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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of recycling and recycled products. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 361.003(10-a), (10-b), (25-a), (25-b), |
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and (27), Health and Safety Code, are amended to read as follows: |
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(10-a) "Gasification" means a process through which |
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recoverable feedstocks are heated and converted into a fuel-gas |
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mixture in an oxygen-deficient atmosphere and the mixture is |
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converted into [a] valuable raw materials or valuable[,] |
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intermediate[,] or final products [product], including plastic |
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monomers, chemicals, waxes, lubricants, or chemical feedstocks and |
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other basic hydrocarbons [a plastic, monomer, chemical, wax, |
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lubricant, or chemical feedstock or crude oil, diesel, gasoline, |
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diesel and gasoline blendstock, home heating oil, ethanol, or |
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another fuel]. The term does not include incineration. |
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(10-b) "Gasification facility" means a facility that |
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receives, [separates,] stores, and converts post-use polymers and |
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recoverable feedstocks using gasification. The commission may not |
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consider a gasification facility to be a hazardous waste management |
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facility, a solid waste management facility, or an incinerator. |
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(25-a) "Pyrolysis" means a manufacturing process |
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through which post-use polymers are heated in an oxygen-deficient |
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atmosphere [until melted and thermally decomposed and then cooled, |
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condensed,] and converted into [a] valuable raw materials or |
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valuable[,] intermediate[,] or final products [product], including |
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plastic monomers, chemicals, naphtha, waxes, or plastic and |
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chemical feedstocks and other basic hydrocarbons [a plastic, |
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monomer, chemical, wax, lubricant, or chemical feedstock or crude |
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oil, diesel, gasoline, diesel and gasoline blendstock, home heating |
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oil, ethanol, or another fuel]. The term does not include |
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incineration. |
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(25-b) "Pyrolysis facility" means a manufacturing |
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facility that receives, [separates,] stores, and converts post-use |
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polymers using pyrolysis. The commission may not consider a |
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pyrolysis facility to be a hazardous waste management facility, a |
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solid waste management facility, or an incinerator. |
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(27) "Recycling" has the meaning assigned by Section |
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361.421 [means the legitimate use, reuse, or reclamation of solid |
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waste]. |
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SECTION 2. Section 361.0151, Health and Safety Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) Notwithstanding any other law, the commission or |
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another political subdivision of this state that establishes goals |
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or requirements for recycling or the use of recycled material must |
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base those goals or requirements on the definitions and principles |
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established by Subchapter N. This subsection does not apply to a |
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program described by Subchapter Y or Z. |
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SECTION 3. Section 361.041(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The commission may not consider post-use polymers or |
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recoverable feedstock to be solid waste if they are converted using |
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pyrolysis or gasification into [a] valuable raw materials or |
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valuable[,] intermediate[,] or final products [product], including |
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plastic monomers, chemicals, waxes, lubricants, or chemical |
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feedstocks and other basic hydrocarbons [a plastic, monomer, |
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chemical, wax, lubricant, or chemical feedstock or crude oil, |
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diesel, gasoline, diesel and gasoline blendstock, home heating oil, |
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ethanol, or another fuel]. |
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SECTION 4. Section 361.119(c-1), Health and Safety Code, is |
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amended to read as follows: |
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(c-1) A facility that reuses or converts recyclable |
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materials through pyrolysis or gasification, and the operations |
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conducted and materials handled at the facility, are not subject to |
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regulation under rules adopted under this section if the owner or |
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operator of the facility demonstrates that: |
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(1) the primary function of the facility is to convert |
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materials into products for subsequent beneficial use that have a |
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resale value greater than the cost of converting the materials [for |
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subsequent beneficial use]; and |
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(2) all the solid waste generated from converting the |
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materials is disposed of in a hazardous solid waste management |
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facility or a solid waste facility authorized under this chapter, |
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as appropriate, with the exception of small amounts of solid waste |
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that may be inadvertently and unintentionally disposed of in |
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another manner. |
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SECTION 5. Section 361.421, Health and Safety Code, is |
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amended by amending Subdivisions (5), (6), (7), and (8) and adding |
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Subdivision (6-a) to read as follows: |
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(5) "Recyclable material" means material that can be |
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or has been recovered or diverted from the solid waste stream for |
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purposes of reuse, recycling, or reclamation, a substantial portion |
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of which is consistently used in the manufacture of products which |
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may otherwise be produced using raw or virgin materials. The term |
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includes post-use polymers and recoverable feedstocks that are |
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converted through pyrolysis or gasification into valuable raw |
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materials or valuable[,] intermediate[,] and final products. |
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Recyclable material is not solid waste unless the material is |
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deemed to be hazardous solid waste by the Administrator of the |
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United States Environmental Protection Agency, whereupon it shall |
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be regulated accordingly unless it is otherwise exempted in whole |
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or in part from regulation under the federal Solid Waste Disposal |
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Act, as amended by the Resource Conservation and Recovery Act of |
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1976 (42 U.S.C. Section 6901 et seq.), by Environmental Protection |
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Agency regulation. However, recyclable material may become solid |
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waste at such time, if any, as it is abandoned or disposed of rather |
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than recycled, whereupon it will be solid waste with respect only to |
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the party actually abandoning or disposing of the material. |
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(6) "Recycled material" means materials, goods, or |
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products that consist of recyclable material or materials derived |
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from post-use polymers or postconsumer waste[, industrial waste, or |
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hazardous waste] which may be used in place of a raw or virgin |
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material in manufacturing a new product or that are certified under |
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a mass balance attribution system identified by the commission |
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under Section 361.4215. The term includes recycled plastics |
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[post-use polymers and recoverable feedstocks used in pyrolysis or |
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gasification]. |
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(6-a) "Recycled plastics" means products that are |
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produced from: |
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(A) mechanical recycling of post-use polymers; |
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or |
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(B) nonmechanical recycling of post-use polymers |
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certified under a mass balance attribution system identified by the |
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commission under Section 361.4215. |
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(7) "Recycled product" means a product that is |
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eligible to be considered a recycled product under [which meets the |
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requirements for recycled material content as prescribed by] the |
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rules established by the commission under [described in] Section |
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361.427. |
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(8) "Recycling" means a process by which materials |
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that have served their intended use or are scrapped, discarded, |
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used, surplus, or obsolete are collected, separated, or processed |
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and returned to use in the form of raw materials or feedstocks used |
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in the production of new products. The term does not include |
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incineration of plastics or waste-to-energy processes. Recycling |
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includes: |
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(A) the composting process if the compost |
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material is put to beneficial reuse as defined by the commission; |
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(B) the application to land, as organic |
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fertilizer, of processed sludge or biosolids from municipal |
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wastewater treatment plants and other organic matter resulting from |
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poultry, dairy, livestock, or other agricultural operations; and |
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(C) the conversion of post-use polymers and |
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recoverable feedstocks through pyrolysis or gasification. |
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SECTION 6. Subchapter N, Chapter 361, Health and Safety |
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Code, is amended by adding Section 361.4215 to read as follows: |
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Sec. 361.4215. MASS BALANCE ATTRIBUTION. The commission by |
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rule shall identify third-party certification systems for mass |
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balance attribution that may be used for the purposes of Sections |
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361.421(6) and (6-a), such as the International Sustainability and |
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Carbon Certification system. |
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SECTION 7. Section 361.427(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) The guidelines established under this section shall |
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specify a minimum percent of the recycled material in a product |
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which must be postconsumer waste or post-use polymer. |
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SECTION 8. As soon as practicable after the effective date |
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of this Act, the Texas Commission on Environmental Quality shall |
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adopt rules necessary to implement the changes in law made by this |
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Act. |
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SECTION 9. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |