S.B. No. 963
AN ACT
1-1 relating to municipal solid waste management.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. The legislature finds that:
1-4 (1) the reduction of municipal solid waste by
1-5 encouraging affordable alternatives to disposal is an important
1-6 strategy in state-local waste management policy;
1-7 (2) improving all the municipal solid waste management
1-8 techniques is necessary to achieve the goal of reducing the
1-9 municipal solid waste stream;
1-10 (3) waste reduction efforts should focus on waste
1-11 stream components that are highest in volume;
1-12 (4) a municipal solid waste infrastructure that
1-13 encourages the reduction of waste through environmentally and
1-14 economically sound waste management incentives and the use of
1-15 source reduction, reuse, recycling, composting, and resource
1-16 recovery processes should be developed;
1-17 (5) flexible and effective means of implementing and
1-18 enforcing municipal solid waste laws should be provided;
1-19 (6) incentives for businesses to use recycled
1-20 materials should be created; and
1-21 (7) the actual cost of municipal solid waste disposal
1-22 should be imposed by municipalities on those that place municipal
1-23 solid waste in the solid waste stream in order to pay for
1-24 infrastructure development and to encourage waste reduction from
2-1 landfills.
2-2 SECTION 2. Section 361.014, Health and Safety Code, is
2-3 amended to read as follows:
2-4 Sec. 361.014. Use of Solid Waste Fee Revenue. Revenue
2-5 received by the commission <department> under Section 361.013 shall
2-6 be deposited in the state treasury to the credit of the commission
2-7 <department>. At least half the revenue is dedicated to the
2-8 commission's <department's> municipal solid waste permitting and
2-9 enforcement programs and related support activities, and the
2-10 balance of the revenue is dedicated to pay for activities that will
2-11 enhance the state's solid waste management program, including:
2-12 (1) provision of funds for the municipal solid waste
2-13 management planning fund and the municipal solid waste resource
2-14 recovery applied research and technical assistance fund established
2-15 by the Comprehensive Municipal Solid Waste Management, Resource
2-16 Recovery, and Conservation Act (Chapter 363);
2-17 (2) conduct of demonstration projects and studies to
2-18 help local governments of various populations and the private
2-19 sector to convert to accounting systems and set rates that reflect
2-20 the full costs of providing waste management services and are
2-21 proportionate to the amount of waste generated;
2-22 (3) provision of technical assistance to local
2-23 governments concerning solid waste management;
2-24 (4) <(3)> establishment of a solid waste resource
2-25 center in the department and an office of waste minimization and
2-26 recycling;
2-27 (5) <(4)> provision of supplemental funding to local
3-1 governments for the enforcement of this chapter, the Texas Litter
3-2 Abatement Act (Chapter 365), and Chapter 741, Acts of the 67th
3-3 Legislature, Regular Session, 1981 (Article 4477-9a, Vernon's Texas
3-4 Civil Statutes);
3-5 (6) <(5)> conduct of a statewide public awareness
3-6 program concerning solid waste management;
3-7 (7) <(6)> provision of supplemental funds for other
3-8 state agencies with responsibilities concerning solid waste
3-9 management, recycling, and other initiatives with the purpose of
3-10 diverting recyclable waste from landfills;
3-11 (8) <(7)> conduct of research to promote the
3-12 development and stimulation of markets for recycled waste products;
3-13 (9) provision of funds to mitigate the economic and
3-14 environmental impacts of lead-acid battery recycling activities on
3-15 local governments;
3-16 (10) <(8)> creation of a state municipal solid waste
3-17 superfund for:
3-18 (A) the cleanup of unauthorized tire dumps and
3-19 solid waste dumps for which a responsible party cannot be located
3-20 or is not immediately financially able to provide the cleanup; and
3-21 (B) the cleanup or proper closure of abandoned
3-22 or contaminated municipal solid waste sites for which a responsible
3-23 party is not immediately financially able to provide the cleanup;
3-24 and
3-25 (11) <(9)> provision of funds for other programs that
3-26 the commission <board of health> may consider appropriate to
3-27 further the purposes of this chapter.
4-1 SECTION 3. Subsections (a), (b), (d), (e), and (f), Section
4-2 361.020, Health and Safety Code, are amended to read as follows:
4-3 (a) The commission <department> shall develop a strategic
4-4 state solid waste plan for all solid waste under its jurisdiction.
4-5 The commission shall develop a strategic <state solid waste> plan
4-6 for the reduction of solid waste <under its jurisdiction. The
4-7 state agencies shall coordinate the solid waste plans developed>.
