Texas 2015 - 84th Regular

Texas House Bill HB3153 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R4607 JRR-F
2	2	By: Anderson of Dallas H.B. No. 3153
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a program for the recycling of certain household
8	8	batteries; authorizing a fee; providing civil and administrative
9	9	penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 361, Health and Safety Code, is amended
12	12	by adding Subchapter P to read as follows:
13	13	SUBCHAPTER P. HOUSEHOLD BATTERY RECYCLING PROGRAM
14	14	Sec. 361.471. DEFINITIONS. In this subchapter:
15	15	(1) "Brand" means a name, symbol, word, or traceable
16	16	mark that identifies a covered battery and attributes the covered
17	17	battery to the owner or licensee of the brand as the producer.
18	18	(2) "Covered battery" means a battery or
19	19	battery-containing product described by Section 361.472(a).
20	20	(3) "Discarded covered battery" means a covered
21	21	battery that a user discarded or intends to discard, abandon, or
22	22	send for recycling.
23	23	(4) "Producer" means one of the following with regard
24	24	to a covered battery that is sold or offered for sale in this state:
25	25	(A) a person that manufactures a covered battery
26	26	and sells or offers for sale that covered battery in this state
27	27	under the person's own name or brand;
28	28	(B) a person other than a person described by
29	29	Paragraph (A) that owns or licenses a trademark or brand under which
30	30	a covered battery is sold or offered for sale whether or not the
31	31	trademark is registered; or
32	32	(C) a person other than a person described by
33	33	Paragraph (A) or (B), including a wholesaler or retailer, that
34	34	imports a covered battery into this state for sale.
35	35	(5) "Recycling" means any process in which discarded
36	36	covered batteries, components, and by-products are transformed
37	37	into new usable or marketable materials in a manner in which the
38	38	original products may lose their identity. The term does not
39	39	include the use of incineration for energy recovery.
40	40	(6) "Retailer" means a person that offers covered
41	41	batteries for sale at retail in this state through any means,
42	42	including remote offerings such as sales outlets, catalogs, or an
43	43	Internet website.
44	44	(7) "Stewardship organization" means an organization
45	45	appointed by two or more producers to act as an agent on behalf of
46	46	the producers to design, submit, implement, and administer a
47	47	stewardship program under this subchapter.
48	48	(8) "Stewardship program" means a program described by
49	49	Section 361.474.
50	50	(9) "Wholesaler" means a person that offers for sale
51	51	in this state, other than a retail sale, covered batteries intended
52	52	for retail sale.
53	53	Sec. 361.472. APPLICABILITY. (a) This subchapter applies
54	54	to:
55	55	(1) a non-rechargeable battery that weighs two
56	56	kilograms or less, including alkaline, carbon-zinc, and lithium
57	57	metal batteries;
58	58	(2) a product that contains or is packed with a battery
59	59	described by Subdivision (1);
60	60	(3) a battery that:
61	61	(A) is one or more voltaic or galvanic cells
62	62	electrically connected to produce electric energy and designed to
63	63	be recharged and that weighs less than five kilograms; or
64	64	(B) is a battery pack designed to be recharged,
65	65	that weighs less than five kilograms, and that is designed to
66	66	provide less than 40 volts direct current; and
67	67	(4) a product that contains or is packed with a battery
68	68	described by Subdivision (3).
69	69	(b) This subchapter does not apply to:
70	70	(1) a product described by Subsection (a)(2) or (4)
71	71	from which the battery is not easily removed or is not intended or
72	72	designed to be removed, other than by the manufacturer;
73	73	(2) a medical device that is a device as defined by 21
74	74	U.S.C. Section 321(h), if the device or battery included in the
75	75	device must be treated as infectious waste when the device or
76	76	battery is discarded; or
77	77	(3) a battery described by Subsection (a)(3) that:
78	78	(A) is not easily removed or is not intended or
79	79	designed to be removed from a product described by Subsection
80	80	(a)(4), other than by the manufacturer;
81	81	(B) contains electrolyte as a free liquid; or
82	82	(C) employs lead-acid technology, unless the
83	83	battery:
84	84	(i) is sealed;
85	85	(ii) contains no liquid electrolyte; and
86	86	(iii) is intended by its manufacturer to
87	87	power a handheld device or to provide uninterrupted backup
88	88	electrical power protection for stationary consumer products or
89	89	stationary office equipment.
