361.133(c)(7), Health and Safety Code, as added by this |
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Act, at least 10 percent of the fees on batteries collected under |
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Section 361.138, Health and Safety Code, and appropriated to the |
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commission. |
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SECTION 3. This Act takes effect September 1, 2009. |