HEALTH AND SAFETY CODE

TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY

SUBTITLE B. SOLID WASTE, TOXIC CHEMICALS, SEWAGE, LITTER, AND WATER

CHAPTER 376. RENEWABLE ENERGY COMPONENT RECYCLING FACILITIES

Sec. 376.001.  DEFINITION.  In this chapter, "commission" means the Texas Commission on Environmental Quality.
Added by Acts 2025, 89th Leg., R.S., Ch. 273 (H.B. 3229), Sec. 1, eff. September 1, 2025.

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.
Added by Acts 2025, 89th Leg., R.S., Ch. 273 (H.B. 3229), Sec. 1, eff. September 1, 2025.

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.
Added by Acts 2025, 89th Leg., R.S., Ch. 273 (H.B. 3229), Sec. 1, eff. September 1, 2025.

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.
Added by Acts 2025, 89th Leg., R.S., Ch. 273 (H.B. 3229), Sec. 1, eff. September 1, 2025.

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.
Added by Acts 2025, 89th Leg., R.S., Ch. 273 (H.B. 3229), Sec. 1, eff. September 1, 2025.