Texas 2025 - 89th Regular

Texas House Bill HB3229 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Lambert, Slawson H.B. No. 3229
2		-	Substitute the following for H.B. No. 3229:
3		-	By: Landgraf C.S.H.B. No. 3229
	1	+	89R10646 ANG-F
	2	+	By: Lambert H.B. No. 3229
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8	7		A BILL TO BE ENTITLED
9	8		AN ACT
10	9		relating to recycling of certain renewable energy components;
11	10		authorizing an administrative penalty.
12	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	12		SECTION 1. Subtitle B, Title 5, Health and Safety Code, is
14	13		amended by adding Chapter 376 to read as follows:
15	14		CHAPTER 376. RENEWABLE ENERGY COMPONENT RECYCLING FACILITIES
16	15		Sec. 376.001. DEFINITION. In this chapter, "commission"
17	16		means the Texas Commission on Environmental Quality.
18	17		Sec. 376.002. APPLICABILITY. This chapter applies only to
19	18		a recycling facility that accepts, processes, and repurposes
20	19		components to recover valuable materials from:
21	20		(1) a wind turbine generator, including turbine
22	21		blades, nacelles, nacelle covers, towers, drivetrains, generators,
23	22		magnets, power electronics, and cables;
24	23		(2) a solar energy device, as defined by Section
25	24		185.001, Utilities Code, including solar modules, junction boxes,
26	25		transformers, inverters, racks or trackers, and cables; or
27	26		(3) a battery energy storage system, including battery
28	27		cells, racks, containers, inverters, battery management systems,
29	28		cooling and fire suppression systems, and cables.
30	29		Sec. 376.003. REPORT. (a) The owner of a recycling facility
31	30		shall submit a report to the commission not later than January 15 of
32	31		each year that includes:
33	32		(1) an inventory of all components of a wind turbine
34	33		generator, solar energy device, or battery energy storage system
35	34		accepted by the facility for recycling that have not yet been
36	35		recycled, including any components the facility has taken title to
37	36		or assumed control of regardless of whether the components are
38	37		located at the facility;
39		-	(2) an estimated timeline for recycling ~~or disposing~~
40		-	~~of the components~~ described by Subdivision (1); and
41		-	(3) a cost estimate for recycling ~~or disposing of the~~
42		-	~~components~~ described by Subdivision (1) prepared by an independent,
	38	+	(2) an estimated timeline for recycling the components
	39	+	described by Subdivision (1); and
	40	+	(3) a cost estimate for recycling the components
	41	+	described by Subdivision (1) prepared by an independent,
43	42		third-party professional engineer licensed in this state.
44	43		(b) The owner of the recycling facility shall:
45	44		(1) submit with the facility's first report submitted
46	45		under Subsection (a) evidence of financial assurance in an amount
47		-	equal to ~~100~~ percent of the cost estimated under Subsection (a)(3);
	46	+	equal to 125 percent of the cost estimated under Subsection (a)(3);
48	47		and
49	48		(2) submit with each subsequent report any additional
50	49		financial assurance necessary to ensure that the amount of
51	50		financial assurance the owner has on file with the commission for
52		-	the facility is at least equal to ~~100~~ percent of the cost estimated
	51	+	the facility is at least equal to 125 percent of the cost estimated
53	52		under Subsection (a)(3) in the subsequent report.
54	53		(c) Acceptable forms of financial assurance for purposes of
55	54		this section include:
56	55		(1) a parent company guaranty with a minimum
57	56		investment grade credit rating for the parent company issued by a
58	57		major domestic credit rating agency;
59	58		(2) a letter of credit; or
60	59		(3) a bond.
	60	+	(d) The owner of the recycling facility is responsible for
	61	+	estimating costs under Subsection (a) and for paying the costs
	62	+	associated with obtaining the financial assurance required by this
	63	+	section.
61	64		Sec. 376.004. INTERNET POSTING. The commission shall
62	65		maintain on its Internet website a list of recycling facilities in
63	66		this state that are in compliance with this chapter.
64	67		Sec. 376.005. ADMINISTRATIVE PENALTY. (a) A person may not
65	68		accept, process, or repurpose components as described by Section
66	69		376.002 for compensation unless the person complies with the
67	70		requirements of this chapter.
68	71		(b) The commission may impose an administrative penalty on
69	72		an owner or operator of a recycling facility to which this section
70	73		applies in accordance with Section 7.052(b-5), Water Code.
71	74		SECTION 2. Section 5.013(a), Water Code, is amended to read
72	75		as follows:
73	76		(a) The commission has general jurisdiction over:
74	77		(1) water and water rights including the issuance of
75	78		water rights permits, water rights adjudication, cancellation of
76	79		water rights, and enforcement of water rights;
77	80		(2) continuing supervision over districts created
78	81		under Article III, Sections 52(b)(1) and (2), and Article XVI,
79	82		Section 59, of the Texas Constitution;
80	83		(3) the state's water quality program including
81	84		issuance of permits, enforcement of water quality rules, standards,
82	85		orders, and permits, and water quality planning;
83	86		(4) the determination of the feasibility of certain
84	87		federal projects;
85	88		(5) the adoption and enforcement of rules and
86	89		performance of other acts relating to the safe construction,
87	90		maintenance, and removal of dams;
88	91		(6) conduct of the state's hazardous spill prevention
89	92		and control program;
90	93		(7) the administration of the state's program relating
91	94		to inactive hazardous substance, pollutant, and contaminant
92	95		disposal facilities;
93	96		(8) the administration of a portion of the state's
94	97		injection well program;
95	98		(9) the administration of the state's programs
96	99		involving underground water and water wells and drilled and mined
97	100		shafts;
98	101		(10) the state's responsibilities relating to regional
99	102		waste disposal;
100	103		(11) the responsibilities assigned to the commission
101	104		by Chapters 361, 363, 376, 382, 401, 505, 506, and 507, Health and
102	105		Safety Code; and
103	106		(12) any other areas assigned to the commission by
104	107		this code and other laws of this state.
105	108		SECTION 3. Section 7.052, Water Code, is amended by adding
106	109		Subsection (b-5) to read as follows:
107	110		(b-5) The amount of the penalty for a violation of Chapter
108	111		376, Health and Safety Code, may not exceed $500 a day for each
109	112		violation.
110	113		SECTION 4. This Act takes effect September 1, 2025.