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A BILL TO BE ENTITLED
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AN ACT
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relating to the amount of the solid waste disposal fee and the |
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allocation of revenue from that fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 361.013(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) Except as provided by Subsections (e) through (i), the |
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commission shall charge a fee on all solid waste that is disposed of |
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within this state. The fee is $1.25 [94 cents] per ton received for |
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disposal at a municipal solid waste landfill if the solid waste is |
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measured by weight. If the solid waste is measured by volume, the |
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fee for compacted solid waste is 40 [30] cents per cubic yard and |
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the fee for uncompacted solid waste is 25 [19] cents per cubic yard |
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received for disposal at a municipal solid waste landfill. The |
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commission shall set the fee for sludge or similar waste applied to |
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the land for beneficial use on a dry weight basis and for solid |
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waste received at an incinerator or a shredding and composting |
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facility at half the fee set for solid waste received for disposal |
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at a landfill. The commission may charge comparable fees for other |
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means of solid waste disposal that are used. |
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SECTION 2. Sections 361.014(a) and (b), Health and Safety |
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Code, are 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. Of that revenue, 50 [66.7] percent is dedicated to |
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the commission's municipal solid waste permitting programs, |
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enforcement programs, and site remediation programs, and to pay for |
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activities that will enhance the state's solid waste management |
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program. The commission shall issue a biennial report to the |
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legislature describing in detail how the money was spent. The |
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activities to enhance the state's solid waste management program |
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may include: |
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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 of this code), 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; |
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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; |
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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; and |
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(12) provision of funds for grants to encourage |
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entities located in an affected county or a nonattainment area, as |
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defined by Section 386.001, to convert heavy-duty vehicles used for |
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municipal solid waste collection into vehicles powered by natural |
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gas engines. |
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(b) Of the revenue received by the commission under Section |
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361.013, 50 [33.3] percent is dedicated to local and regional solid |
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waste projects consistent with regional plans approved by the |
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commission in accordance with this chapter and to update and |
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maintain those plans. Those revenues shall be allocated to |
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municipal solid waste geographic planning regions for use by local |
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governments and regional planning commissions according to a |
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formula established by the commission that takes into account |
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population, area, solid waste fee generation, and public health |
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needs. Each planning region shall issue a biennial report to the |
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legislature detailing how the revenue is spent. A project or |
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service funded under this subsection must promote cooperation |
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between public and private entities and may not be otherwise |
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readily available or create a competitive advantage over a private |
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industry that provides recycling or solid waste services. |
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SECTION 3. The changes in law made by this Act to Sections |
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361.013 and 361.014, Health and Safety Code, apply only to a fee |
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collected on or after the effective date of this Act. A fee |
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collected before the effective date of this Act is governed by the |
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law in effect when the fee was collected, and the former law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2017. |