| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to notice and information provided by a municipal solid |
|
|
waste facility and a commercial transporter of solid waste |
|
|
regarding recycling programs for certain electronic waste. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 361.954(a), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(a) The collection, recycling, and reuse provisions of this |
|
|
subchapter apply to computer equipment used and returned to the |
|
|
manufacturer by a consumer in this state and, except as provided by |
|
|
Section 361.967, do not impose any obligation on an owner or |
|
|
operator of a solid waste facility or a transporter of solid waste. |
|
|
SECTION 2. Section 361.966, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 361.966. FEDERAL PREEMPTION; EXPIRATION. (a) If |
|
|
federal law establishes a national program for the collection and |
|
|
recycling of computer equipment and the commission determines that |
|
|
the federal law substantially meets the purposes of Sections |
|
|
361.952 through 361.965 [this subchapter], the commission may adopt |
|
|
an agency statement that interprets the federal law as preemptive |
|
|
of those sections [this subchapter]. |
|
|
(b) Sections 361.952 through 361.965 expire [This
|
|
|
subchapter expires] on the date the commission issues a statement |
|
|
under this section. |
|
|
SECTION 3. Subchapter Y, Chapter 361, Health and Safety |
|
|
Code, is amended by adding Section 361.967 to read as follows: |
|
|
Sec. 361.967. NOTICE AND INFORMATION PROVIDED TO CONSUMER |
|
|
BY MUNICIPAL SOLID WASTE FACILITY AND COMMERCIAL TRANSPORTER. (a) |
|
|
In this section, "electronic waste" means computer equipment that |
|
|
is eligible for collection under a manufacturer's recovery plan |
|
|
adopted under Section 361.955. |
|
|
(b) An owner or operator of a municipal solid waste landfill |
|
|
or a municipal solid waste incinerator shall post in a conspicuous |
|
|
location at the landfill or incinerator a sign that encourages |
|
|
consumers to recycle electronic waste. An owner or operator is not |
|
|
liable for electronic waste collected at the landfill or |
|
|
incinerator and is not required to remove electronic waste |
|
|
collected. An owner or operator is not in violation of this |
|
|
subsection if the owner or operator has made a good faith effort to |
|
|
comply with this subsection. |
|
|
(c) A commercial transporter of solid waste who transports |
|
|
waste to a municipal solid waste landfill or a municipal solid waste |
|
|
incinerator shall provide each person who has contracted directly |
|
|
with the transporter for the transportation of solid waste an |
|
|
informational insert that encourages consumers to recycle |
|
|
electronic waste. A commercial transporter must provide the insert |
|
|
to each person at least once each year. A commercial transporter is |
|
|
not liable for electronic waste carried by the transporter and is |
|
|
not required to remove electronic waste collected. A commercial |
|
|
transporter is not in violation of this subsection if the |
|
|
commercial transporter has made a good faith effort to comply with |
|
|
this subsection. This subsection expires December 31, 2017. |
|
|
(d) The commission by rule shall develop the sign and |
|
|
informational insert required by this section. The sign and insert |
|
|
must include information relating to recycling programs for |
|
|
electronic waste and the commission's Internet website. |
|
|
SECTION 4. Section 361.973(a), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(a) Except as provided by this section and Sections |
|
|
[Section] 361.991 and 361.993, this subchapter applies only to |
|
|
covered television equipment that is: |
|
|
(1) offered for sale or sold to a consumer in this |
|
|
state; or |
|
|
(2) used by a consumer in this state and returned for |
|
|
recycling. |
|
|
SECTION 5. Subchapter Z, Chapter 361, Health and Safety |
|
|
Code, is amended by adding Section 361.993 to read as follows: |
|
|
Sec. 361.993. NOTICE AND INFORMATION PROVIDED TO CONSUMER |
|
|
BY MUNICIPAL SOLID WASTE FACILITY AND COMMERCIAL TRANSPORTER. (a) |
|
|
In this section, "electronic waste" means covered television |
|
|
equipment that is eligible for collection under: |
|
|
(1) a manufacturer's recovery plan adopted under |
|
|
Section 361.978; or |
|
|
(2) a manufacturer recycling leadership program |
|
|
established under Section 361.979. |
|
|
(b) An owner or operator of a municipal solid waste landfill |
|
|
or a municipal solid waste incinerator shall post in a conspicuous |
|
|
location at the landfill or incinerator a sign that encourages |
|
|
consumers to recycle electronic waste. An owner or operator is not |
|
|
liable for electronic waste collected at the landfill or |
|
|
incinerator and is not required to remove electronic waste |
|
|
collected. An owner or operator is not in violation of this |
|
|
subsection if the owner or operator has made a good faith effort to |
|
|
comply with this subsection. |
|
|
(c) A commercial transporter of solid waste who transports |
|
|
waste to a municipal solid waste landfill or a municipal solid waste |
|
|
incinerator shall provide each person who has contracted directly |
|
|
with the transporter for the transportation of solid waste an |
|
|
informational insert that encourages consumers to recycle |
|
|
electronic waste. A commercial transporter must provide the insert |
|
|
to each person at least once each year. A commercial transporter is |
|
|
not liable for electronic waste carried by the transporter and is |
|
|
not required to remove electronic waste collected. A commercial |
|
|
transporter is not in violation of this subsection if the |
|
|
commercial transporter has made a good faith effort to comply with |
|
|
this subsection. This subsection expires December 31, 2017. |
|
|
(d) The commission by rule shall develop the sign and |
|
|
informational insert required by this section. The sign and insert |
|
|
must include information relating to recycling programs for |
|
|
electronic waste and the commission's Internet website. |
|
|
SECTION 6. (a) The Texas Commission on Environmental |
|
|
Quality shall adopt rules to implement this Act not later than |
|
|
December 31, 2015. |
|
|
(b) Sections 361.967 and 361.993, Health and Safety Code, as |
|
|
added by this Act, apply to an owner or operator of a municipal |
|
|
solid waste landfill or incinerator and a transporter of solid |
|
|
waste who transports waste to a municipal solid waste landfill or |
|
|
incinerator beginning on the effective date of rules adopted by the |
|
|
Texas Commission on Environmental Quality under Subsection (a) of |
|
|
this section. |
|
|
SECTION 7. 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, 2015. |