| Vote Recommendation | Economic Freedom | Property Rights | Personal Responsibility | Limited Government | Individual Liberty |
|---|---|---|---|---|---|
| Neutral | Neutral | Neutral | Neutral | Neutral | Neutral |
Relating to a defense under the Solid Waste Disposal Act for persons engaged in certain scrap metal recycling transactions.
No significant fiscal implication to the State is anticipated.
SB 1818 would limit the liability for certain persons engaged in metal recycling from claims of polluting the ground with scrap metal. To limit liability, a set of specific criteria must have been met at the time of the transaction, including requiring the person to take "reasonable care to determine that the consuming facility was in compliance with the substantive provisions" of federal and state law and environmental regulations. The bill would also give the Texas Commission on Environmental Quality authority to adopt rules necessary to administer the power provided in this bill.
To the extent that this bill may limit liability for metal recycling entities relative to their current liability exposure, we are supportive. However, we would prefer a much more streamlined bill stipulating that metal recycling entities are not liable for pollution created by any scrap metal they have lawfully transferred to new ownership. There is no reason to condition liability protection on a metal recycling entity's research into the compliance standards of the people or entities to whom they transfer ownership. All liability should transfer to the new owner at the time the new owners takes possession of the materials. For these reasons, Texas Action is neutral on SB 1818.