HBA-EDN C.S.H.B. 2271 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2271
By: Howard
Environmental Regulation
4/16/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Although Texas has strict laws regarding landfills and illegal trash
dumping, a loophole exists where illegal trash dumps can circumvent legal
requirements by calling themselves recycling centers, despite the fact that
little or no recycling may be done.  Under current law, there are no
standards governing recycling centers, and it is difficult for authorities
to take appropriate action against entities who are simply calling
themselves recycling centers to avoid having to comply with waste
management laws.  C.S.H.B. 2271 requires the Texas Natural Resource
Conservation Commission to ensure that a solid waste processing facility is
not allowed to operate as an unregulated recycling facility.    

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Natural Resource Conservation
Commission in SECTION 1 (Section  361.119, Health and Safety Code) and
SECTION 2 of this bill. 

ANALYSIS

C.S.H.B. 2271 amends the Health and Safety Code to require the Texas
Natural Resource Conservation Commission (TNRCC), by rule, to ensure that a
solid waste processing facility, the primary function of which is the
transfer of solid waste, is regulated as a solid waste facility and is not
allowed to operate unregulated as a recycling facility.  A facility and the
operations conducted and materials handled at the facility are not subject
to regulation under rules adopted under these provisions if the owner or
operator of the facility demonstrates that: 

_the primary function of the facility is to process materials that have a
resale value greater than the cost of processing materials for subsequent
beneficial use; and  

_the solid waste generated from processing the materials is disposed of in
a solid waste facility authorized under these provisions, with the
exception of small amounts of solid waste that may be inadvertently and
unintentionally disposed of in another manner. 
 
The bill requires TNRCC to adopt rules as necessary to implement the
changes in law made by these provisions as soon after the effective date of
this Act as is practicable. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2271 modifies the original by requiring the Texas Natural Resource
Conservation Commission (TNRCC) to ensure that a solid waste processing
facility is regulated as a solid waste facility and is not allowed to
operate unregulated as a recycling facility.  The substitute deletes
provisions requiring TNRCC  to adopt rules to ensure that the recyclable
material is reused and not abandoned, improperly stored, or disposed of and
that it does not create a nuisance or threaten or impair the environment or
public health and safety.