Texas 2021 - 87th Regular

Texas Senate Bill SB1276 Compare Versions

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

Old	New	Differences
1	1	87R8192 JAM-F
2	2	By: Taylor S.B. No. 1276
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to public health improvement and pollution reduction
8	8	through recycling incentives; assessing a fee.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle B, Title 5, Health and Safety Code, is
11	11	amended by adding Chapter 375 to read as follows:
12	12	CHAPTER 375. TEXAS CLEAN AND HEALTHY PROGRAM
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 375.0101. DEFINITIONS. In this chapter:
15	15	(1) "Beverage" means a nonalcoholic, carbonated, or
16	16	noncarbonated drink prepared in liquid, ready-to-drink form and
17	17	intended for human consumption. The term includes:
18	18	(A) soda;
19	19	(B) water, including mineral water and vitamin
20	20	water;
21	21	(C) carbonated water, including carbonated
22	22	mineral water;
23	23	(D) carbonated soft drinks;
24	24	(E) noncarbonated soft drinks and sport drinks;
25	25	(F) noncarbonated fruit drinks;
26	26	(G) energy drinks;
27	27	(H) coffee and tea drinks; and
28	28	(I) carbonated fruit drinks.
29	29	(2) "Beverage container" means a plastic vessel that:
30	30	(A) is made of polyethylene terephthalate and has
31	31	the plastic resin symbol 1 as described by Section 369.002(d);
32	32	(B) is hermetically sealed or capped; and
33	33	(C) contains a beverage at the time it is sold or
34	34	offered for sale.
35	35	(3) "Consumer" means a person who purchases or
36	36	receives for the person's own use or consumption a beverage
37	37	container, single-use bag, or single-use cup.
38	38	(4) "Council" means the Texas Clean and Healthy
39	39	Advisory Council.
40	40	(5) "Eligible material" means a beverage container,
41	41	single-use bag, single-use cup, plastic film or wrap or other
42	42	flexible plastic packaging, or other material subject to a fee and
43	43	eligible for a rebate under this chapter. The term does not include
44	44	a beverage container that:
45	45	(A) has a capacity of more than one gallon; or
46	46	(B) contains medical food or infant formula.
47	47	(6) "Medical food" means a food or beverage that is
48	48	formulated to be consumed or administered under the supervision of
49	49	a physician and that is intended for specific dietary management of
50	50	diseases or health conditions for which distinctive nutritional
51	51	requirements, based on recognized scientific principles, are
52	52	established by medical evaluation. The term also includes any
53	53	product that meets the definition of "medical food" under Section
54	54	5(b)(3), the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
55	55	Section 360ee).
56	56	(7) "Processor" means an entity that sells eligible
57	57	material to a recycler, material recovery facility, or baling
58	58	center.
59	59	(8) "Program" means the Texas clean and healthy
60	60	program.
61	61	(9) "Rebate" means a payment by a rebate center under
62	62	Section 375.0402 to a person who presents eligible material at the
63	63	rebate center.
64	64	(10) "Rebate center" means an operation approved by
65	65	the council to accept eligible material and issue a cash rebate or a
66	66	redeemable credit slip with a value not less than the material's
67	67	rebate value.
68	68	(11) "Recycler" means an entity that purchases
69	69	eligible material from a processor for the purposes of recycling.
70	70	(12) "Retailer" means a person who sells or provides
71	71	to a consumer a beverage container, single-use bag, or single-use
72	72	cup. The term includes the owner or operator of a beverage vending
73	73	machine.
74	74	(13) "Rural area" means an area that is not designated
75	75	as urbanized by the Bureau of the Census or under rules adopted by
76	76	the comptroller.
77	77	(14) "Single-use bag" means a bag provided by a
78	78	business establishment to a consumer at the point of sale for the
79	79	purpose of transporting a purchase. The term does not include a
80	80	carryout bag that:
81	81	(A) is specifically designed and manufactured to
82	82	be used multiple times;
83	83	(B) displays highly visible language on the
84	84	exterior of the bag describing the bag's ability to be reused and
85	85	recycled;
86	86	(C) has a handle; and
87	87	(D) is constructed out of cloth or other durable
88	88	materials whether woven or nonwoven.
89	89	(15) "Single-use cup" means a cup made of plastic,
90	90	including polystyrene, paper, or laminate material used to contain
91	91	a beverage purchased from a retailer.
92	92	(16) "Urban area" means an area that is designated as
93	93	urbanized by the Bureau of the Census or under rules adopted by the
94	94	comptroller.
95	95	Sec. 375.0102. ADMINISTRATION AND RULES. (a) The
96	96	comptroller shall administer the program with the advice of the
97	97	council.
98	98	(b) In administering the program, the comptroller shall:
99	99	(1) approve rebate centers under Section 375.0401;
100	100	(2) enforce compliance with the provisions of this
101	101	chapter;
102	102	(3) develop and implement a marketing plan to provide
103	103	information and educate consumers about the program;
104	104	(4) develop and maintain a publicly accessible
105	105	Internet website to provide information about the program,
106	106	including the location of rebate centers;
107	107	(5) develop a system for:
108	108	(A) approval of rebate centers and processors;
109	109	and
110	110	(B) reimbursement of deposits and rebates and for
111	111	distribution of handling fees;
112	112	(6) develop a system for monitoring the amount of
113	113	eligible material sold by retailers and the amount of eligible
114	114	material returned to rebate centers;
115	115	(7) develop a system to prevent fraudulent use of the
116	116	program;
117	117	(8) administer the fund as provided by Section
118	118	375.0303; and
119	119	(9) adopt procedures and forms necessary to implement
120	120	this chapter.
121	121	(c) After consultation with the council, the comptroller
122	122	may adopt rules necessary to implement this chapter.
123	123	(d) The comptroller may delegate to the council duties
124	124	described by Subsection (b) to the extent authorized by law.
125	125	Sec. 375.0103. REPORT TO LEGISLATURE. Not later than
126	126	December 1st of each even-numbered year, the comptroller shall
127	127	deliver a report to the lieutenant governor, the speaker of the
128	128	house of representatives, and the committee in each house of the
129	129	legislature that has primary jurisdiction over environmental
130	130	matters about the progress and success of the program.
131	131	SUBCHAPTER B. TEXAS CLEAN AND HEALTHY ADVISORY COUNCIL
132	132	Sec. 375.0201. TEXAS CLEAN AND HEALTHY ADVISORY COUNCIL.
133	133	(a) The council is formed to advise the comptroller in
134	134	administering the program.
135	135	(b) The council consists of 17 members appointed by the
136	136	comptroller as follows:
137	137	(1) one producer of beverage containers;
138	138	(2) one producer of single-use bags;
139	139	(3) one producer of single-use cups;
140	140	(4) one retailer who sells beverage containers;
141	141	(5) one retailer who uses single-use bags;
142	142	(6) one retailer who uses single-use cups;
143	143	(7) one processor of beverage containers;
144	144	(8) one processor of plastic film;
145	145	(9) one processor of single-use cups;
146	146	(10) one recycler of beverage containers;
147	147	(11) one recycler of plastic film;
148	148	(12) one recycler of single-use cups;
149	149	(13) one representative of the packaging industry that
150	150	uses recycled material;
151	151	(14) one representative of a rural rebate center;
152	152	(15) one representative of an urban rebate center;
153	153	(16) one representative of a statewide nonprofit
154	154	organization devoted to litter prevention; and
155	155	(17) one member of the public.
156	156	(b-1) To form the initial council, the comptroller shall
157	157	appoint members as described by Subsection (b) except that the
158	158	offices for the representatives described by Subsections (b)(14)
159	159	and (15) must remain vacant until one or more rural rebate centers
160	160	and urban rebate centers are formed and operating.
161	161	(c) The members serve staggered terms of two years with
162	162	eight or nine members' terms, as applicable, expiring February 1 of
163	163	each year.
164	164	(d) The members shall designate one member of the council to
165	165	serve as presiding officer.
166	166	Sec. 375.0202. COUNCIL DUTIES. The council shall make
167	167	recommendations to the comptroller with respect to:
168	168	(1) additional materials eligible for inclusion in the
169	169	program;
170	170	(2) a fee paid by consumers for eligible material;
171	171	(3) changes to the value of the rebate paid to
172	172	consumers for eligible material;
173	173	(4) standards for rebate centers;
174	174	(5) changes to the value of the handling fee paid to
175	175	processors;
176	176	(6) the establishment of a system for approving
177	177	processors;
178	178	(7) the establishment of a system for approving
179	179	recyclers;
180	180	(8) the education of consumers, rebate centers,
181	181	processors, and recyclers about the program;
182	182	(9) eligibility criteria for program development
183	183	grants; and
184	184	(10) the establishment of standards for eligible
185	185	material that contains postconsumer recycled content.
186	186	Sec. 375.0203. DELEGATION OF COUNCIL DUTIES. The
187	187	comptroller may delegate council duties to a cooperative
188	188	organization or commodity board that the comptroller determines
189	189	represents retailers, processors, and recyclers of eligible
190	190	material. An entity designated under this section may retain money
191	191	from the fund established under Section 375.0303 to administer and
192	192	manage the program, as determined by the comptroller.
193	193	SUBCHAPTER C. COLLECTION OF FEE
194	194	Sec. 375.0301. COLLECTION OF FEE BY RETAILER; EXCEPTIONS.
195	195	(a) Except as provided by Subsections (b), (c), and (d), a retailer
196	196	shall collect a fee of one cent from a consumer for each item of
197	197	eligible material that the retailer sells or distributes to the
198	198	consumer.
199	199	(b) A retailer is not required to collect a fee for a
200	200	single-use bag, a single-use cup, or a beverage container if the
201	201	retailer pays to the comptroller an amount that is equivalent to the
202	202	fees that would be collected for 95 percent of the single-use bags,
203	203	single-use cups, or beverage containers purchased by the retailer
204	204	for sale or distribution to consumers.
205	205	(c) A retailer may not collect a fee from a consumer under
206	206	this chapter if the consumer demonstrates that the consumer
207	207	receives assistance from:
208	208	(1) the supplemental nutrition assistance program
209	209	established under Chapter 33, Human Resources Code;
210	210	(2) the federal special supplemental nutrition
211	211	program for women, infants, and children authorized by 42 U.S.C.
212	212	Section 1786; or
213	213	(3) another food assistance program recognized by the
214	214	comptroller.
215	215	(d) The comptroller may suspend the collection of a fee
216	216	under this chapter during a state of disaster declared by:
217	217	(1) the president of the United States under the
218	218	Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
219	219	U.S.C. Section 5121 et seq.);
220	220	(2) the governor under Section 418.014, Government
221	221	Code; or
222	222	(3) the presiding officer of the governing body of a
223	223	political subdivision under Section 418.108, Government Code.
224	224	Sec. 375.0302. REMITTANCE OF FEES BY RETAILER. A retailer
225	225	shall remit to the comptroller the fees collected by the retailer
226	226	under Section 375.0301.
227	227	Sec. 375.0303. TEXAS CLEAN AND HEALTHY PROGRAM FUND. (a)
228	228	The Texas clean and healthy program fund is a special fund in the
229	229	treasury outside the general revenue fund. Section 404.071,
230	230	Government Code, does not apply to the fund. Interest earned and
231	231	other earnings on the investment of money in the fund are credited
232	232	to the fund.
233	233	(b) Fees collected under this chapter and money collected
234	234	under Section 375.0301(b) shall be deposited to the credit of the
235	235	Texas clean and healthy program fund maintained by the comptroller.
236	236	Money in the fund may be allocated only for:
237	237	(1) reimbursements and handling fees paid to rebate
238	238	centers or processors, as applicable;
239	239	(2) administration of this chapter;
240	240	(3) the provision of information and education of
241	241	consumers about the program; and
242	242	(4) the purposes authorized under this chapter.
243	243	SUBCHAPTER D. REBATE CENTERS AND HANDLING FEES
244	244	Sec. 375.0401. ESTABLISHMENT OF REBATE CENTER.
245	245	(a) Subject to Subsection (b), any person may establish, own, and
246	246	operate a rebate center at which empty eligible material may be
247	247	returned for rebate value. A rebate center may be located in
248	248	another business or engage in other forms of business.
249	249	(b) A person must file an application for approval of a
250	250	rebate center with the council. The application must provide any
251	251	information the comptroller requires as necessary or convenient for
252	252	the implementation of this section.
253	253	(c) The comptroller shall provide for expedited review and
254	254	approval of applications for rebate centers associated with a
255	255	school, school district, or disadvantaged community, including a
256	256	community without collection systems for eligible material.
257	257	(d) The council at any time may review its approval of a
258	258	rebate center.
259	259	Sec. 375.0402. REBATE FOR ELIGIBLE MATERIAL. (a) Except
260	260	as provided by Subsection (b), and subject to any additional
261	261	antifraud requirements developed by the comptroller under Section
262	262	375.0102(b)(7), a rebate center shall accept eligible material and
263	263	shall pay the rebate value of the material established by Section
264	264	375.0403 in cash, check, or, if permitted by rule, voucher to the
265	265	person presenting the material.
266	266	(b) A rebate center may refuse to accept eligible material
267	267	for rebate for reasons established by the comptroller.
268	268	Sec. 375.0403. REBATE VALUE. All eligible material
269	269	distributed, sold, or offered for sale in this state has a rebate
270	270	value of 25 cents per pound or a value set by the comptroller.
271	271	Sec. 375.0404. REIMBURSEMENT OF REBATE CENTER. On
272	272	submission of a completed invoice of rebates paid by a rebate center
273	273	on a form adopted by the comptroller, the comptroller shall pay to
274	274	the rebate center an amount equal to the rebate value established by
275	275	Section 375.0403 plus a handling fee, if applicable.
276	276	Sec. 375.0405. HANDLING FEE TO PROCESSORS. (a) The
277	277	comptroller shall pay to an approved processor a handling fee of:
278	278	(1) 60 cents per pound of eligible material processed
279	279	in an urban area; and
280	280	(2) 90 cents per pound of eligible material processed
281	281	in a rural area.
