Texas 2017 - 85th Regular

Texas House Bill HB2046 Compare Versions

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

Old	New	Differences
1	1	85R9768 SLB-D
2	2	By: Walle H.B. No. 2046
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the amount of the solid waste disposal fee and the
8	8	allocation of revenue from that fee.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 361.013(a), Health and Safety Code, is
11	11	amended to read as follows:
12	12	(a) Except as provided by Subsections (e) through (i), the
13	13	commission shall charge a fee on all solid waste that is disposed of
14	14	within this state. The fee is $1.25 [94 cents] per ton received for
15	15	disposal at a municipal solid waste landfill if the solid waste is
16	16	measured by weight. If the solid waste is measured by volume, the
17	17	fee for compacted solid waste is 40 [30] cents per cubic yard and
18	18	the fee for uncompacted solid waste is 25 [19] cents per cubic yard
19	19	received for disposal at a municipal solid waste landfill. The
20	20	commission shall set the fee for sludge or similar waste applied to
21	21	the land for beneficial use on a dry weight basis and for solid
22	22	waste received at an incinerator or a shredding and composting
23	23	facility at half the fee set for solid waste received for disposal
24	24	at a landfill. The commission may charge comparable fees for other
25	25	means of solid waste disposal that are used.
26	26	SECTION 2. Sections 361.014(a) and (b), Health and Safety
27	27	Code, are amended to read as follows:
28	28	(a) Revenue received by the commission under Section
29	29	361.013 shall be deposited in the state treasury to the credit of
30	30	the commission. Of that revenue, 50 [66.7] percent is dedicated to
31	31	the commission's municipal solid waste permitting programs,
32	32	enforcement programs, and site remediation programs, and to pay for
33	33	activities that will enhance the state's solid waste management
34	34	program. The commission shall issue a biennial report to the
35	35	legislature describing in detail how the money was spent. The
36	36	activities to enhance the state's solid waste management program
37	37	may include:
38	38	(1) provision of funds for the municipal solid waste
39	39	management planning fund and the municipal solid waste resource
40	40	recovery applied research and technical assistance fund
41	41	established by the Comprehensive Municipal Solid Waste Management,
42	42	Resource Recovery, and Conservation Act (Chapter 363);
43	43	(2) conduct of demonstration projects and studies to
44	44	help local governments of various populations and the private
45	45	sector to convert to accounting systems and set rates that reflect
46	46	the full costs of providing waste management services and are
47	47	proportionate to the amount of waste generated;
48	48	(3) provision of technical assistance to local
49	49	governments concerning solid waste management;
50	50	(4) establishment of a solid waste resource center in
51	51	the commission and an office of waste minimization and recycling;
52	52	(5) provision of supplemental funding to local
53	53	governments for the enforcement of this chapter, the Texas Litter
54	54	Abatement Act (Chapter 365 of this code), and Chapters 391 and 683,
55	55	Transportation Code;
56	56	(6) conduct of a statewide public awareness program
57	57	concerning solid waste management;
58	58	(7) provision of supplemental funds for other state
59	59	agencies with responsibilities concerning solid waste management,
60	60	recycling, and other initiatives with the purpose of diverting
61	61	recyclable waste from landfills;
62	62	(8) conduct of research to promote the development and
63	63	stimulation of markets for recycled waste products;
64	64	(9) creation of a state municipal solid waste
65	65	superfund, from funds appropriated, for:
66	66	(A) the cleanup of unauthorized tire dumps and
67	67	solid waste dumps for which a responsible party cannot be located or
68	68	is not immediately financially able to provide the cleanup;
69	69	(B) the cleanup or proper closure of abandoned or
70	70	contaminated municipal solid waste sites for which a responsible
71	71	party is not immediately financially able to provide the cleanup;
72	72	and
73	73	(C) remediation, cleanup, and proper closure of
74	74	unauthorized recycling sites for which a responsible party is not
75	75	immediately financially able to perform the remediation, cleanup,
76	76	and closure;
77	77	(10) provision of funds to mitigate the economic and
78	78	environmental impacts of lead-acid battery recycling activities on
79	79	local governments;
80	80	(11) provision of funds for the conduct of research by
81	81	a public or private entity to assist the state in developing new
82	82	technologies and methods to reduce the amount of municipal waste
83	83	disposed of in landfills; and
84	84	(12) provision of funds for grants to encourage
85	85	entities located in an affected county or a nonattainment area, as
86	86	defined by Section 386.001, to convert heavy-duty vehicles used for
87	87	municipal solid waste collection into vehicles powered by natural
88	88	gas engines.
89	89	(b) Of the revenue received by the commission under Section
90	90	361.013, 50 [33.3] percent is dedicated to local and regional solid
91	91	waste projects consistent with regional plans approved by the
92	92	commission in accordance with this chapter and to update and
93	93	maintain those plans. Those revenues shall be allocated to
94	94	municipal solid waste geographic planning regions for use by local
95	95	governments and regional planning commissions according to a
96	96	formula established by the commission that takes into account
97	97	population, area, solid waste fee generation, and public health
98	98	needs. Each planning region shall issue a biennial report to the
99	99	legislature detailing how the revenue is spent. A project or
100	100	service funded under this subsection must promote cooperation
101	101	between public and private entities and may not be otherwise
102	102	readily available or create a competitive advantage over a private
103	103	industry that provides recycling or solid waste services.
104	104	SECTION 3. The changes in law made by this Act to Sections
105	105	361.013 and 361.014, Health and Safety Code, apply only to a fee
106	106	collected on or after the effective date of this Act. A fee
107	107	collected before the effective date of this Act is governed by the
108	108	law in effect when the fee was collected, and the former law is
109	109	continued in effect for that purpose.
110	110	SECTION 4. This Act takes effect September 1, 2017.