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.