Texas 2025 - 89th Regular

Texas House Bill HB4839 Compare Versions

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Old	New	Differences
1	1	89R9656 DRS-D
2	2	By: Walle H.B. No. 4839
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the development, promotion, and funding of certain
10	10	recycling projects.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 361.0152(a), Health and Safety Code, is
13	13	amended by adding Subdivision (2-a) to read as follows:
14	14	(2-a) "Program" means the recycling market
15	15	development program established by Section 361.442.
16	16	SECTION 2. Sections 361.0152(c), (d), (f), (g), and (h),
17	17	Health and Safety Code, are amended to read as follows:
18	18	(c) In cooperation with the Texas Economic Development and
19	19	Tourism Office and in consultation with the recycling market
20	20	advisory council established under Section 361.443, the program
21	21	administrator [commission] shall produce for the commission a plan
22	22	with recommendations to stimulate the use of recyclable materials
23	23	as feedstock in processing and manufacturing.
24	24	(d) The plan must:
25	25	(1) identify the quantity and type of recyclable
26	26	materials that are being recycled from municipal and industrial
27	27	sources;
28	28	(2) identify and estimate the quantity and type of
29	29	recyclable materials that are generated but not being recycled;
30	30	(3) identify and estimate the current economic
31	31	benefits of recycling materials and the potential economic benefits
32	32	to be gained by recycling materials identified under Subdivision
33	33	(2);
34	34	(4) identify the location, processing capacity, and
35	35	consumption capacity of existing principal processors and
36	36	manufacturers;
37	37	(5) identify the barriers to increasing the use of
38	38	recyclable materials as feedstock for principal processors and
39	39	manufacturers and means to eliminate those barriers;
40	40	(6) identify and estimate the need and type of
41	41	principal processing and manufacturing facilities necessary to
42	42	consume the existing and potential volumes of recyclable materials;
43	43	[and]
44	44	(7) recommend institutional, financial,
45	45	administrative, and physical methods, means, and processes that
46	46	could be applied by this state and by local governments to:
47	47	(A) increase the use of recyclable materials;
48	48	(B) stimulate the use of recyclable materials by
49	49	principal processors and manufacturers; and
50	50	(C) encourage the expansion of existing
51	51	principal processors and manufacturers and the development of new
52	52	principal processors and manufacturers that use recyclable
53	53	materials;
54	54	(8) include a report on the progress and results of
55	55	research conducted by the program under Section 361.442(b);
56	56	(9) include a report on the status of grants and loans
57	57	provided through the program; and
58	58	(10) provide legislative and policy recommendations
59	59	to the commission regarding the purposes of the program.
60	60	(f) To the extent practicable in preparing the plan, the
61	61	program administrator [commission] shall use methodologies and
62	62	information derived from other recycling economic studies already
63	63	performed.
64	64	(g) The program administrator [commission] shall update the
65	65	plan not later than December 1 of each even-numbered year [every
66	66	four years], and in a year in which the plan is updated, the plan
67	67	shall be included in the annual summary of municipal solid waste
68	68	management produced by the municipal solid waste permits section of
69	69	the commission and delivered to the governor and legislature.
70	70	(h) In cooperation with other state agencies, including the
71	71	governor's office, the commission shall develop an education
72	72	program intended for the public that must include:
73	73	(1) the economic benefits of recycling, including job
74	74	creation, economic impact, percent of total municipal and
75	75	industrial solid waste recycled, weight and volume of municipal and
76	76	industrial solid waste recycled, and taxes and fees paid by the
77	77	recycling industry;
78	78	(2) a spotlight of collectors and processors of
79	79	recyclable materials and manufacturers based in this state that are
80	80	using recyclable materials as feedstock; [and]
81	81	(3) the detrimental effects of contamination in the
82	82	recyclable materials stream and the need to reduce those effects;
83	83	and
84	84	(4) educational materials developed under Section
85	85	361.0202, as appropriate.
86	86	SECTION 3. Chapter 361, Health and Safety Code, is amended
87	87	by adding Subchapter N-1 to read as follows:
88	88	SUBCHAPTER N-1. RECYCLING INNOVATION AND MARKET DEVELOPMENT
89	89	Sec. 361.441. DEFINITIONS. In this subchapter:
90	90	(1) "Fund" means the Texas Recycling Fund established
91	91	by Section 361.444.
92	92	(2) "Program" means the recycling market development
93	93	program established by Section 361.442.
94	94	Sec. 361.442. RECYCLING MARKET DEVELOPMENT PROGRAM. (a)
95	95	The commission shall establish a recycling market development
96	96	program to:
97	97	(1) facilitate the realization of economic benefits to
98	98	this state that may result from the expanded use of recycled
99	99	material as feedstock in manufacturing and processing;
100	100	(2) promote the development of recycling
101	101	infrastructure and technology in this state; and
102	102	(3) make policy recommendations to the commission.
103	103	(b) The program administrator shall:
104	104	(1) conduct research on:
105	105	(A) techniques to improve the recycling
106	106	collection process and increase recycling rates in this state;
107	107	(B) processes to improve the access of
108	108	manufacturers in this state to collected recyclable materials;
109	109	(C) the relationship between the supply of
110	110	recyclable material and the demand for recycled material feedstock
111	111	for manufacturing and end use; and
112	112	(D) potential improvements to technology
113	113	currently used at recycling facilities in this state;
114	114	(2) oversee and coordinate initiatives conducted by
115	115	the commission, the comptroller, and other state agencies under the
116	116	recycling market development implementation program established by
117	117	Section 361.423;
118	118	(3) make recommendations to the commission on
119	119	potential financial incentives and policy changes to improve
120	120	recycling infrastructure in this state;
121	121	(4) identify and apply for federal funding
122	122	opportunities related to recycling; and
123	123	(5) implement and manage financial incentives for the
124	124	development of recycling infrastructure and technology in this
125	125	state, including by:
126	126	(A) awarding grants or making loans under this
127	127	subchapter; or
128	128	(B) facilitating the application by eligible
129	129	recipients for tax credits available under state or federal law.
130	130	Sec. 361.443. RECYCLING MARKET ADVISORY COUNCIL. (a) The
131	131	commission shall appoint an advisory council to advise the program
132	132	administrator on the implementation of Section 361.0152 and this
133	133	subchapter.
134	134	(b) The commission shall appoint a person to the advisory
135	135	council or fill a vacancy on the advisory council following review
136	136	and recommendation of an applicant by the executive director.
137	137	(c) The advisory council is composed of the following 13
138	138	members:
139	139	(1) one representative from a regional council of
140	140	governments;
141	141	(2) one representative from the paper and pulp
142	142	industry in this state;
143	143	(3) one representative from the organics recycling
144	144	industry in this state;
145	145	(4) one representative from the plastic manufacturing
146	146	industry in this state;
147	147	(5) one representative from the advanced recycling
148	148	industry in this state;
149	149	(6) one representative from the mechanical recycling
150	150	industry in this state;
151	151	(7) one representative from the materials recovery and
152	152	sorting facilities industry in this state;
153	153	(8) one representative from the aluminum industry in
154	154	this state;
155	155	(9) one representative from the glass industry in this
156	156	state;
157	157	(10) one representative from the alcoholic beverage or
158	158	soft drink industry in this state;
159	159	(11) one representative from the packaging supply or
160	160	packaging conversion industry in this state;
161	161	(12) one representative from the packaged retail goods
162	162	industry in this state; and
163	163	(13) one representative from the State of Texas
164	164	Alliance for Recycling.
165	165	(d) The executive director shall designate the presiding
166	166	officer of the advisory council.
167	167	(e) A member of the advisory council serves a five-year
168	168	term.
169	169	(f) The advisory council shall convene at the call of the
170	170	presiding officer at least twice a year.
