Texas 2019 - 86th Regular

Texas Senate Bill SB649 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 649
	1	+	By: Zaffirini, et al. S.B. No. 649
	2	+	(Thompson of Brazoria)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to promotion of the use of recyclable materials as
6	8		feedstock for processing and manufacturing.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Subchapter B, Chapter 361, Health and Safety
9	11		Code, is amended by adding Section 361.0152 to read as follows:
10	12		Sec. 361.0152. STIMULATE USE OF RECYCLABLE MATERIAL.
11	13		(a) In this section:
12	14		(1) "Manufacturer" means a facility that uses
13	15		postconsumer or postindustrial derived recyclable material to
14	16		create a finished product for sale or trade.
15	17		(2) "Principal processor" means a facility that
16	18		receives recyclable materials from generators or collection
17	19		programs and sorts, cleans, screens, bales, densifies, cures, or
18	20		creates product that is ready for beneficial reuse immediately
19	21		after processing or is ready to be used as a feedstock by a
20	22		subsequent processor or manufacturer.
21	23		(3) "Recyclable material" includes paper, plastic,
22	24		metal, glass, vegetative waste, compost, mulch, tires, electronic
23	25		waste, construction and demolition debris, batteries, and paint.
24	26		(b) This section does not apply to ferrous or nonferrous
25	27		metals recycled by a metal recycling entity as defined by Section
26	28		1956.001, Occupations Code.
27	29		(c) In cooperation with the Texas Economic Development and
28	30		Tourism Office, the commission shall produce a plan to stimulate
29	31		the use of recyclable materials as feedstock in processing and
30	32		manufacturing.
31	33		(d) The plan must:
32	34		(1) identify the quantity and type of recyclable
33	35		materials that are being recycled from municipal and industrial
34	36		sources;
35	37		(2) identify and estimate the quantity and type of
36	38		recyclable materials that are generated but not being recycled;
37	39		(3) identify and estimate the current economic
38	40		benefits of recycling materials and the potential economic benefits
39	41		to be gained by recycling materials identified under Subdivision
40	42		(2);
41	43		(4) identify the location, processing capacity, and
42	44		consumption capacity of existing principal processors and
43	45		manufacturers;
44	46		(5) identify the barriers to increasing the use of
45	47		recyclable materials as feedstock for principal processors and
46	48		manufacturers and means to eliminate those barriers;
47	49		(6) identify and estimate the need and type of
48	50		principal processing and manufacturing facilities necessary to
49	51		consume the existing and potential volumes of recyclable materials;
50	52		and
51	53		(7) recommend institutional, financial,
52	54		administrative, and physical methods, means, and processes that
53	55		could be applied by this state and by local governments to:
54	56		(A) increase the use of recyclable materials;
55	57		(B) stimulate the use of recyclable materials by
56	58		principal processors and manufacturers; and
57	59		(C) encourage the expansion of existing
58	60		principal processors and manufacturers and the development of new
59	61		principal processors and manufacturers that use recyclable
60	62		materials.
61	63		(e) The plan may not require a generator, collector, or
62	64		processor of recyclable materials to ship to or use a particular
63	65		processing or manufacturing facility.
64	66		(f) To the extent practicable in preparing the plan, the
65	67		commission shall use methodologies and information derived from
66	68		other recycling economic studies already performed.
67	69		(g) The commission shall update the plan every four years,
68	70		and in a year in which the plan is updated, the plan shall be
69	71		included in the annual summary of municipal solid waste management
70	72		produced by the municipal solid waste permits section of the
71	73		commission and delivered to the governor and legislature.
72	74		(h) In cooperation with other state agencies, including the
73	75		governor's office, the commission shall develop an education
74	76		program intended for the public that must include:
75	77		(1) the economic benefits of recycling, including job
76	78		creation, economic impact, percent of total municipal and
77	79		industrial solid waste recycled, weight and volume of municipal and
78	80		industrial solid waste recycled, and taxes and fees paid by the
79	81		recycling industry;
80	82		(2) a spotlight of collectors and processors of
81	83		recyclable materials and manufacturers based in this state that are
82	84		using recyclable materials as feedstock; and
83	85		(3) the detrimental effects of contamination in the
84	86		recyclable materials stream and the need to reduce those effects.
85	87		(i) The commission shall update the education program
86	88		required by Subsection (h) at least every four years.
87	89		(j) The commission may enter into contracts with public,
88	90		private, and nonprofit organizations to produce the plan required
89	91		by Subsection (c) and the education program required by Subsection
90	92		(h).
91	93		SECTION 2. (a) Not later than September 1, 2020, the Texas
92	94		Commission on Environmental Quality and the Texas Economic
93	95		Development and Tourism Office shall prepare and deliver to the
94	96		governor and the Municipal Solid Waste Management and Resource
95	97		Recovery Advisory Council a progress report on the initial plan and
96	98		education program required under Section 361.0152, Health and
97	99		Safety Code, as added by this Act.
98	100		(b) Not later than September 1, 2021, the Texas Commission
99	101		on Environmental Quality and the Texas Economic Development and
100	102		Tourism Office shall complete and make publicly available the
101	103		initial plan and implement the education program required under
102	104		Section 361.0152, Health and Safety Code, as added by this Act.
103	105		SECTION 3. The Texas Economic Development and Tourism
104	106		Office in the office of the governor and the Texas Commission on
105	107		Environmental Quality are required to implement Sections
106	108		361.0152(c)-(g), Health and Safety Code, as added by this Act, only
107	109		if the legislature appropriates money specifically for that
108	110		purpose. If the legislature does not appropriate money
109	111		specifically for that purpose, the Texas Economic Development and
110	112		Tourism Office in the office of the governor and the Texas
111	113		Commission on Environmental Quality may, but are not required to,
112	114		implement those provisions of this Act using other appropriations
113	115		available for that purpose.
114	116		SECTION 4. This Act takes effect immediately if it receives
115	117		a vote of two-thirds of all the members elected to each house, as
116	118		provided by Section 39, Article III, Texas Constitution. If this
117	119		Act does not receive the vote necessary for immediate effect, this
118	120		Act takes effect September 1, 2019.
119		-	______________________________ ______________________________
120		-	President of the Senate Speaker of the House
121		-	I hereby certify that S.B. No. 649 passed the Senate on
122		-	April 23, 2019, by the following vote: Yeas 20, Nays 11.
123		-	______________________________
124		-	Secretary of the Senate
125		-	I hereby certify that S.B. No. 649 passed the House on
126		-	May 7, 2019, by the following vote: Yeas 120, Nays 24, one
127		-	present not voting.
128		-	______________________________
129		-	Chief Clerk of the House
130		-	Approved:
131		-	______________________________
132		-	Date
133		-	______________________________
134		-	Governor