85R9768 SLB-D
By: Walle H.B. No. 2046
A BILL TO BE ENTITLED
AN ACT
relating to the amount of the solid waste disposal fee and the
allocation of revenue from that fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 361.013(a), Health and Safety Code, is
amended to read as follows:
(a) Except as provided by Subsections (e) through (i), the
commission shall charge a fee on all solid waste that is disposed of
within this state. The fee is $1.25 [94 cents] per ton received for
disposal at a municipal solid waste landfill if the solid waste is
measured by weight. If the solid waste is measured by volume, the
fee for compacted solid waste is 40 [30] cents per cubic yard and
the fee for uncompacted solid waste is 25 [19] cents per cubic yard
received for disposal at a municipal solid waste landfill. The
commission shall set the fee for sludge or similar waste applied to
the land for beneficial use on a dry weight basis and for solid
waste received at an incinerator or a shredding and composting
facility at half the fee set for solid waste received for disposal
at a landfill. The commission may charge comparable fees for other
means of solid waste disposal that are used.
SECTION 2. Sections 361.014(a) and (b), Health and Safety
Code, are amended to read as follows:
(a) Revenue received by the commission under Section
361.013 shall be deposited in the state treasury to the credit of
the commission. Of that revenue, 50 [66.7] percent is dedicated to
the commission's municipal solid waste permitting programs,
enforcement programs, and site remediation programs, and to pay for
activities that will enhance the state's solid waste management
program. The commission shall issue a biennial report to the
legislature describing in detail how the money was spent. The
activities to enhance the state's solid waste management program
may include:
(1) provision of funds for the municipal solid waste
management planning fund and the municipal solid waste resource
recovery applied research and technical assistance fund
established by the Comprehensive Municipal Solid Waste Management,
Resource Recovery, and Conservation Act (Chapter 363);
(2) conduct of demonstration projects and studies to
help local governments of various populations and the private
sector to convert to accounting systems and set rates that reflect
the full costs of providing waste management services and are
proportionate to the amount of waste generated;
(3) provision of technical assistance to local
governments concerning solid waste management;
(4) establishment of a solid waste resource center in
the commission and an office of waste minimization and recycling;
(5) provision of supplemental funding to local
governments for the enforcement of this chapter, the Texas Litter
Abatement Act (Chapter 365 of this code), and Chapters 391 and 683,
Transportation Code;
(6) conduct of a statewide public awareness program
concerning solid waste management;
(7) provision of supplemental funds for other state
agencies with responsibilities concerning solid waste management,
recycling, and other initiatives with the purpose of diverting
recyclable waste from landfills;
(8) conduct of research to promote the development and
stimulation of markets for recycled waste products;
(9) creation of a state municipal solid waste
superfund, from funds appropriated, for:
(A) the cleanup of unauthorized tire dumps and
solid waste dumps for which a responsible party cannot be located or
is not immediately financially able to provide the cleanup;
(B) the cleanup or proper closure of abandoned or
contaminated municipal solid waste sites for which a responsible
party is not immediately financially able to provide the cleanup;
and
(C) remediation, cleanup, and proper closure of
unauthorized recycling sites for which a responsible party is not
immediately financially able to perform the remediation, cleanup,
and closure;
(10) provision of funds to mitigate the economic and
environmental impacts of lead-acid battery recycling activities on
local governments;
(11) provision of funds for the conduct of research by
a public or private entity to assist the state in developing new
technologies and methods to reduce the amount of municipal waste
disposed of in landfills; and
(12) provision of funds for grants to encourage
entities located in an affected county or a nonattainment area, as
defined by Section 386.001, to convert heavy-duty vehicles used for
municipal solid waste collection into vehicles powered by natural
gas engines.
(b) Of the revenue received by the commission under Section
361.013, 50 [33.3] percent is dedicated to local and regional solid
waste projects consistent with regional plans approved by the
commission in accordance with this chapter and to update and
maintain those plans. Those revenues shall be allocated to
municipal solid waste geographic planning regions for use by local
governments and regional planning commissions according to a
formula established by the commission that takes into account
population, area, solid waste fee generation, and public health
needs. Each planning region shall issue a biennial report to the
legislature detailing how the revenue is spent. A project or
service funded under this subsection must promote cooperation
between public and private entities and may not be otherwise
readily available or create a competitive advantage over a private
industry that provides recycling or solid waste services.
SECTION 3. The changes in law made by this Act to Sections
361.013 and 361.014, Health and Safety Code, apply only to a fee
collected on or after the effective date of this Act. A fee
collected before the effective date of this Act is governed by the
law in effect when the fee was collected, and the former law is
continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2017.