HBA-KMH H.B. 3119 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3119 By: Chisum Environmental Regulation 4/5/1999 Introduced BACKGROUND AND PURPOSE Municipal solid waste (MSW) tipping fees are charged in proportion to the volume of solid waste disposed of in a permitted MSW landfill and generate approximately $22 million per year. In 1995, the legislature dedicated one-half of the state's MSW fees revenue to the 24 councils of government to be used for local and regional MSW projects. The remaining half of the MSW fee revenue is used for permitting and enforcement of related programs at the Texas Natural Resource Conservation Commission (TNRCC). Some contend that the tipping fees are being used for purposes not related to solid waste or to compete with private landfills. Ultimately, the question is whether the revenues can be spent on legitimate purposes. H.B. 3119 dedicates at least one-half, rather than half, the MSW revenue received by TNRCC to municipal solid waste permitting and enforcement programs and support related activities. This bill also gives TNRCC broad discretionary authority to use the funds. In addition, this bill deletes provisions crediting the revenue to other specific funds. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 361.014, Health and Safety Code, to provide that at least half, rather than half, of the revenue received by the Texas Natural Resource Conservation Commission (TNRCC) under Section 361.013 (Solid Waste Disposal and Transportation Fees) is dedicated to TNRCC's municipal solid waste permitting and enforcement programs and related support activities. Includes a provision giving TNRCC express discretionary authority to use of the funds. Deletes provisions relating to a dedication of half the fund to local and regional solid waste projects and implementation of those projects. Deletes a provision requiring revenue derived from fees charged under Section 361.013(c) to a transporter of whole used or scrap tires or shredded tire pieces to be deposited to the credit of the waste tire recycling account. Makes conforming and nonsubstantive changes. SECTION 2. Emergency clause. Effective date: upon passage.