83R22715 SLB-D

By: Bell H.B. No. 1490

Substitute the following for H.B. No. 1490:

By: Lewis C.S.H.B. No. 1490

A BILL TO BE ENTITLED

AN ACT

relating to the amount and disposition of fees collected for municipal solid waste disposal.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 361.013, Health and Safety Code, is amended by adding Subsections (a-1) and (a-2) to read as follows:

(a-1) The commission shall notify the comptroller if the balance of the unobligated money in the municipal solid waste disposal account equals or exceeds $30 million. Notwithstanding Subsection (b), the rate of each fee established under Subsection (a) is reduced by 50 percent not later than the 60th day after the date of a notice described by this subsection. Revenues received by the commission from fees collected after a reduction in the fees under this subsection shall be deposited to the credit of the waste management account.

(a-2) The commission shall notify the comptroller if the balance of the unobligated money in the municipal solid waste disposal account falls below $20 million. If a fee reduction under Subsection (a-1) is in effect, on the 60th day after the date of a notice under this subsection, the rate of each fee is the rate established under Subsection (a). One-half of the revenues received by the commission from fees collected after a fee increase under this subsection shall be deposited to the credit of the waste management account, and one-half of those revenues shall be deposited to the credit of the municipal solid waste disposal account.

SECTION 2. Section 361.014(a), Health and Safety Code, is 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. 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, from funds appropriated, 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;

(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; and

(C) remediation, cleanup, and proper closure of unauthorized recycling sites for which a responsible party is not immediately financially able to perform the remediation, cleanup, and closure;

(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;

(12) provision of funds for natural gas vehicle fueling stations in nonattainment areas to facilitate the conversion of solid waste fleets from using diesel fuel to using natural gas; and

(13) provision of funds for municipal solid waste projects, including waste-to-energy projects, projects to turn landfill biogas or wastewater treatment facility biogas into electricity or renewable fuel, and projects involving the anaerobic digestion of organic waste.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.