Texas 2025 - 89th Regular

Texas Senate Bill SB2659 Compare Versions

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

Old	New	Differences
1	1	89R10646 ANG-F
2	2	By: Perry S.B. No. 2659
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to recycling of certain renewable energy components;
10	10	authorizing an administrative penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle B, Title 5, Health and Safety Code, is
13	13	amended by adding Chapter 376 to read as follows:
14	14	CHAPTER 376. RENEWABLE ENERGY COMPONENT RECYCLING FACILITIES
15	15	Sec. 376.001. DEFINITION. In this chapter, "commission"
16	16	means the Texas Commission on Environmental Quality.
17	17	Sec. 376.002. APPLICABILITY. This chapter applies only to
18	18	a recycling facility that accepts, processes, and repurposes
19	19	components to recover valuable materials from:
20	20	(1) a wind turbine generator, including turbine
21	21	blades, nacelles, nacelle covers, towers, drivetrains, generators,
22	22	magnets, power electronics, and cables;
23	23	(2) a solar energy device, as defined by Section
24	24	185.001, Utilities Code, including solar modules, junction boxes,
25	25	transformers, inverters, racks or trackers, and cables; or
26	26	(3) a battery energy storage system, including battery
27	27	cells, racks, containers, inverters, battery management systems,
28	28	cooling and fire suppression systems, and cables.
29	29	Sec. 376.003. REPORT. (a) The owner of a recycling facility
30	30	shall submit a report to the commission not later than January 15 of
31	31	each year that includes:
32	32	(1) an inventory of all components of a wind turbine
33	33	generator, solar energy device, or battery energy storage system
34	34	accepted by the facility for recycling that have not yet been
35	35	recycled, including any components the facility has taken title to
36	36	or assumed control of regardless of whether the components are
37	37	located at the facility;
38	38	(2) an estimated timeline for recycling the components
39	39	described by Subdivision (1); and
40	40	(3) a cost estimate for recycling the components
41	41	described by Subdivision (1) prepared by an independent,
42	42	third-party professional engineer licensed in this state.
43	43	(b) The owner of the recycling facility shall:
44	44	(1) submit with the facility's first report submitted
45	45	under Subsection (a) evidence of financial assurance in an amount
46	46	equal to 125 percent of the cost estimated under Subsection (a)(3);
47	47	and
48	48	(2) submit with each subsequent report any additional
49	49	financial assurance necessary to ensure that the amount of
50	50	financial assurance the owner has on file with the commission for
51	51	the facility is at least equal to 125 percent of the cost estimated
52	52	under Subsection (a)(3) in the subsequent report.
53	53	(c) Acceptable forms of financial assurance for purposes of
54	54	this section include:
55	55	(1) a parent company guaranty with a minimum
56	56	investment grade credit rating for the parent company issued by a
57	57	major domestic credit rating agency;
58	58	(2) a letter of credit; or
59	59	(3) a bond.
60	60	(d) The owner of the recycling facility is responsible for
61	61	estimating costs under Subsection (a) and for paying the costs
62	62	associated with obtaining the financial assurance required by this
63	63	section.
64	64	Sec. 376.004. INTERNET POSTING. The commission shall
65	65	maintain on its Internet website a list of recycling facilities in
66	66	this state that are in compliance with this chapter.
67	67	Sec. 376.005. ADMINISTRATIVE PENALTY. (a) A person may not
68	68	accept, process, or repurpose components as described by Section
69	69	376.002 for compensation unless the person complies with the
70	70	requirements of this chapter.
71	71	(b) The commission may impose an administrative penalty on
72	72	an owner or operator of a recycling facility to which this section
73	73	applies in accordance with Section 7.052(b-5), Water Code.
74	74	SECTION 2. Section 5.013(a), Water Code, is amended to read
75	75	as follows:
76	76	(a) The commission has general jurisdiction over:
77	77	(1) water and water rights including the issuance of
78	78	water rights permits, water rights adjudication, cancellation of
79	79	water rights, and enforcement of water rights;
80	80	(2) continuing supervision over districts created
81	81	under Article III, Sections 52(b)(1) and (2), and Article XVI,
82	82	Section 59, of the Texas Constitution;
83	83	(3) the state's water quality program including
84	84	issuance of permits, enforcement of water quality rules, standards,
85	85	orders, and permits, and water quality planning;
86	86	(4) the determination of the feasibility of certain
87	87	federal projects;
88	88	(5) the adoption and enforcement of rules and
89	89	performance of other acts relating to the safe construction,
90	90	maintenance, and removal of dams;
91	91	(6) conduct of the state's hazardous spill prevention
92	92	and control program;
93	93	(7) the administration of the state's program relating
94	94	to inactive hazardous substance, pollutant, and contaminant
95	95	disposal facilities;
96	96	(8) the administration of a portion of the state's
97	97	injection well program;
98	98	(9) the administration of the state's programs
99	99	involving underground water and water wells and drilled and mined
100	100	shafts;
101	101	(10) the state's responsibilities relating to regional
102	102	waste disposal;
103	103	(11) the responsibilities assigned to the commission
104	104	by Chapters 361, 363, 376, 382, 401, 505, 506, and 507, Health and
105	105	Safety Code; and
106	106	(12) any other areas assigned to the commission by
107	107	this code and other laws of this state.
108	108	SECTION 3. Section 7.052, Water Code, is amended by adding
109	109	Subsection (b-5) to read as follows:
110	110	(b-5) The amount of the penalty for a violation of Chapter
111	111	376, Health and Safety Code, may not exceed $500 a day for each
112	112	violation.
113	113	SECTION 4. This Act takes effect September 1, 2025.