90	90	Sec. 361.473. SALES PROHIBITED. (a) A producer of a
91	91	covered battery may not sell, offer for sale, or deliver to a
92	92	retailer for subsequent sale a covered battery unless the producer
93	93	or the stewardship organization in which the producer is
94	94	participating implements a stewardship program approved by the
95	95	commission under Section 361.474.
96	96	(b) A retailer or wholesaler may not sell or offer for sale a
97	97	covered battery unless the producer of the covered battery is
98	98	implementing a stewardship program approved by the commission under
99	99	Section 361.474 or is a member of a stewardship organization
100	100	implementing a stewardship program approved by the commission under
101	101	Section 361.474.
102	102	Sec. 361.474. STEWARDSHIP PROGRAM; COMMISSION APPROVAL OF
103	103	PROGRAM. (a) A producer of a covered battery that sells, offers
104	104	for sale, or delivers to a retailer for a subsequent sale a covered
105	105	battery in this state shall, individually or as part of a
106	106	stewardship organization, implement a stewardship program approved
107	107	by the commission that:
108	108	(1) in each council of government region of this
109	109	state, provides for the collection of covered batteries from
110	110	consumers at no cost to consumers; and
111	111	(2) prohibits a producer from refusing to collect a
112	112	covered battery based on the brand or producer of the covered
113	113	battery.
114	114	(b) A stewardship program submitted to the commission for
115	115	approval must include:
116	116	(1) the fee prescribed by the commission under
117	117	Subsection (e);
118	118	(2) a list of all producers participating in the
119	119	program and the brands of covered batteries subject to the program;
120	120	(3) a description of the method that will be used to
121	121	responsibly manage discarded covered batteries to ensure, to the
122	122	extent economically and technically feasible, that the components
123	123	of the discarded covered batteries are recycled or otherwise
124	124	managed responsibly;
125	125	(4) a description of the manner in which the program
126	126	will use existing covered battery collection points;
127	127	(5) an education and outreach program and a
128	128	description of:
129	129	(A) the outreach procedures that will be used to
130	130	provide notice of the program to businesses, retailers,
131	131	wholesalers, haulers, local governmental entities, and the public;
132	132	and
133	133	(B) planned public educational activities that,
134	134	at a minimum, notify the public:
135	135	(i) that there is a free collection program
136	136	for all covered batteries; and
137	137	(ii) of the location of collection points
138	138	and how to access the collection program;
139	139	(6) a collection rate performance goal for the brands
140	140	of covered batteries subject to the program; and
141	141	(7) if the program is submitted by a stewardship
142	142	organization or a producer that does not operate a physical retail
143	143	location in this state, a description of how the program will
144	144	provide convenient, free, statewide collection opportunities for
145	145	discarded covered batteries.
146	146	(c) Not later than 30 days after receipt of a stewardship
147	147	program by the commission, including a program that is resubmitted
148	148	under Subsection (d), the commission shall approve or disapprove
149	149	the program. The commission shall approve the program if the
150	150	program demonstrates to the commission's satisfaction that the
151	151	program will comply with the requirements of Subsection (b).
152	152	(d) If the commission disapproves a stewardship program,
153	153	the commission shall notify the producer or stewardship
154	154	organization in writing of the reasons for disapproval of the
155	155	program. A producer or organization whose program has been
156	156	disapproved by the commission must amend and resubmit the program
157	157	to the commission not later than 45 days after receiving the notice
158	158	of disapproval.
159	159	(e) A producer or stewardship organization must pay an
160	160	application fee in an amount determined by the commission by rule.
161	161	(f) The commission shall deposit fees collected under this
162	162	section to the credit of the covered battery stewardship account.
163	163	Sec. 361.475. REPORT. (a) Not later than September 1 of
164	164	each year, a producer or a stewardship organization shall submit to
165	165	the commission a report that includes:
166	166	(1) a description of the activities carried out under
167	167	the program during the preceding 12 months;
168	168	(2) the weight of covered batteries collected by the
169	169	producer or the stewardship organization during the preceding 12
170	170	months;
171	171	(3) the locations for all collection points set up by
172	172	the covered battery producers covered by the program and contact
173	173	information for each location;
174	174	(4) the manner in which the collected covered
175	175	batteries were sorted, consolidated, and processed; and
176	176	(5) examples and a description of educational
177	177	materials used to increase collection.
