Texas 2009 - 81st Regular

Texas Senate Bill SB1659 Compare Versions

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1	1	By: Averitt, Shapiro, Nelson S.B. No. 1659
2	2	(In the Senate - Filed March 10, 2009; March 20, 2009, read
3	3	first time and referred to Committee on Natural Resources;
4	4	April 16, 2009, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 10, Nays 0;
6	6	April 16, 2009, sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 1659 By: Averitt
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the use of hazardous and solid waste remediation fee
13	13	funds for lead-acid battery recycling activities.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subsection (c), Section 361.133, Health and
16	16	Safety Code, is amended to read as follows:
17	17	(c) The commission may use the money collected and deposited
18	18	to the credit of the account under this section, including interest
19	19	credited under Subsection (b)(4), only for:
20	20	(1) necessary and appropriate removal and remedial
21	21	action at sites at which solid waste or hazardous substances have
22	22	been disposed if funds from a liable person, independent third
23	23	person, or the federal government are not sufficient for the
24	24	removal or remedial action;
25	25	(2) necessary and appropriate maintenance of removal
26	26	and remedial actions for the expected life of those actions if:
27	27	(A) funds from a liable person have been
28	28	collected and deposited to the credit of the account for that
29	29	purpose; or
30	30	(B) funds from a liable person, independent third
31	31	person, or the federal government are not sufficient for the
32	32	maintenance;
33	33	(3) expenses concerning compliance with:
34	34	(A) the Comprehensive Environmental Response,
35	35	Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et
36	36	seq.) as amended;
37	37	(B) the federal Superfund Amendments and
38	38	Reauthorization Act of 1986 (10 U.S.C. Section 2701 et seq.); and
39	39	(C) Subchapters F and I;
40	40	(4) expenses concerning the regulation and management
41	41	of household hazardous substances and the prevention of pollution
42	42	of the water resources of the state from the uncontrolled release of
43	43	hazardous substances;
44	44	(5) expenses concerning the cleanup or removal of a
45	45	spill, release, or potential threat of release of a hazardous
46	46	substance where immediate action is appropriate to protect human
47	47	health and the environment; [and]
48	48	(6) expenses concerning implementation of the
49	49	voluntary cleanup program under Subchapter S or federal brownfields
50	50	initiatives; and
51	51	(7) expenses, not to exceed 20 percent of the annually
52	52	appropriated amount of the fees on batteries collected under
53	53	Section 361.138, related to lead-acid battery recycling
54	54	activities, including expenses for programs:
55	55	(A) for remediation; and
56	56	(B) to create incentives for the adoption of
57	57	innovative technology in lead-acid battery recycling to increase
58	58	the efficiency and effectiveness of the recycling process or reduce
59	59	the negative environmental impacts of the recycling process.
60	60	SECTION 2. This Act takes effect September 1, 2009.
61	61	* * * * *