Sec. 361.0152. STIMULATE USE OF RECYCLABLE MATERIAL. (a) In this section:

(1) "Manufacturer" means a facility that uses postconsumer or postindustrial derived recyclable material to create a finished product for sale or trade.

(2) "Principal processor" means a facility that receives recyclable materials from generators or collection programs and sorts, cleans, screens, bales, densifies, cures, or creates product that is ready for beneficial reuse immediately after processing or is ready to be used as a feedstock by a subsequent processor or manufacturer.

(3) "Recyclable material" includes paper, plastic, metal, glass, vegetative waste, compost, mulch, tires, electronic waste, construction and demolition debris, batteries, and paint.

(b) This section does not apply to ferrous or nonferrous metals recycled by a metal recycling entity as defined by Section 1956.001, Occupations Code.

(c) In cooperation with the Texas Economic Development and Tourism Office, the commission shall produce a plan 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) 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.

(e) The plan may not require a generator, collector, or processor of recyclable materials to ship to or use a particular processing or manufacturing facility.

(f) To the extent practicable in preparing the plan, the commission shall use methodologies and information derived from other recycling economic studies already performed.

(g) The commission shall update the plan 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.

(i) The commission shall update the education program required by Subsection (h) at least every four years.

(j) The commission may enter into contracts with public, private, and nonprofit organizations to produce the plan required by Subsection (c) and the education program required by Subsection (h).

Added by Acts 2019, 86th Leg., R.S., Ch. 61 (S.B. 649), Sec. 1, eff. September 1, 2019.