HBA-AMW H.B. 1899 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1899
By: Turner, Sylvester
Environmental Regulation
4/5/2001
Introduced



BACKGROUND AND PURPOSE 

The Texas Natural Resource Conservation Commission (TNRCC) allocates
one-half of the revenue generated by state fees on municipal solid waste
disposed of at landfills to grants for regional and local municipal solid
waste projects.  Approximately $11 million per year in municipal solid
waste grants are awarded to regional and local governments for these
projects.  Concerns have been raised that the current revenue share that
municipalities receive is disproportionate to the amount the municipalities
initially pay into the fund.  House Bill 1899 requires TNRCC to consult
with local  governments and regional planning commissions on the allocation
of the solid waste fee revenue and requires each local government and
regional planning commission to submit a biennial report to TNRCC detailing
how the solid waste fee revenue is spent. 

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. 

ANALYSIS

House Bill 1899 amends the Health and Safety Code to require each local
government and planning commission to submit a biennial report by December
1 of each even-numbered year to the Texas Natural Resource Conservation
Commission (TNRCC) detailing how the municipality's solid waste fee revenue
is spent.  The bill requires TNRCC to submit a summary of the report as
part of its annual report to the governor and legislature.  The bill
removes the requirement that each planning region issue a biennial report
to the legislature detailing how the solid waste fee revenue is spent.   

The bill requires TNRCC to allow a home-rule municipality that has enacted
an ordinance to impose a local environmental protection fee for disposal
services as of January 1, 2002, rather than January 1, 1993, to offer
environmental programs or services.  The bill removes disposal programs or
services from the types of programs or services such a municipality shall
be allowed by TNRCC to offer.  The bill removes the requirement that the
solid waste fee revenue be allocated to municipal solid waste geographic
planning regions and requires TNRCC to consult with the local governments
and regional planning commissions in establishing the formula for
allocating the revenue. 

EFFECTIVE DATE

September 1, 2001.