Texas 2019 - 86th Regular

Texas Senate Bill SB2308 Compare Versions

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

Old	New	Differences
1	1	By: Taylor S.B. No. 2308
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to a study by the comptroller on the feasibility and
7	7	desirability of implementing a recycling program that collects fees
8	8	and issues rebates for certain materials.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. (a) In this section:
11	11	(1) "Beverage container" means a plastic vessel that:
12	12	(A) is made of polyethylene terephthalate and has
13	13	the plastic resin symbol 1 as described by Section 369.002(d);
14	14	(B) is hermetically sealed or capped; and
15	15	(C) contains a beverage at the time it is sold or
16	16	offered for sale.
17	17	(2) "Comptroller" means the comptroller of public
18	18	accounts.
19	19	(3) "Processor" means an entity that sells beverage
20	20	containers, single-use bags, single-use cups, or other material to
21	21	a recycler, material recovery facility, or baling center.
22	22	(4) "Rebate center" means an operation that accepts
23	23	beverage containers, single-use bags, single-use cups, or other
24	24	material and issues a cash rebate or a redeemable credit slip with a
25	25	value not less than the material's rebate value.
26	26	(5) "Retailer" means a person who sells or provides to
27	27	a consumer a beverage container, single-use bag, or single-use cup.
28	28	The term includes the owner or operator of a beverage vending
29	29	machine.
30	30	(6) "Single-use cup" means a cup made of plastic,
31	31	including polystyrene, paper, or laminate material used to contain
32	32	a beverage purchased from a retailer.
33	33	(7) "Single-use bag" means a bag provided by a
34	34	business establishment to a consumer at the point of sale for the
35	35	purpose of transporting a purchase. The term does not include a
36	36	carry out bag that:
37	37	(A) is specifically designed and manufactured to
38	38	be used multiple times;
39	39	(B) displays highly visible language on the
40	40	exterior of bag describing the bag's ability to be reused and
41	41	recycled;
42	42	(C) has a handle; and
43	43	(D) is constructed out of:
44	44	(i) cloth or other durable materials
45	45	whether woven or non-woven;
46	46	(ii) recyclable plastic with a minimum
47	47	thickness of 4 millimeters; or
48	48	(iii) recyclable paper.
49	49	(b) The comptroller shall conduct a study to determine the
50	50	feasibility and desirability of implementing a recycling program in
51	51	which:
52	52	(1) a retailer collects from a consumer a fee for each
53	53	beverage container, single-use bag, or single-use cup the retailer
54	54	sells or distributes to the consumer;
55	55	(2) a retailer remits a fee collected from a consumer
56	56	to the comptroller;
57	57	(3) an individual may return a beverage container,
58	58	single-use bag, single-use cup, or other material to a rebate
59	59	center and receive a refund for the material;
60	60	(4) a rebate center is reimbursed by the comptroller
61	61	for rebates paid; and
62	62	(5) a handling fee is paid by the comptroller to a
63	63	processor of recyclable material.
64	64	(c) The study must evaluate:
65	65	(1) the effect that different purchase fees,
66	66	reimbursement rates, and processing fees would have on the
67	67	effectiveness of the program;
68	68	(2) the effect or desirability of the program
69	69	providing fee payment exemptions to certain consumers, including
70	70	consumers who receive assistance from:
71	71	(A) the supplemental nutrition assistance
72	72	program established under Chapter 33, Human Resources Code;
73	73	(B) the federal special supplemental nutrition
74	74	program for women, infants, and children authorized by 42 U.S.C.
75	75	Section 1786; or
76	76	(C) another food assistance program recognized
77	77	by the comptroller;
78	78	(3) the effect of the program providing for the
79	79	suspension of collection of a fee during a state of disaster
80	80	declared by:
81	81	(A) the president of the United States under the
82	82	Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
83	83	U.S.C. Section 5121 et seq.);
84	84	(B) the governor under Section 418.014,
85	85	Government Code; or
86	86	(4) appropriate standards and criteria for the
87	87	establishment of rebate centers;
88	88	(5) who would best admister the program, including
89	89	administration by a non-governmental organization;
90	90	(6) whether the fees generated under the program would
91	91	be sufficient to fund other programs, including:
92	92	(A) grants for litter and illegal dumping
93	93	abatement and enforcement programs;
94	94	(B) flood prevention, mitigation, or recovery
95	95	programs;
96	96	(C) providing matching funds required under the
97	97	Hazard Mitigation Assistance Grant Program administered by the
98	98	Federal Emergency Management Agency; or
99	99	(D) providing matching funds require in a Project
100	100	Partnership Agreement with the United States Army Corps of
101	101	Engineers.
102	102	(c) In conducting the study the comptroller shall consult
103	103	with stakeholders, including:
104	104	(1) producers of beverage containers, single-use
105	105	bags, and single-use cups;
106	106	(2) retailers who sell beverage containers;
107	107	(3) retailers who use single-use bags and single-use
108	108	cups;
109	109	(4) processors of beverage containers, film plastic,
110	110	and single-use cups;
111	111	(5) recyclers of beverage containers, plastic film,
112	112	and single-use cups;
113	113	(6) representatives of the packaging industry
114	114	utilizing eligible material as recycled content;
115	115	(7) representatives of a statewide organization
116	116	focused on floating litter prevention, mitigation, and abatement;
117	117	and
118	118	(8) representatives of county law enforcement.
119	119	(d) Not later than December 1, 2020, the comptroller shall
120	120	deliver a report to the lieutenant governor, the speaker of the
121	121	house of representatives, and the committee in each house of the
122	122	legislature that has primary jurisdiction over environmental
123	123	matters about the results of the study.
124	124	(e) This Act expires January 1, 2021.
125	125	SECTION 2. This Act takes effect September 1, 2019.