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