171	171	(g) Section 2110.008, Government Code, does not apply to the
172	172	council.
173	173	Sec. 361.444. TEXAS RECYCLING FUND. (a) The Texas
174	174	Recycling Fund is established as a dedicated account in the general
175	175	revenue fund to be administered by the executive director.
176	176	(b) The fund consists of:
177	177	(1) money appropriated to the credit of the fund;
178	178	(2) principal and interest payments on all loans from
179	179	the fund; and
180	180	(3) gifts, grants, or donations received for the fund.
181	181	(c) Money in the fund may be used only as provided by this
182	182	subchapter.
183	183	Sec. 361.445. USE OF FUND. The commission may use money in
184	184	the fund:
185	185	(1) for the administration of the program;
186	186	(2) to award grants or provide loans to business
187	187	entities operating in this state that provide a public benefit to
188	188	this state by encouraging economic development related to recycling
189	189	projects, as provided by Sections 361.446 and 361.447;
190	190	(3) to award grants to a public institution of higher
191	191	education in this state to conduct research that provides a public
192	192	benefit to this state by facilitating the development of recycling
193	193	technology and infrastructure in this state;
194	194	(4) to conduct recycling research pilot projects,
195	195	including pilot projects conducted in partnership with other state
196	196	agencies or business entities; or
197	197	(5) to support the implementation of the public
198	198	education program described by Section 361.0152(h).
199	199	Sec. 361.446. RECYCLING INNOVATION GRANT PROGRAM. (a) The
200	200	commission by rule shall establish a recycling innovation grant
201	201	program to allow the program administrator to use money from the
202	202	fund to make grants to entities that provide a public benefit to
203	203	this state by conducting research on or investing in new recycling
204	204	technologies and processes in this state.
205	205	(b) Projects that may be considered for a grant under this
206	206	section include:
207	207	(1) expanding recycling and sorting infrastructure,
208	208	including pilot projects;
209	209	(2) expansions or upgrades of recycling equipment;
210	210	(3) promotion of development and improving services in
211	211	rural communities in this state; or
212	212	(4) addressing contamination of recyclable material.
213	213	Sec. 361.447. RECYCLING LOAN PROGRAM. (a) The commission
214	214	by rule shall establish a loan program to allow the program
215	215	administrator to use money from the fund to provide financial
216	216	assistance to business entities for projects that provide a public
217	217	benefit to this state by improving recycling outcomes in this
218	218	state.
219	219	(b) The commission by rule shall establish the eligibility
220	220	requirements for a business entity to receive a loan under this
221	221	section. The requirements must require the business entity to:
222	222	(1) be in good standing under the laws of this state;
223	223	(2) not owe delinquent taxes to a taxing unit of this
224	224	state; and
225	225	(3) have fully repaid any previous loans received
226	226	under this section.
227	227	(c) In making a loan under this section, the program
228	228	administrator shall ensure:
229	229	(1) the public purpose of developing recycling
230	230	technology and infrastructure in this state is accomplished; and
231	231	(2) the commission retains sufficient control over the
232	232	loan to ensure the state receives a public benefit.
233	233	(d) A recipient may use a loan made under this section only
234	234	for expenses needed to develop recycling infrastructure and
235	235	technology in this state in a manner that serves a public purpose.
236	236	Sec. 361.448. ADMINISTRATIVE SUPPORT. The commission shall
237	237	provide to the program administrative support, staff, and
238	238	facilities as necessary for the program to implement this
239	239	subchapter.
240	240	Sec. 361.449. RULEMAKING. The commission shall adopt rules
241	241	as necessary to implement this subchapter.
242	242	SECTION 4. This Act takes effect immediately if it receives
243	243	a vote of two-thirds of all the members elected to each house, as
244	244	provided by Section 39, Article III, Texas Constitution. If this
245	245	Act does not receive the vote necessary for immediate effect, this
246	246	Act takes effect September 1, 2025.