Texas 2009 - 81st Regular

Texas House Bill HB3765 Compare Versions

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Old	New	Differences
1	1	H.B. No. 3765
2	2
3	3
4	4	AN ACT
5	5	relating to the use of hazardous and solid waste remediation fee
6	6	funds for lead-acid battery recycling activities.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 361.133(c), Health and Safety Code, is
9	9	amended to read as follows:
10	10	(c) The commission may use the money collected and deposited
11	11	to the credit of the account under this section, including interest
12	12	credited under Subsection (b)(4), only for:
13	13	(1) necessary and appropriate removal and remedial
14	14	action at sites at which solid waste or hazardous substances have
15	15	been disposed if funds from a liable person, independent third
16	16	person, or the federal government are not sufficient for the
17	17	removal or remedial action;
18	18	(2) necessary and appropriate maintenance of removal
19	19	and remedial actions for the expected life of those actions if:
20	20	(A) funds from a liable person have been
21	21	collected and deposited to the credit of the account for that
22	22	purpose; or
23	23	(B) funds from a liable person, independent third
24	24	person, or the federal government are not sufficient for the
25	25	maintenance;
26	26	(3) expenses concerning compliance with:
27	27	(A) the Comprehensive Environmental Response,
28	28	Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et
29	29	seq.) as amended;
30	30	(B) the federal Superfund Amendments and
31	31	Reauthorization Act of 1986 (10 U.S.C. Section 2701 et seq.); and
32	32	(C) Subchapters F and I;
33	33	(4) expenses concerning the regulation and management
34	34	of household hazardous substances and the prevention of pollution
35	35	of the water resources of the state from the uncontrolled release of
36	36	hazardous substances;
37	37	(5) expenses concerning the cleanup or removal of a
38	38	spill, release, or potential threat of release of a hazardous
39	39	substance where immediate action is appropriate to protect human
40	40	health and the environment; [and]
41	41	(6) expenses concerning implementation of the
42	42	voluntary cleanup program under Subchapter S or federal brownfields
43	43	initiatives; and
44	44	(7) expenses, not to exceed 10 percent of the annually
45	45	appropriated amount of the fees on batteries collected under
46	46	Section 361.138, related to lead-acid battery recycling
47	47	activities, including expenses for programs:
48	48	(A) for remediation; and
49	49	(B) to create incentives for the adoption of
50	50	innovative technology in lead-acid battery recycling to increase
51	51	the efficiency and effectiveness of the recycling process or reduce
52	52	the negative environmental impacts of the recycling process.
53	53	SECTION 2. This Act takes effect September 1, 2009.
54	54	______________________________ ______________________________
55	55	President of the Senate Speaker of the House
56	56	I certify that H.B. No. 3765 was passed by the House on April
57	57	29, 2009, by the following vote: Yeas 139, Nays 0, 1 present, not
58	58	voting.
59	59	______________________________
60	60	Chief Clerk of the House
61	61	I certify that H.B. No. 3765 was passed by the Senate on May
62	62	13, 2009, by the following vote: Yeas 31, Nays 0.
63	63	______________________________
64	64	Secretary of the Senate
65	65	APPROVED: _____________________
66	66	Date
67	67	_____________________
68	68	Governor