Bill Text: TX HB2046 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the amount of the solid waste disposal fee and the allocation of revenue from that fee.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-13 - Referred to Environmental Regulation [HB2046 Detail]
Download: Texas-2017-HB2046-Introduced.html
85R9768 SLB-D | ||
By: Walle | H.B. No. 2046 |
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relating to the amount of the solid waste disposal fee and the | ||
allocation of revenue from that fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 361.013(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) Except as provided by Subsections (e) through (i), the | ||
commission shall charge a fee on all solid waste that is disposed of | ||
within this state. The fee is $1.25 [ |
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disposal at a municipal solid waste landfill if the solid waste is | ||
measured by weight. If the solid waste is measured by volume, the | ||
fee for compacted solid waste is 40 [ |
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the fee for uncompacted solid waste is 25 [ |
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received for disposal at a municipal solid waste landfill. The | ||
commission shall set the fee for sludge or similar waste applied to | ||
the land for beneficial use on a dry weight basis and for solid | ||
waste received at an incinerator or a shredding and composting | ||
facility at half the fee set for solid waste received for disposal | ||
at a landfill. The commission may charge comparable fees for other | ||
means of solid waste disposal that are used. | ||
SECTION 2. Sections 361.014(a) and (b), Health and Safety | ||
Code, are amended to read as follows: | ||
(a) Revenue received by the commission under Section | ||
361.013 shall be deposited in the state treasury to the credit of | ||
the commission. Of that revenue, 50 [ |
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the commission's municipal solid waste permitting programs, | ||
enforcement programs, and site remediation programs, and to pay for | ||
activities that will enhance the state's solid waste management | ||
program. The commission shall issue a biennial report to the | ||
legislature describing in detail how the money was spent. The | ||
activities to enhance the state's solid waste management program | ||
may include: | ||
(1) provision of funds for the municipal solid waste | ||
management planning fund and the municipal solid waste resource | ||
recovery applied research and technical assistance fund | ||
established by the Comprehensive Municipal Solid Waste Management, | ||
Resource Recovery, and Conservation Act (Chapter 363); | ||
(2) conduct of demonstration projects and studies to | ||
help local governments of various populations and the private | ||
sector to convert to accounting systems and set rates that reflect | ||
the full costs of providing waste management services and are | ||
proportionate to the amount of waste generated; | ||
(3) provision of technical assistance to local | ||
governments concerning solid waste management; | ||
(4) establishment of a solid waste resource center in | ||
the commission and an office of waste minimization and recycling; | ||
(5) provision of supplemental funding to local | ||
governments for the enforcement of this chapter, the Texas Litter | ||
Abatement Act (Chapter 365 of this code), and Chapters 391 and 683, | ||
Transportation Code; | ||
(6) conduct of a statewide public awareness program | ||
concerning solid waste management; | ||
(7) provision of supplemental funds for other state | ||
agencies with responsibilities concerning solid waste management, | ||
recycling, and other initiatives with the purpose of diverting | ||
recyclable waste from landfills; | ||
(8) conduct of research to promote the development and | ||
stimulation of markets for recycled waste products; | ||
(9) creation of a state municipal solid waste | ||
superfund, from funds appropriated, for: | ||
(A) the cleanup of unauthorized tire dumps and | ||
solid waste dumps for which a responsible party cannot be located or | ||
is not immediately financially able to provide the cleanup; | ||
(B) the cleanup or proper closure of abandoned or | ||
contaminated municipal solid waste sites for which a responsible | ||
party is not immediately financially able to provide the cleanup; | ||
and | ||
(C) remediation, cleanup, and proper closure of | ||
unauthorized recycling sites for which a responsible party is not | ||
immediately financially able to perform the remediation, cleanup, | ||
and closure; | ||
(10) provision of funds to mitigate the economic and | ||
environmental impacts of lead-acid battery recycling activities on | ||
local governments; | ||
(11) provision of funds for the conduct of research by | ||
a public or private entity to assist the state in developing new | ||
technologies and methods to reduce the amount of municipal waste | ||
disposed of in landfills; and | ||
(12) provision of funds for grants to encourage | ||
entities located in an affected county or a nonattainment area, as | ||
defined by Section 386.001, to convert heavy-duty vehicles used for | ||
municipal solid waste collection into vehicles powered by natural | ||
gas engines. | ||
(b) Of the revenue received by the commission under Section | ||
361.013, 50 [ |
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waste projects consistent with regional plans approved by the | ||
commission in accordance with this chapter and to update and | ||
maintain those plans. Those revenues shall be allocated to | ||
municipal solid waste geographic planning regions for use by local | ||
governments and regional planning commissions according to a | ||
formula established by the commission that takes into account | ||
population, area, solid waste fee generation, and public health | ||
needs. Each planning region shall issue a biennial report to the | ||
legislature detailing how the revenue is spent. A project or | ||
service funded under this subsection must promote cooperation | ||
between public and private entities and may not be otherwise | ||
readily available or create a competitive advantage over a private | ||
industry that provides recycling or solid waste services. | ||
SECTION 3. The changes in law made by this Act to Sections | ||
361.013 and 361.014, Health and Safety Code, apply only to a fee | ||
collected on or after the effective date of this Act. A fee | ||
collected before the effective date of this Act is governed by the | ||
law in effect when the fee was collected, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2017. |