81R11815 JAM-F
By: Paxton H.B. No. 3765
A BILL TO BE ENTITLED
AN ACT
relating to the use of hazardous and solid waste remediation fee
funds for lead-acid battery recycling activities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 361.133(c), Health and Safety Code, is
amended to read as follows:
(c) The commission may use the money collected and deposited
to the credit of the account under this section, including interest
credited under Subsection (b)(4), only for:
(1) necessary and appropriate removal and remedial
action at sites at which solid waste or hazardous substances have
been disposed if funds from a liable person, independent third
person, or the federal government are not sufficient for the
removal or remedial action;
(2) necessary and appropriate maintenance of removal
and remedial actions for the expected life of those actions if:
(A) funds from a liable person have been
collected and deposited to the credit of the account for that
purpose; or
(B) funds from a liable person, independent third
person, or the federal government are not sufficient for the
maintenance;
(3) expenses concerning compliance with:
(A) the Comprehensive Environmental Response,
Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et
seq.) as amended;
(B) the federal Superfund Amendments and
Reauthorization Act of 1986 (10 U.S.C. Section 2701 et seq.); and
(C) Subchapters F and I;
(4) expenses concerning the regulation and management
of household hazardous substances and the prevention of pollution
of the water resources of the state from the uncontrolled release of
hazardous substances;
(5) expenses concerning the cleanup or removal of a
spill, release, or potential threat of release of a hazardous
substance where immediate action is appropriate to protect human
health and the environment; [and]
(6) expenses concerning implementation of the
voluntary cleanup program under Subchapter S or federal brownfields
initiatives; and
(7) expenses, not to exceed 20 percent annually of the
fees on batteries collected under Section 361.138, related to
lead-acid battery recycling activities, including expenses for
programs:
(A) for remediation;
(B) to promote lead-acid battery recycling;
(C) to mitigate the economic, infrastructure,
and environmental impact of lead-acid battery recycling activities
on local governments; and
(D) to encourage the adoption of innovative
technology in lead-acid battery recycling.
SECTION 2. During each fiscal year of the biennium ending
August 31, 2011, the Texas Commission on Environmental Quality
shall allocate to battery-related programs authorized under
Section 361.133(c)(7), Health and Safety Code, as added by this
Act, at least 10 percent of the fees on batteries collected under
Section 361.138, Health and Safety Code, and appropriated to the
commission.
SECTION 3. This Act takes effect September 1, 2009.