282	282	(b) The comptroller may adjust the rates provided by
283	283	Subsection (a) as necessary to reflect changes in market
284	284	conditions.
285	285	(c) To receive payment under this section, a processor must
286	286	submit to the comptroller a report demonstrating the processed
287	287	material was sold for recycling. Information contained in the
288	288	report submitted under this section is confidential and may not be
289	289	disclosed by the comptroller unless required by law.
290	290	(d) A processor may engage in other forms of business,
291	291	including the operation of a rebate center.
292	292	SUBCHAPTER E. OTHER PROGRAMS AND RELATED ACCOUNTS
293	293	Sec. 375.0501. LITTER ENFORCEMENT AND EDUCATION GRANT
294	294	PROGRAM AND ACCOUNT. (a) The litter enforcement and education
295	295	grant program is established to provide grants to counties to
296	296	develop and implement litter and illegal dumping abatement and
297	297	enforcement programs.
298	298	(b) The grant program established by this section is
299	299	administered by the comptroller. The comptroller may partner with
300	300	or designate a statewide litter prevention nonprofit organization
301	301	to administer the program established under this section.
302	302	(c) The litter enforcement and education account is an
303	303	account in the Texas clean and healthy program fund established by
304	304	Section 375.0303. The account consists of:
305	305	(1) revenue from the program allocated by the
306	306	comptroller; and
307	307	(2) interest earned and other earnings on the
308	308	investment of money in the account.
309	309	(d) Money in the account may be appropriated only to award
310	310	grants to counties as provided by this section.
311	311	(e) The comptroller shall develop an application process
312	312	for the submission by counties of applications to receive grants
313	313	provided under this section.
314	314	(f) The comptroller shall issue to a county receiving a
315	315	grant under this section:
316	316	(1) not less than $100,000 per year; and
317	317	(2) for every 500,000 persons residing in the county,
318	318	an additional $100,000 per year.
319	319	(g) Grants awarded by the comptroller under this section may
320	320	be used only for:
321	321	(1) the abatement and enforcement of violations of
322	322	Chapters 341, 343, and 365 of this code and Chapter 7, Water Code;
323	323	(2) the establishment and management of litter
324	324	control, solid waste management, or recycling systems; and
325	325	(3) the support of litter prevention, solid waste
326	326	management, and recycling education programs.
327	327	(h) A county receiving a grant under the program may
328	328	coordinate with the appropriate council of government to:
329	329	(1) use personnel to administer this section; and
330	330	(2) establish training programs to implement this
331	331	section.
332	332	Sec. 375.0502. PROGRAM DEVELOPMENT GRANT ACCOUNT. (a) The
333	333	program development grant account is an account in the Texas clean
334	334	and healthy program fund established by Section 375.0303. Section
335	335	404.071, Government Code, does not apply to the account.
336	336	(b) The account consists of any available funds
337	337	appropriated for the purposes of this section.
338	338	(c) The program development grant account shall be used to
339	339	provide grants for the construction of rebate centers.
340	340	(d) This section expires and the program development grant
341	341	account is abolished September 1, 2027.
342	342	Sec. 375.0503. PUBLIC HEALTH EMERGENCY ACCOUNT. (a) The
343	343	public health emergency account is an account in the Texas clean and
344	344	healthy program fund established by Section 375.0303. Section
345	345	404.071, Government Code, does not apply to the account.
346	346	(b) The account consists of:
347	347	(1) the balance of program money not allocated to the
348	348	litter enforcement and education grant program established by
349	349	Section 375.0501 or another purpose provided by this chapter; and
350	350	(2) interest earned and other earnings on the
351	351	investment of money in the account.
352	352	(c) The comptroller may disburse money in the account to
353	353	assist prevention, mitigation, or recovery programs related to
354	354	public health emergency declarations.
355	355	(d) The balance of the account may not exceed $1 billion.
356	356	Any amount, including interest earned, in excess of $1 billion
357	357	shall be deposited to the credit of the Texas clean and healthy
358	358	program fund established by Section 375.0303.
359	359	SECTION 2. (a) Not later than September 1, 2022, the
360	360	comptroller of public accounts shall appoint members of the Texas
361	361	Clean and Healthy Advisory Council and, after consultation with the
362	362	Texas Clean and Healthy Advisory Council, shall adopt any rules
363	363	necessary to implement Chapter 375, Health and Safety Code, as
364	364	added by this Act.
365	365	(b) The requirements of Chapter 375, Health and Safety Code,
366	366	as added by this Act, do not apply to any person before March 1,
367	367	2023.
368	368	SECTION 3. This Act takes effect immediately if it receives
369	369	a vote of two-thirds of all the members elected to each house, as
370	370	provided by Section 39, Article III, Texas Constitution. If this
371	371	Act does not receive the vote necessary for immediate effect, this
372	372	Act takes effect September 1, 2021.