By: Taylor S.B. No. 2308
A BILL TO BE ENTITLED
AN ACT
relating to a study by the comptroller on the feasibility and
desirability of implementing a recycling program that collects fees
and issues rebates for certain materials.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) In this section:
(1) "Beverage container" means a plastic vessel that:
(A) is made of polyethylene terephthalate and has
the plastic resin symbol 1 as described by Section 369.002(d);
(B) is hermetically sealed or capped; and
(C) contains a beverage at the time it is sold or
offered for sale.
(2) "Comptroller" means the comptroller of public
accounts.
(3) "Processor" means an entity that sells beverage
containers, single-use bags, single-use cups, or other material to
a recycler, material recovery facility, or baling center.
(4) "Rebate center" means an operation that accepts
beverage containers, single-use bags, single-use cups, or other
material and issues a cash rebate or a redeemable credit slip with a
value not less than the material's rebate value.
(5) "Retailer" means a person who sells or provides to
a consumer a beverage container, single-use bag, or single-use cup.
The term includes the owner or operator of a beverage vending
machine.
(6) "Single-use cup" means a cup made of plastic,
including polystyrene, paper, or laminate material used to contain
a beverage purchased from a retailer.
(7) "Single-use bag" means a bag provided by a
business establishment to a consumer at the point of sale for the
purpose of transporting a purchase. The term does not include a
carry out bag that:
(A) is specifically designed and manufactured to
be used multiple times;
(B) displays highly visible language on the
exterior of bag describing the bag's ability to be reused and
recycled;
(C) has a handle; and
(D) is constructed out of:
(i) cloth or other durable materials
whether woven or non-woven;
(ii) recyclable plastic with a minimum
thickness of 4 millimeters; or
(iii) recyclable paper.
(b) The comptroller shall conduct a study to determine the
feasibility and desirability of implementing a recycling program in
which:
(1) a retailer collects from a consumer a fee for each
beverage container, single-use bag, or single-use cup the retailer
sells or distributes to the consumer;
(2) a retailer remits a fee collected from a consumer
to the comptroller;
(3) an individual may return a beverage container,
single-use bag, single-use cup, or other material to a rebate
center and receive a refund for the material;
(4) a rebate center is reimbursed by the comptroller
for rebates paid; and
(5) a handling fee is paid by the comptroller to a
processor of recyclable material.
(c) The study must evaluate:
(1) the effect that different purchase fees,
reimbursement rates, and processing fees would have on the
effectiveness of the program;
(2) the effect or desirability of the program
providing fee payment exemptions to certain consumers, including
consumers who receive assistance from:
(A) the supplemental nutrition assistance
program established under Chapter 33, Human Resources Code;
(B) the federal special supplemental nutrition
program for women, infants, and children authorized by 42 U.S.C.
Section 1786; or
(C) another food assistance program recognized
by the comptroller;
(3) the effect of the program providing for the
suspension of collection of a fee during a state of disaster
declared by:
(A) the president of the United States under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. Section 5121 et seq.);
(B) the governor under Section 418.014,
Government Code; or
(4) appropriate standards and criteria for the
establishment of rebate centers;
(5) who would best admister the program, including
administration by a non-governmental organization;
(6) whether the fees generated under the program would
be sufficient to fund other programs, including:
(A) grants for litter and illegal dumping
abatement and enforcement programs;
(B) flood prevention, mitigation, or recovery
programs;
(C) providing matching funds required under the
Hazard Mitigation Assistance Grant Program administered by the
Federal Emergency Management Agency; or
(D) providing matching funds require in a Project
Partnership Agreement with the United States Army Corps of
Engineers.
(c) In conducting the study the comptroller shall consult
with stakeholders, including:
(1) producers of beverage containers, single-use
bags, and single-use cups;
(2) retailers who sell beverage containers;
(3) retailers who use single-use bags and single-use
cups;
(4) processors of beverage containers, film plastic,
and single-use cups;
(5) recyclers of beverage containers, plastic film,
and single-use cups;
(6) representatives of the packaging industry
utilizing eligible material as recycled content;
(7) representatives of a statewide organization
focused on floating litter prevention, mitigation, and abatement;
and
(8) representatives of county law enforcement.
(d) Not later than December 1, 2020, the comptroller shall
deliver a report to the lieutenant governor, the speaker of the
house of representatives, and the committee in each house of the
legislature that has primary jurisdiction over environmental
matters about the results of the study.
(e) This Act expires January 1, 2021.
SECTION 2. This Act takes effect September 1, 2019.