H.B. No. 2541
  relating to emergency response costs and certain other requirements
  concerning solid waste facilities, including recycling facilities.
         SECTION 1.  Subchapter B, Chapter 361, Health and Safety
  Code, is amended by adding Section 361.0145 to read as follows:
  EMERGENCY.  (a)  The commission may make an immediate response to
  or remediation of a fire or other emergency that involves solid
  waste, including processed or unprocessed material suitable for
  recycling or composting, as the commission determines necessary to
  protect the public health or safety.
         (b)  Notwithstanding Section 361.014(b), revenue otherwise
  dedicated under that section may be used for an action authorized by
  Subsection (a).
         (c)  The commission may recover from a person who is
  responsible for the solid waste as provided by Section 361.271 the
  reasonable expenses incurred by the commission during an immediate
  response and remediation action under Subsection (a).  The state
  may bring an action to recover those reasonable expenses.
         (d)  If the commission used for an action under Subsection
  (a) money otherwise dedicated under Section 361.014(b), money
  recovered under Subsection (c) shall be deposited in the state
  treasury to the credit of the commission until the amount deposited
  equals the amount of the dedicated money used.  Money credited under
  this subsection may be used only as provided by Section 361.014(b).
         SECTION 2.  Subchapter C, Chapter 361, Health and Safety
  Code, is amended by adding Section 361.1191 to read as follows:
  IN CERTAIN COUNTIES.  (a)  This section applies only to a municipal
  solid waste recycling facility that does not hold a permit or
  registration issued by the commission that stores combustible
  materials to produce mulch or compost and is located in a county
               (1)  has a population of more than 1.3 million; and
               (2)  includes areas designated as a recharge or
  transition zone of an aquifer as defined under the commission's
  Edwards Aquifer Protection Program that is the sole or principal
  source of drinking water for an area designated under Section
  1424(e), Safe Drinking Water Act of 1974 (42 U.S.C. Section
  300h-3(e)) and by the Environmental Protection Agency as the
  Edwards Underground Reservoir under 40 Federal Register 58344.
         (b)  The commission by rule shall:
               (1)  prescribe time limits for processing and removing
  materials from a facility;
               (2)  limit the amount of combustible material that may
  be stored at a recycling facility;
               (3)  limit the size of a pile of combustible recyclable
  or recycled materials, including composting materials or mulch, at
  a recycling facility;
               (4)  impose different standards for a recycling
  facility appropriate to the size and number of piles of combustible
  materials to be stored or processed at the facility;
               (5)  require a recycling facility to establish fire
  lanes between piles of combustible materials;
               (6)  require buffer zones between a recycling facility
  and a residence, school, or church; and
               (7)  for a recycling facility that is located on a
  recharge or transition zone referenced in Subsection
                     (A)  impose more stringent standards; and
                     (B)  require groundwater protection features,
  such as liners and monitor wells.
         (c)  A rule adopted by the commission under this section does
  not become effective until the first anniversary of the date on
  which the rule was adopted.
         SECTION 3.  This Act takes effect September 1, 2007.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I certify that H.B. No. 2541 was passed by the House on May 4,
  2007, by the following vote:  Yeas 139, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2541 on May 25, 2007, by the following vote:  Yeas 141, Nays 0,
  2 present, not voting.
  Chief Clerk of the House   
         I certify that H.B. No. 2541 was passed by the Senate, with
  amendments, on May 23, 2007, by the following vote:  Yeas 31, Nays
  Secretary of the Senate   
  APPROVED: __________________