HB4839 - Relating to the development, promotion, and funding of certain recycling projects.

      By: Walle H.B. No. 4839     Substitute the following for H.B. No. 4839:     By:  Landgraf C.S.H.B. No. 4839       A BILL TO BE ENTITLED   AN ACT   relating to the development, promotion, and funding of certain   recycling projects.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 361.0152(a), Health and Safety Code, is   amended by adding Subdivision (2-a) to read as follows:                 (2-a)     "Program" means the recycling market   development program established by Section 361.442.          SECTION 2.  Sections 361.0152(c), (d), (f), (g), and (h),   Health and Safety Code, are amended to read as follows:          (c)  In cooperation with the Texas Economic Development and   Tourism Office and in consultation with the recycling market   advisory council established under Section 361.443 , the program   administrator  [ commission ] shall produce for the commission a plan   with recommendations to stimulate the use of recyclable materials   as feedstock in processing and manufacturing.          (d)  The plan must:                (1)  identify the quantity and type of recyclable   materials that are being recycled from municipal and industrial   sources;                (2)  identify and estimate the quantity and type of   recyclable materials that are generated but not being recycled;                (3)  identify and estimate the current economic   benefits of recycling materials and the potential economic benefits   to be gained by recycling materials identified under Subdivision   (2);                (4)  identify the location, processing capacity, and   consumption capacity of existing principal processors and   manufacturers;                (5)  identify the barriers to increasing the use of   recyclable materials as feedstock for principal processors and   manufacturers and means to eliminate those barriers;                (6)  identify and estimate the need and type of   principal processing and manufacturing facilities necessary to   consume the existing and potential volumes of recyclable materials;   [ and ]                (7)  consider health effects related to recycled   materials and recycling technologies;                [ (7) ] (8)  recommend institutional, financial,   administrative, and physical methods, means, and processes that   could be applied by this state and by local governments to:                      (A)  increase the use of recyclable materials;                      (B)  stimulate the use of recyclable materials by   principal processors and manufacturers; and                      (C)  encourage the expansion of existing   principal processors and manufacturers and the development of new   principal processors and manufacturers that use recyclable   materials ;                 (8)     include a report on the progress and results of   research conducted by the program under Section 361.442(b);                 (9)     include a report on the status of grants and loans   provided through the program; and                 (10)     provide legislative and policy recommendations   to the commission regarding the purposes of the program .          (f)  To the extent practicable in preparing the plan, the   program administrator [ commission ] shall use methodologies and   information derived from other recycling economic studies already   performed.          (g)  The program administrator [ commission ] shall update the   plan not later than December 1 of each even-numbered year [ every   four years ], and in a year in which the plan is updated, the plan   shall be included in the annual summary of municipal solid waste   management produced by the municipal solid waste permits section of   the commission and delivered to the governor and legislature.          (h)  In cooperation with other state agencies, including the   governor's office, the commission shall develop an education   program intended for the public that must include:                (1)  the economic benefits of recycling, including job   creation, economic impact, percent of total municipal and   industrial solid waste recycled, weight and volume of municipal and   industrial solid waste recycled, and taxes and fees paid by the   recycling industry;                (2)  a spotlight of collectors and processors of   recyclable materials and manufacturers based in this state that are   using recyclable materials as feedstock; [ and ]                (3)  the detrimental effects of contamination in the   recyclable materials stream and the need to reduce those effects ;   and                 (4)     educational materials developed under Section   361.0202, as appropriate .          SECTION 3.  Chapter 361, Health and Safety Code, is amended   by adding Subchapter N-1 to read as follows:   SUBCHAPTER N-1. RECYCLING INNOVATION AND MARKET DEVELOPMENT           Sec. 361.441.  DEFINITIONS.  In this subchapter:                 (1)     "Fund" means the Texas Recycling Fund established   by Section 361.444.                 (2)     "Program" means the recycling market development   program established by Section 361.442.           Sec.   361.442.     RECYCLING MARKET DEVELOPMENT PROGRAM.   (a)     The commission shall establish a recycling market development   program to:                 (1)     facilitate the realization of economic benefits to   this state that may result from the expanded use of recycled   material as feedstock in manufacturing and processing;                 (2)     promote the development of recycling   infrastructure and technology in this state; and                 (3)  make policy recommendations to the commission.           (b)  The program administrator shall:                 (1)  conduct research on:                       (A)     techniques to improve the recycling   collection process and increase recycling rates in this state;                       (B)     processes to improve the access of   manufacturers in this state to collected recyclable materials;                       (C)     the relationship between the supply of   recyclable material and the demand for recycled material feedstock   for manufacturing and end use; and                       (D)     potential improvements to technology   currently used at recycling facilities in this state;                 (2)     oversee and coordinate initiatives conducted by   the commission, the comptroller, and other state agencies under the   recycling market development implementation program established by   Section 361.423;                 (3)     make recommendations to the commission on   potential financial incentives and policy changes to improve   recycling infrastructure in this state;                 (4)     identify and apply for federal funding   opportunities related to recycling; and                 (5)     implement and manage financial incentives for the   development of recycling infrastructure and technology in this   state, including by:                       (A)     awarding grants or making loans under this   subchapter; or                       (B)     facilitating the application by eligible   recipients for tax credits available under state or federal law.           Sec.   361.443.     RECYCLING MARKET ADVISORY COUNCIL.   (a)   The   commission shall appoint an advisory council to advise the program   administrator on the implementation of Section 361.0152 and this   subchapter.           (b)     The commission shall appoint a person to the advisory   council or fill a vacancy on the advisory council following review   and recommendation of an applicant by the executive director.           (c)     The advisory council is composed of the following 13   members:                 (1)     one representative from a regional council of   governments;                 (2)     one representative from the paper and pulp   industry in this state;                 (3)     one representative from the organics recycling   industry in this state;                 (4)     one representative from the plastic manufacturing   industry in this state;                 (5)     one representative from the advanced recycling   industry in this state;                 (6)     one representative from the mechanical recycling   industry in this state;                 (7)     one representative from the materials recovery and   sorting facilities industry in this state;                 (8)     one representative from the aluminum industry in   this state;                 (9)     one representative from the glass industry in this   state;                 (10)     one representative from the alcoholic beverage or   soft drink industry in this state;                 (11)     one representative from the packaging supply or   packaging conversion industry in this state;                 (12)     one representative from the packaged retail goods   industry in this state; and                 (13)     one representative from the State of Texas   Alliance for Recycling;                 (13)     one representative from an environmental   education or advocacy organization working on recycling.           (d)     The executive director shall designate the presiding   officer of the advisory council.           (e)     A member of the advisory council serve [Text truncated for display. 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