178	178	(b) When a producer or stewardship organization submits the
179	179	report, the producer or organization shall pay an administrative
180	180	fee in an amount determined by the commission by rule.
181	181	(c) The commission shall deposit fees collected under this
182	182	section to the credit of the covered battery stewardship account.
183	183	Sec. 361.476. COVERED BATTERY STEWARDSHIP ACCOUNT.
184	184	(a) The covered battery stewardship account is an account in the
185	185	general revenue fund that consists of:
186	186	(1) fees collected under Sections 361.474 and 361.475;
187	187	(2) administrative penalties collected under
188	188	Subchapter C, Chapter 7, Water Code, for violations of this
189	189	subchapter;
190	190	(3) civil penalties collected under Subchapter D,
191	191	Chapter 7, Water Code, for violations of this subchapter; and
192	192	(4) interest earned on the money in the account,
193	193	notwithstanding Section 404.071, Government Code.
194	194	(b) Money in the account may be appropriated only to the
195	195	commission to implement and administer this subchapter.
196	196	Sec. 361.477. COMMISSION ORDER. The commission may order a
197	197	producer or stewardship organization to revise the program and to
198	198	take other actions necessary to comply with this subchapter.
199	199	Sec. 361.478. ENFORCEMENT. (a) The commission may audit
200	200	or inspect a producer, stewardship organization, retailer, or
201	201	wholesaler to ensure compliance with this subchapter and rules
202	202	adopted under this subchapter.
203	203	(b) The commission and the attorney general, as
204	204	appropriate, shall enforce this subchapter and, except as provided
205	205	by Subsections (d) and (e), take enforcement action against a
206	206	producer, stewardship organization, retailer, or wholesaler.
207	207	(c) The executive director or the attorney general may
208	208	institute a suit under Section 7.032, Water Code, to enjoin an
209	209	activity related to the sale of a covered battery in violation of
210	210	this subchapter.
211	211	(d) The commission shall issue a warning notice to a person
212	212	on the person's first violation of this subchapter. The person
213	213	must comply with this subchapter not later than the 60th day after
214	214	the date the warning notice is issued.
215	215	(e) A retailer or wholesaler who receives a warning notice
216	216	from the commission that the retailer's or wholesaler's inventory
217	217	violates this subchapter because it includes covered batteries from
218	218	a producer that is not in compliance with this subchapter must bring
219	219	the inventory into compliance with this subchapter not later than
220	220	the 60th day after the date the warning notice is issued.
221	221	(f) An administrative or civil penalty collected under
222	222	Subchapter C or D, Chapter 7, Water Code, for a violation of this
223	223	subchapter shall be deposited to the credit of the covered battery
224	224	stewardship account.
225	225	SECTION 2. (a) Not later than February 1, 2016, the Texas
226	226	Commission on Environmental Quality shall adopt any rules or forms
227	227	needed to implement Subchapter P, Chapter 361, Health and Safety
228	228	Code, as added by this Act.
229	229	(b) Not later than March 1, 2016, the Texas Commission on
230	230	Environmental Quality shall begin accepting plans seeking approval
231	231	for and approving stewardship programs established under
232	232	Subchapter P, Chapter 361, Health and Safety Code, as added by this
233	233	Act.
234	234	(c) A producer of covered batteries is not required to
235	235	implement a stewardship program under Subchapter P, Chapter 361,
236	236	Health and Safety Code, as added by this Act, before September 1,
237	237	2016.
238	238	(d) This Act may not be enforced before September 1, 2016.
239	239	(e) The first report required by Section 361.475, Health and
240	240	Safety Code, as added by this Act, is due September 1, 2018.
241	241	SECTION 3. This Act takes effect immediately if it receives
242	242	a vote of two-thirds of all the members elected to each house, as
243	243	provided by Section 39, Article III, Texas Constitution. If this
244	244	Act does not receive the vote necessary for immediate effect, this
245	245	Act takes effect September 1, 2015.