85R9768 SLB-D     By: Walle H.B. No. 2046       A BILL TO BE ENTITLED   AN ACT   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 [94 cents] per ton received for   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 [30] cents per cubic yard and   the fee for uncompacted solid waste is 25 [19] cents per cubic yard   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 [66.7] percent is dedicated to   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 [33.3] percent is dedicated to local and regional solid   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.