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A BILL TO BE ENTITLED
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AN ACT
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relating to recycling of certain renewable energy components; |
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authorizing an administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 5, Health and Safety Code, is |
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amended by adding Chapter 376 to read as follows: |
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CHAPTER 376. RENEWABLE ENERGY COMPONENT RECYCLING FACILITIES |
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Sec. 376.001. DEFINITION. In this chapter, "commission" |
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means the Texas Commission on Environmental Quality. |
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Sec. 376.002. APPLICABILITY. This chapter applies only to |
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a recycling facility that accepts, processes, and repurposes |
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components to recover valuable materials from: |
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(1) a wind turbine generator, including turbine |
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blades, nacelles, nacelle covers, towers, drivetrains, generators, |
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magnets, power electronics, and cables; |
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(2) a solar energy device, as defined by Section |
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185.001, Utilities Code, including solar modules, junction boxes, |
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transformers, inverters, racks or trackers, and cables; or |
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(3) a battery energy storage system, including battery |
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cells, racks, containers, inverters, battery management systems, |
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cooling and fire suppression systems, and cables. |
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Sec. 376.003. REPORT. (a) The owner of a recycling facility |
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shall submit a report to the commission not later than January 15 of |
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each year that includes: |
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(1) an inventory of all components of a wind turbine |
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generator, solar energy device, or battery energy storage system |
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accepted by the facility for recycling that have not yet been |
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recycled, including any components the facility has taken title to |
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or assumed control of regardless of whether the components are |
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located at the facility; |
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(2) an estimated timeline for recycling the components |
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described by Subdivision (1); and |
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(3) a cost estimate for recycling the components |
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described by Subdivision (1) prepared by an independent, |
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third-party professional engineer licensed in this state. |
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(b) The owner of the recycling facility shall: |
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(1) submit with the facility's first report submitted |
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under Subsection (a) evidence of financial assurance in an amount |
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equal to 125 percent of the cost estimated under Subsection (a)(3); |
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and |
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(2) submit with each subsequent report any additional |
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financial assurance necessary to ensure that the amount of |
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financial assurance the owner has on file with the commission for |
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the facility is at least equal to 125 percent of the cost estimated |
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under Subsection (a)(3) in the subsequent report. |
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(c) Acceptable forms of financial assurance for purposes of |
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this section include: |
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(1) a parent company guaranty with a minimum |
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investment grade credit rating for the parent company issued by a |
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major domestic credit rating agency; |
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(2) a letter of credit; or |
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(3) a bond. |
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(d) The owner of the recycling facility is responsible for |
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estimating costs under Subsection (a) and for paying the costs |
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associated with obtaining the financial assurance required by this |
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section. |
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Sec. 376.004. INTERNET POSTING. The commission shall |
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maintain on its Internet website a list of recycling facilities in |
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this state that are in compliance with this chapter. |
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Sec. 376.005. ADMINISTRATIVE PENALTY. (a) A person may not |
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accept, process, or repurpose components as described by Section |
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376.002 for compensation unless the person complies with the |
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requirements of this chapter. |
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(b) The commission may impose an administrative penalty on |
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an owner or operator of a recycling facility to which this section |
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applies in accordance with Section 7.052(b-5), Water Code. |
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SECTION 2. Section 5.013(a), Water Code, is amended to read |
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as follows: |
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(a) The commission has general jurisdiction over: |
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(1) water and water rights including the issuance of |
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water rights permits, water rights adjudication, cancellation of |
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water rights, and enforcement of water rights; |
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(2) continuing supervision over districts created |
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under Article III, Sections 52(b)(1) and (2), and Article XVI, |
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Section 59, of the Texas Constitution; |
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(3) the state's water quality program including |
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issuance of permits, enforcement of water quality rules, standards, |
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orders, and permits, and water quality planning; |
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(4) the determination of the feasibility of certain |
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federal projects; |
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(5) the adoption and enforcement of rules and |
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performance of other acts relating to the safe construction, |
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maintenance, and removal of dams; |
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(6) conduct of the state's hazardous spill prevention |
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and control program; |
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(7) the administration of the state's program relating |
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to inactive hazardous substance, pollutant, and contaminant |
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disposal facilities; |
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(8) the administration of a portion of the state's |
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injection well program; |
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(9) the administration of the state's programs |
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involving underground water and water wells and drilled and mined |
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shafts; |
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(10) the state's responsibilities relating to regional |
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waste disposal; |
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(11) the responsibilities assigned to the commission |
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by Chapters 361, 363, 376, 382, 401, 505, 506, and 507, Health and |
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Safety Code; and |
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(12) any other areas assigned to the commission by |
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this code and other laws of this state. |
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SECTION 3. Section 7.052, Water Code, is amended by adding |
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Subsection (b-5) to read as follows: |
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(b-5) The amount of the penalty for a violation of Chapter |
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376, Health and Safety Code, may not exceed $500 a day for each |
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violation. |
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SECTION 4. This Act takes effect September 1, 2025. |