| Old | New | Differences | |
|---|---|---|---|
| 1 | - | ||
| 1 | + | 86R2692 MP-F | |
| 2 | 2 | By: Thompson of Brazoria H.B. No. 286 | |
| 3 | - | Substitute the following for H.B. No. 286: | |
| 4 | - | By: Lozano C.S.H.B. No. 286 | |
| 5 | 3 | ||
| 6 | 4 | ||
| 7 | 5 | A BILL TO BE ENTITLED | |
| 8 | 6 | AN ACT | |
| 9 | 7 | relating to promotion of the use of recyclable materials as | |
| 10 | - | feedstock for | |
| 8 | + | feedstock for manufacturing. | |
| 11 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 12 | - | SECTION 1. Subchapter B, Chapter 361, Health and Safety | |
| 13 | - | Code, is amended by adding Section 361.0152 to read as follows: | |
| 14 | - | Sec. 361.0152. STIMULATE USE OF RECYCLABLE MATERIAL. (a) | |
| 15 | - | In this section: | |
| 16 | - | (1) "Manufacturer" means a facility that uses | |
| 17 | - | postconsumer or postindustrial derived recyclable material to | |
| 18 | - | create a finished product for sale or trade. | |
| 19 | - | (2) "Principal processor" means a facility that | |
| 20 | - | receives recyclable materials from generators or collection | |
| 21 | - | programs and sorts, cleans, screens, bales, densifies, cures, or | |
| 22 | - | creates product that is ready for beneficial reuse immediately | |
| 23 | - | after processing or is ready to be used as a feedstock by a | |
| 24 | - | subsequent processor or manufacturer. | |
| 25 | - | (3) "Recyclable material" includes paper, plastic, | |
| 26 | - | metal, glass, vegetative waste, compost, mulch, tires, electronic | |
| 27 | - | waste, construction and demolition debris, batteries, and paint. | |
| 28 | - | (b) This section does not apply to ferrous or nonferrous | |
| 29 | - | metals recycled by a metal recycling entity as defined by Section | |
| 30 | - | 1956.001, Occupations Code. | |
| 10 | + | SECTION 1. Section 361.0151, Health and Safety Code, is | |
| 11 | + | amended by amending Subsection (b) and adding Subsections (c), (d), | |
| 12 | + | (e), (f), (g), (h), (i), and (j) to read as follows: | |
| 13 | + | (b) The commission shall work in conjunction with the Texas | |
| 14 | + | Economic Development and Tourism Office [Department of Commerce] to | |
| 15 | + | pursue the development of markets for recycled materials, including | |
| 16 | + | composting products. | |
| 31 | 17 | (c) In cooperation with the Texas Economic Development and | |
| 32 | 18 | Tourism Office, the commission shall produce a plan to stimulate | |
| 33 | - | the use of recyclable materials as feedstock in processing and | |
| 34 | - | manufacturing. | |
| 19 | + | the use of recyclable materials as feedstock in manufacturing. | |
| 35 | 20 | (d) The plan must: | |
| 36 | 21 | (1) identify the quantity and type of recyclable | |
| 37 | - | materials that are being recycled from municipal and industrial | |
| 38 | - | sources; | |
| 22 | + | materials that are being recycled, including paper, plastic, metal, | |
| 23 | + | glass, vegetative waste, compost, mulch, tires, electronic waste, | |
| 24 | + | construction and demolition debris, batteries, and paint; | |
| 39 | 25 | (2) identify and estimate the quantity and type of | |
| 40 | 26 | recyclable materials that are generated but not being recycled; | |
| 41 | 27 | (3) identify and estimate the current economic | |
| 42 | 28 | benefits of recycling materials and the potential economic benefits | |
| 43 | 29 | to be gained by recycling materials identified under Subdivision | |
| 44 | 30 | (2); | |
| 45 | - | (4) identify the location, processing capacity, and | |
| 46 | - | consumption capacity of existing principal processors and | |
| 47 | - | manufacturers; | |
| 31 | + | (4) identify the location and processing capacity of | |
| 32 | + | existing manufacturers that use recyclable materials as feedstock; | |
| 48 | 33 | (5) identify the barriers to increasing the use of | |
| 49 | - | recyclable materials as feedstock for principal processors and | |
| 50 | - | manufacturers and means to eliminate those barriers; | |
| 34 | + | recyclable materials as feedstock for manufacturers; | |
| 51 | 35 | (6) identify and estimate the need and type of | |
| 52 | - | principal processing and manufacturing facilities necessary to | |
| 53 | - | consume the existing and potential volumes of recyclable materials; | |
| 54 | - | and | |
| 36 | + | manufacturing facilities necessary to consume the existing and | |
| 37 | + | potential volumes of recyclable materials; and | |
| 55 | 38 | (7) recommend institutional, financial, | |
| 56 | 39 | administrative, and physical methods, means, and processes that | |
| 57 | - | could be applied by this state and by local governments to: | |
| 58 | - | (A) increase the use of recyclable materials; | |
| 59 | - | (B) stimulate the use of recyclable materials by | |
| 60 | - | principal processors and manufacturers; and | |
| 61 | - | (C) encourage the expansion of existing | |
| 62 | - | principal processors and manufacturers and the development of new | |
| 63 | - | principal processors and manufacturers that use recyclable | |
| 64 | - | materials. | |
| 65 | - | (e) The plan may not require a generator, collector, or | |
| 66 | - | processor of recyclable materials to ship to or use a particular | |
| 67 | - | processing or manufacturing facility. | |
| 40 | + | could be applied to increase the use of recyclable materials and to | |
| 41 | + | stimulate the use of those materials by manufacturers. | |
| 42 | + | (e) The plan may not require any generator, collector, or | |
| 43 | + | processor of recyclable materials to ship to or use any particular | |
| 44 | + | manufacturing facility. | |
| 68 | 45 | (f) To the extent practicable in preparing the plan, the | |
| 69 | - | commission shall use methodologies and information derived | |
| 70 | - | other recycling economic studies already performed. | |
| 71 | - | (g) The commission shall update the plan every | |
| 46 | + | commission shall use methodologies, data, and information derived | |
| 47 | + | from other recycling economic studies already performed. | |
| 48 | + | (g) The commission shall update the plan every five years, | |
| 72 | 49 | and in a year in which the plan is updated, the plan shall be | |
| 73 | 50 | included in the annual summary of municipal solid waste management | |
| 74 | 51 | produced by the municipal solid waste permits section of the | |
| 75 | 52 | commission and delivered to the governor and legislature. | |
| 76 | 53 | (h) In cooperation with other state agencies, the | |
| 77 | - | commission shall develop an education program intended for the | |
| 78 | - | public using billboards, public service announcements, social | |
| 79 | - | media, and other methods that must include: | |
| 54 | + | commission shall develop an education program that must include: | |
| 80 | 55 | (1) the economic benefits of recycling, including job | |
| 81 | - | creation, economic impact, percent of total municipal and | |
| 82 | - | industrial solid waste recycled, weight and volume of municipal and | |
| 83 | - | industrial solid waste recycled, and taxes and fees paid by the | |
| 84 | - | recycling industry; | |
| 56 | + | creation, economic impact, percent of total solid waste recycled, | |
| 57 | + | weight and volume of solid waste recycled, and taxes and fees paid | |
| 58 | + | by the recycling industry; | |
| 85 | 59 | (2) a spotlight of collectors and processors of | |
| 86 | - | recyclable materials and manufacturers | |
| 87 | - | ||
| 60 | + | recyclable materials and manufacturers that are using recyclable | |
| 61 | + | materials as feedstock; and | |
| 88 | 62 | (3) the detrimental effects of contamination in the | |
| 89 | 63 | recyclable materials stream and the need to reduce those effects. | |
| 90 | 64 | (i) The commission shall update the education program | |
| 91 | - | required by Subsection (h) at least every | |
| 65 | + | required by Subsection (h) at least every five years. | |
| 92 | 66 | (j) The commission may enter into contracts with public, | |
| 93 | 67 | private, and nonprofit organizations to produce the plan required | |
| 94 | 68 | by Subsection (c) and the education program required by Subsection | |
| 95 | 69 | (h). | |
| 96 | - | SECTION 2. (a) Not later than September 1, 2020, the Texas | |
| 97 | - | Commission on Environmental Quality and the Texas Economic | |
| 98 | - | Development and Tourism Office shall prepare and deliver to the | |
| 99 | - | governor and the Municipal Solid Waste Management and Resource | |
| 100 | - | Recovery Advisory Council a progress report on the initial plan and | |
| 101 | - | education program required under Section 361.0152, Health and | |
| 102 | - | Safety Code, as added by this Act. | |
| 103 | - | (b) Not later than September 1, 2021, the Texas Commission | |
| 104 | - | on Environmental Quality and the Texas Economic Development and | |
| 105 | - | Tourism Office shall complete and make publicly available the | |
| 106 | - | initial plan and implement the education program required under | |
| 107 | - | Section 361.0152, Health and Safety Code, as added by this Act. | |
| 70 | + | SECTION 2. Not later than October 1, 2020, the Texas | |
| 71 | + | Commission on Environmental Quality shall complete the initial plan | |
| 72 | + | and education program required under Sections 361.0151(c) and (h), | |
| 73 | + | Health and Safety Code, as added by this Act. | |
| 108 | 74 | SECTION 3. This Act takes effect immediately if it receives | |
| 109 | 75 | a vote of two-thirds of all the members elected to each house, as | |
| 110 | 76 | provided by Section 39, Article III, Texas Constitution. If this | |
| 111 | 77 | Act does not receive the vote necessary for immediate effect, this | |
| 112 | 78 | Act takes effect September 1, 2019. |