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AN ACT
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relating to the use of hazardous and solid waste remediation fee |
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funds for lead-acid battery recycling activities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 361.133(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) The commission may use the money collected and deposited |
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to the credit of the account under this section, including interest |
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credited under Subsection (b)(4), only for: |
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(1) necessary and appropriate removal and remedial |
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action at sites at which solid waste or hazardous substances have |
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been disposed if funds from a liable person, independent third |
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person, or the federal government are not sufficient for the |
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removal or remedial action; |
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(2) necessary and appropriate maintenance of removal |
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and remedial actions for the expected life of those actions if: |
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(A) funds from a liable person have been |
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collected and deposited to the credit of the account for that |
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purpose; or |
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(B) funds from a liable person, independent third |
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person, or the federal government are not sufficient for the |
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maintenance; |
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(3) expenses concerning compliance with: |
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(A) the Comprehensive Environmental Response, |
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Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et |
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seq.) as amended; |
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(B) the federal Superfund Amendments and |
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Reauthorization Act of 1986 (10 U.S.C. Section 2701 et seq.); and |
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(C) Subchapters F and I; |
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(4) expenses concerning the regulation and management |
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of household hazardous substances and the prevention of pollution |
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of the water resources of the state from the uncontrolled release of |
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hazardous substances; |
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(5) expenses concerning the cleanup or removal of a |
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spill, release, or potential threat of release of a hazardous |
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substance where immediate action is appropriate to protect human |
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health and the environment; [and] |
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(6) expenses concerning implementation of the |
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voluntary cleanup program under Subchapter S or federal brownfields |
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initiatives; and |
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(7) expenses, not to exceed 10 percent of the annually |
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appropriated amount of the fees on batteries collected under |
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Section 361.138, related to lead-acid battery recycling |
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activities, including expenses for programs: |
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(A) for remediation; and |
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(B) to create incentives for the adoption of |
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innovative technology in lead-acid battery recycling to increase |
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the efficiency and effectiveness of the recycling process or reduce |
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the negative environmental impacts of the recycling process. |
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SECTION 2. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3765 was passed by the House on April |
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29, 2009, by the following vote: Yeas 139, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3765 was passed by the Senate on May |
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13, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |