86R14483 MP-F
By: Thompson of Brazoria H.B. No. 286
Substitute the following for H.B. No. 286:
By: Lozano C.S.H.B. No. 286
A BILL TO BE ENTITLED
AN ACT
relating to promotion of the use of recyclable materials as
feedstock for processing and manufacturing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 361, Health and Safety
Code, is amended by adding Section 361.0152 to read as follows:
Sec. 361.0152. STIMULATE USE OF RECYCLABLE MATERIAL. (a)
In this section:
(1) "Manufacturer" means a facility that uses
postconsumer or postindustrial derived recyclable material to
create a finished product for sale or trade.
(2) "Principal processor" means a facility that
receives recyclable materials from generators or collection
programs and sorts, cleans, screens, bales, densifies, cures, or
creates product that is ready for beneficial reuse immediately
after processing or is ready to be used as a feedstock by a
subsequent processor or manufacturer.
(3) "Recyclable material" includes paper, plastic,
metal, glass, vegetative waste, compost, mulch, tires, electronic
waste, construction and demolition debris, batteries, and paint.
(b) This section does not apply to ferrous or nonferrous
metals recycled by a metal recycling entity as defined by Section
1956.001, Occupations Code.
(c) In cooperation with the Texas Economic Development and
Tourism Office, the commission shall produce a plan to stimulate
the use of recyclable materials as feedstock in processing and
manufacturing.
(d) The plan must:
(1) identify the quantity and type of recyclable
materials that are being recycled from municipal and industrial
sources;
(2) identify and estimate the quantity and type of
recyclable materials that are generated but not being recycled;
(3) identify and estimate the current economic
benefits of recycling materials and the potential economic benefits
to be gained by recycling materials identified under Subdivision
(2);
(4) identify the location, processing capacity, and
consumption capacity of existing principal processors and
manufacturers;
(5) identify the barriers to increasing the use of
recyclable materials as feedstock for principal processors and
manufacturers and means to eliminate those barriers;
(6) identify and estimate the need and type of
principal processing and manufacturing facilities necessary to
consume the existing and potential volumes of recyclable materials;
and
(7) recommend institutional, financial,
administrative, and physical methods, means, and processes that
could be applied by this state and by local governments to:
(A) increase the use of recyclable materials;
(B) stimulate the use of recyclable materials by
principal processors and manufacturers; and
(C) encourage the expansion of existing
principal processors and manufacturers and the development of new
principal processors and manufacturers that use recyclable
materials.
(e) The plan may not require a generator, collector, or
processor of recyclable materials to ship to or use a particular
processing or manufacturing facility.
(f) To the extent practicable in preparing the plan, the
commission shall use methodologies and information derived from
other recycling economic studies already performed.
(g) The commission shall update the plan every four years,
and in a year in which the plan is updated, the plan shall be
included in the annual summary of municipal solid waste management
produced by the municipal solid waste permits section of the
commission and delivered to the governor and legislature.
(h) In cooperation with other state agencies, the
commission shall develop an education program intended for the
public using billboards, public service announcements, social
media, and other methods that must include:
(1) the economic benefits of recycling, including job
creation, economic impact, percent of total municipal and
industrial solid waste recycled, weight and volume of municipal and
industrial solid waste recycled, and taxes and fees paid by the
recycling industry;
(2) a spotlight of collectors and processors of
recyclable materials and manufacturers based in this state that are
using recyclable materials as feedstock; and
(3) the detrimental effects of contamination in the
recyclable materials stream and the need to reduce those effects.
(i) The commission shall update the education program
required by Subsection (h) at least every four years.
(j) The commission may enter into contracts with public,
private, and nonprofit organizations to produce the plan required
by Subsection (c) and the education program required by Subsection
(h).
SECTION 2. (a) Not later than September 1, 2020, the Texas
Commission on Environmental Quality and the Texas Economic
Development and Tourism Office shall prepare and deliver to the
governor and the Municipal Solid Waste Management and Resource
Recovery Advisory Council a progress report on the initial plan and
education program required under Section 361.0152, Health and
Safety Code, as added by this Act.
(b) Not later than September 1, 2021, the Texas Commission
on Environmental Quality and the Texas Economic Development and
Tourism Office shall complete and make publicly available the
initial plan and implement the education program required under
Section 361.0152, Health and Safety Code, as added by this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.