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