Bill Text: TX HB1490 | 2013-2014 | 83rd Legislature | Comm Sub

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Bill Title: Relating to the amount and disposition of fees collected for municipal solid waste disposal.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-04-24 - Committee report sent to Calendars [HB1490 Detail]

Download: Texas-2013-HB1490-Comm_Sub.html

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83R22715 SLB-D
By: Bell H.B. No. 1490
Substitute the following for H.B. No. 1490:
By: Lewis C.S.H.B. No. 1490

A BILL TO BE ENTITLED
AN ACT
relating to the amount and disposition of fees collected for
municipal solid waste disposal.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 361.013, Health and Safety Code, is
amended by adding Subsections (a-1) and (a-2) to read as follows:
(a-1) The commission shall notify the comptroller if the
balance of the unobligated money in the municipal solid waste
disposal account equals or exceeds $30 million. Notwithstanding
Subsection (b), the rate of each fee established under Subsection
(a) is reduced by 50 percent not later than the 60th day after the
date of a notice described by this subsection. Revenues received by
the commission from fees collected after a reduction in the fees
under this subsection shall be deposited to the credit of the waste
management account.
(a-2) The commission shall notify the comptroller if the
balance of the unobligated money in the municipal solid waste
disposal account falls below $20 million. If a fee reduction under
Subsection (a-1) is in effect, on the 60th day after the date of a
notice under this subsection, the rate of each fee is the rate
established under Subsection (a). One-half of the revenues
received by the commission from fees collected after a fee increase
under this subsection shall be deposited to the credit of the waste
management account, and one-half of those revenues shall be
deposited to the credit of the municipal solid waste disposal
account.
SECTION 2. Section 361.014(a), Health and Safety Code, is
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. Half of the revenue is dedicated to the
commission's municipal solid waste permitting and enforcement
programs and related support activities and to pay for activities
that will enhance the state's solid waste management program,
including:
(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), 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; [and]
(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;
(12) provision of funds for natural gas vehicle
fueling stations in nonattainment areas to facilitate the
conversion of solid waste fleets from using diesel fuel to using
natural gas; and
(13) provision of funds for municipal solid waste
projects, including waste-to-energy projects, projects to turn
landfill biogas or wastewater treatment facility biogas into
electricity or renewable fuel, and projects involving the anaerobic
digestion of organic waste.
SECTION 3. 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, 2013.