S.B. No. 649
 
 
 
 
AN ACT
  relating to promotion of the use of recyclable materials as
  feedstock for processing and manufacturing.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 361, Health and Safety
  Code, is amended by adding Section 361.0152 to read as follows:
         Sec. 361.0152.  STIMULATE USE OF RECYCLABLE MATERIAL.
  (a)  In this section:
               (1)  "Manufacturer" means a facility that uses
  postconsumer or postindustrial derived recyclable material to
  create a finished product for sale or trade.
               (2)  "Principal processor" means a facility that
  receives recyclable materials from generators or collection
  programs and sorts, cleans, screens, bales, densifies, cures, or
  creates product that is ready for beneficial reuse immediately
  after processing or is ready to be used as a feedstock by a
  subsequent processor or manufacturer.
               (3)  "Recyclable material" includes paper, plastic,
  metal, glass, vegetative waste, compost, mulch, tires, electronic
  waste, construction and demolition debris, batteries, and paint.
         (b)  This section does not apply to ferrous or nonferrous
  metals recycled by a metal recycling entity as defined by Section
  1956.001, Occupations Code.
         (c)  In cooperation with the Texas Economic Development and
  Tourism Office, the commission shall produce a plan to stimulate
  the use of recyclable materials as feedstock in processing and
  manufacturing.
         (d)  The plan must:
               (1)  identify the quantity and type of recyclable
  materials that are being recycled from municipal and industrial
  sources;
               (2)  identify and estimate the quantity and type of
  recyclable materials that are generated but not being recycled;
               (3)  identify and estimate the current economic
  benefits of recycling materials and the potential economic benefits
  to be gained by recycling materials identified under Subdivision
  (2);
               (4)  identify the location, processing capacity, and
  consumption capacity of existing principal processors and
  manufacturers;
               (5)  identify the barriers to increasing the use of
  recyclable materials as feedstock for principal processors and
  manufacturers and means to eliminate those barriers;
               (6)  identify and estimate the need and type of
  principal processing and manufacturing facilities necessary to
  consume the existing and potential volumes of recyclable materials;
  and
               (7)  recommend institutional, financial,
  administrative, and physical methods, means, and processes that
  could be applied by this state and by local governments to:
                     (A)  increase the use of recyclable materials;
                     (B)  stimulate the use of recyclable materials by
  principal processors and manufacturers; and
                     (C)  encourage the expansion of existing
  principal processors and manufacturers and the development of new
  principal processors and manufacturers that use recyclable
  materials.
         (e)  The plan may not require a generator, collector, or
  processor of recyclable materials to ship to or use a particular
  processing or manufacturing facility.
         (f)  To the extent practicable in preparing the plan, the
  commission shall use methodologies and information derived from
  other recycling economic studies already performed.
         (g)  The commission shall update the plan every four years,
  and in a year in which the plan is updated, the plan shall be
  included in the annual summary of municipal solid waste management
  produced by the municipal solid waste permits section of the
  commission and delivered to the governor and legislature.
         (h)  In cooperation with other state agencies, including the
  governor's office, the commission shall develop an education
  program intended for the public that must include:
               (1)  the economic benefits of recycling, including job
  creation, economic impact, percent of total municipal and
  industrial solid waste recycled, weight and volume of municipal and
  industrial solid waste recycled, and taxes and fees paid by the
  recycling industry;
               (2)  a spotlight of collectors and processors of
  recyclable materials and manufacturers based in this state that are
  using recyclable materials as feedstock; and
               (3)  the detrimental effects of contamination in the
  recyclable materials stream and the need to reduce those effects.
         (i)  The commission shall update the education program
  required by Subsection (h) at least every four years.
         (j)  The commission may enter into contracts with public,
  private, and nonprofit organizations to produce the plan required
  by Subsection (c) and the education program required by Subsection
  (h).
         SECTION 2.  (a)  Not later than September 1, 2020, the Texas
  Commission on Environmental Quality and the Texas Economic
  Development and Tourism Office shall prepare and deliver to the
  governor and the Municipal Solid Waste Management and Resource
  Recovery Advisory Council a progress report on the initial plan and
  education program required under Section 361.0152, Health and
  Safety Code, as added by this Act.
         (b)  Not later than September 1, 2021, the Texas Commission
  on Environmental Quality and the Texas Economic Development and
  Tourism Office shall complete and make publicly available the
  initial plan and implement the education program required under
  Section 361.0152, Health and Safety Code, as added by this Act.
         SECTION 3.  The Texas Economic Development and Tourism
  Office in the office of the governor and the Texas Commission on
  Environmental Quality are required to implement Sections
  361.0152(c)-(g), Health and Safety Code, as added by this Act, only
  if the legislature appropriates money specifically for that
  purpose.  If the legislature does not appropriate money
  specifically for that purpose, the Texas Economic Development and
  Tourism Office in the office of the governor and the Texas
  Commission on Environmental Quality may, but are not required to,
  implement those provisions of this Act using other appropriations
  available for that purpose.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2019.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 649 passed the Senate on
  April 23, 2019, by the following vote:  Yeas 20, Nays 11.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 649 passed the House on
  May 7, 2019, by the following vote:  Yeas 120, Nays 24, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor