HB3229 - Relating to recycling of certain renewable energy components; authorizing an administrative penalty.

      H.B. No. 3229         AN ACT   relating to recycling of certain renewable energy components;   authorizing an administrative penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle B, Title 5, Health and Safety Code, is   amended by adding Chapter 376 to read as follows:   CHAPTER 376. RENEWABLE ENERGY COMPONENT RECYCLING FACILITIES           Sec.   376.001.     DEFINITION. In this chapter, "commission"   means the Texas Commission on Environmental Quality.           Sec.   376.002.     APPLICABILITY. This chapter applies only to   a recycling facility that accepts, processes, and repurposes   components to recover valuable materials from:                 (1)     a wind turbine generator, including turbine   blades, nacelles, nacelle covers, towers, drivetrains, generators,   magnets, power electronics, and cables;                 (2)     a solar energy device, as defined by Section   185.001, Utilities Code, including solar modules, junction boxes,   transformers, inverters, racks or trackers, and cables; or                 (3)     a battery energy storage system, including battery   cells, racks, containers, inverters, battery management systems,   cooling and fire suppression systems, and cables.           Sec.   376.003.     REPORT. (a) The owner of a recycling facility   shall submit a report to the commission not later than January 15 of   each year that includes:                 (1)     an inventory of all components of a wind turbine   generator, solar energy device, or battery energy storage system   accepted by the facility for recycling that have not yet been   recycled, including any components the facility has taken title to   or assumed control of regardless of whether the components are   located at the facility;                 (2)     an estimated timeline for recycling or disposing   of the components described by Subdivision (1); and                 (3)     a cost estimate for recycling or disposing of the   components described by Subdivision (1) prepared by an independent,   third-party professional engineer licensed in this state.           (b)  The owner of the recycling facility shall:                 (1)     submit with the facility's first report submitted   under Subsection (a) evidence of financial assurance in an amount   equal to 100 percent of the cost estimated under Subsection (a)(3);   and                 (2)     submit with each subsequent report any additional   financial assurance necessary to ensure that the amount of   financial assurance the owner has on file with the commission for   the facility is at least equal to 100 percent of the cost estimated   under Subsection (a)(3) in the subsequent report.           (c)     Acceptable forms of financial assurance for purposes of   this section include:                 (1)     a parent company guaranty with a minimum   investment grade credit rating for the parent company issued by a   major domestic credit rating agency;                 (2)  a letter of credit; or                 (3)  a bond.           Sec.   376.004.     INTERNET POSTING. The commission shall   maintain on its Internet website a list of recycling facilities in   this state that are in compliance with this chapter.           Sec.   376.005.     ADMINISTRATIVE PENALTY. (a) A person may not   accept, process, or repurpose components as described by Section   376.002 for compensation unless the person complies with the   requirements of this chapter.           (b)     The commission may impose an administrative penalty on   an owner or operator of a recycling facility to which this section   applies in accordance with Section 7.052(b-5), Water Code.          SECTION 2.  Section 5.013(a), Water Code, is amended to read   as follows:          (a)  The commission has general jurisdiction over:                (1)  water and water rights including the issuance of   water rights permits, water rights adjudication, cancellation of   water rights, and enforcement of water rights;                (2)  continuing supervision over districts created   under Article III, Sections 52(b)(1) and (2), and Article XVI,   Section 59, of the Texas Constitution;                (3)  the state's water quality program including   issuance of permits, enforcement of water quality rules, standards,   orders, and permits, and water quality planning;                (4)  the determination of the feasibility of certain   federal projects;                (5)  the adoption and enforcement of rules and   performance of other acts relating to the safe construction,   maintenance, and removal of dams;                (6)  conduct of the state's hazardous spill prevention   and control program;                (7)  the administration of the state's program relating   to inactive hazardous substance, pollutant, and contaminant   disposal facilities;                (8)  the administration of a portion of the state's   injection well program;                (9)  the administration of the state's programs   involving underground water and water wells and drilled and mined   shafts;                (10)  the state's responsibilities relating to regional   waste disposal;                (11)  the responsibilities assigned to the commission   by Chapters 361, 363, 376, 382, 401, 505, 506, and 507, Health and   Safety Code; and                (12)  any other areas assigned to the commission by   this code and other laws of this state.          SECTION 3.  Section 7.052, Water Code, is amended by adding   Subsection (b-5) to read as follows:           (b-5)     The amount of the penalty for a violation of Chapter   376, Health and Safety Code, may not exceed $500 a day for each   violation.          SECTION 4.  This Act takes effect September 1, 2025.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 3229 was passed by the House on April   29, 2025, by the following vote:  Yeas 145, Nays 0, 1 present, not   voting.     ______________________________   Chief Clerk of the House                 I certify that H.B. No. 3229 was passed by the Senate on May   19, 2025, by the following vote:  Yeas 31, Nays 0.     ______________________________   Secretary of the Senate       APPROVED:  _____________________                      Date                           _____________________                    Governor