Texas Natural Resources Code - NAT RES § 85.064. Action Against Corporation

On or before January 1, 2016, the Commissioner of Energy and Environmental Protection, in consultation with the Materials Innovation and Recycling Authority, shall issue a request for proposals from providers of solid waste materials management services, including, but not limited to, recycling, reuse, energy and fuel recovery for the purpose of redeveloping the Connecticut Solid Waste System Project.  Such proposals shall not include the provision of waste collection or transportation services.  From such proposals, the commissioner may select not more than three respondents who may each conduct a feasibility study with the cooperation of the Materials Innovation and Recycling Authority.  Any such feasibility study shall be completed not later than January 1, 2017, and any such respondent shall submit a final proposal to the Commissioner of Energy and Environmental Protection not later than July 1, 2017.  The commissioner shall provide an opportunity for public review and comment on such feasibility study.  On or before September 15, 2017, the commissioner shall submit a report on the nature and status of such proposals to the joint standing committees of the General Assembly having cognizance of matters relating to the environment and energy and technology and to the joint standing committee on legislative management.  The joint standing committees of the General Assembly having cognizance of matters relating to the environment and energy and technology may hold a joint public hearing on such report not later than thirty days after receipt of such report.  The commissioner, or the commissioner's designee, shall testify at any such public hearing and receive comments from the members of said committees concerning such proposals.  On or before December 31, 2017, the Commissioner of Energy and Environmental Protection may select one such final proposal and direct the Materials Innovation and Recycling Authority to enter into an agreement with the applicable respondent for the redevelopment of the Connecticut Solid Waste Management System Project.  In selecting such final proposal, the Commissioner of Energy and Environmental Protection shall consider the following factors:  (1) Whether the proposal is consistent with the strategies developed pursuant to section 22a-241a, (2) whether the proposal is consistent with the goals of the state-wide solid waste management plan adopted in accordance with section 22a-228, (3) whether the proposal is in the best interest of the municipalities under contract with the Materials Innovation and Recycling Authority, including, but not limited to, the maintenance or reduction of current tipping fees for contracted waste, (4) the level of investment proposed by the respondent, (5) any potential positive impacts on the state's economic development, (6) public comments received on the feasibility studies, and (7) any other factor consistent with the purpose of this section that the Commissioner of Energy and Environmental Protection deems relevant to the redevelopment of the Connecticut Solid Waste System Project.  The selection of a final proposal by the Department of Energy and Environmental Protection, in consultation with the Materials Innovation and Recycling Authority, shall not be construed as a legislative mandate as it relates to the Materials Innovation and Recycling Authority's ability to obligate municipal customers to remain under contract.