4-8 (b) A strategic plan shall<, for the kinds of waste under
4-9 the jurisdiction of the agency preparing the plan,> identify both
4-10 short-term and long-term waste management problems, set short-term
4-11 objectives as steps toward meeting long-term goals, and recommend
4-12 specific actions to be taken within stated <state> times designed
4-13 to address the identified problems and to achieve the stated
4-14 objectives and goals. A plan shall reflect the state's preferred
4-15 waste management methods as stated in Section 361.022 or 361.023
4-16 <for the kinds of waste under the jurisdiction of the agency
4-17 preparing the plan>. A strategic plan shall describe the total
4-18 estimated generation of solid waste in the state over a five-year
4-19 and a 10-year period and shall list existing and proposed solid
4-20 waste management facilities to manage that waste.
4-21 (d) The commission in developing a comprehensive statewide
4-22 <Each agency in preparing its> strategic plan shall:
4-23 (1) consult with:
4-24 (A) <(1)> the agency's waste minimization,
4-25 recycling, or reduction division;
4-26 (B) the municipal solid waste management and
4-27 resource recovery advisory council;
5-1 (C) <(2)> the waste reduction advisory
5-2 committee; <and>
5-3 (D) <(3)> the interagency coordinating council;
5-4 and
5-5 (E) local governments, appropriate regional and
5-6 state agencies, businesses, citizen groups, and private waste
5-7 management firms;
5-8 (2) hold public hearings in different regions of the
5-9 state; and
5-10 (3) publish the proposed plan in the Texas Register.
5-11 (e) A strategic plan shall be updated every two years. The
5-12 commission <Each agency> continually shall collect and analyze data
5-13 for use in its next updated plan and systematically shall monitor
5-14 progress toward achieving existing plan objectives and goals. In
5-15 preparing its updated plan, an agency shall examine previously and
5-16 newly identified waste management problems, reevaluate its plan
5-17 objectives and goals, and review and update its planning documents.
5-18 (f) Before the <department or the> commission adopts its
5-19 strategic plan or makes significant amendments to the plan, the
5-20 Texas Air Control Board must have the opportunity to comment and
5-21 make recommendations on the proposed plan or amendments and shall
5-22 be given such reasonable time to do so as specified by the agency.
5-23 SECTION 4. Subchapter B, Chapter 361, Health and Safety
5-24 Code, is amended by adding Section 361.0201 to read as follows:
5-25 Sec. 361.0201. COMPREHENSIVE MUNICIPAL SOLID WASTE
5-26 MANAGEMENT STRATEGIC PLAN. (a) The comprehensive municipal solid
5-27 waste management strategic plan developed under Section 361.020
6-1 shall identify the components of the municipal solid waste stream
6-2 that are highest in volume and shall set priorities according to
6-3 those findings.
6-4 (b) The plan shall:
6-5 (1) describe the capacity in the state to manage
6-6 municipal waste through existing treatment or disposal facilities
6-7 and identify all existing municipal solid waste management
6-8 facilities in the state, their capacity, and their projected
6-9 remaining useful life; and
6-10 (2) analyze the state's capacity requirements over the
6-11 planning periods specified in Section 361.020(c).
6-12 (c) The analysis of capacity requirements under Subsection
6-13 (b) shall:
6-14 (1) examine the type and amount of each municipal
6-15 solid waste stream that can reasonably be expected to be generated
6-16 in the state or accepted from other states, using information on
6-17 existing and past levels of waste and representative receipts from
6-18 other states, and shall include information on the sources,
6-19 characteristics, and current patterns of waste management of those
6-20 waste streams; and
6-21 (2) estimate the amount of the total municipal solid
6-22 waste identified under this subsection that is reasonably expected
6-23 to be:
6-24 (A) recycled annually, according to previous
6-25 rates and projected increases from those rates;
6-26 (B) transported annually to another state or
6-27 imported into this state for treatment or other disposition
7-1 according to previous rates and projected increases from those
7-2 rates; and
7-3 (C) disposed of or incinerated annually within
7-4 the state.
7-5 (d) The plan shall set a goal for overall reduction in the
7-6 amount of municipal solid waste consistent with Section 361.422
7-7 using 1991 as the base year for computing the reduction. The
7-8 commission may adjust this goal if it determines that it is not
7-9 necessary given the state's disposal capacity, is not economically
7-10 or technologically feasible, or is not feasible given the state's
7-11 projected population growth.
7-12 (e) The plan shall ensure that source reduction, reuse,
7-13 recycling, composting, and resource recovery are all addressed.
7-14 (f) The plan shall include a program of public education
7-15 developed under Section 361.0202.
7-16 (g) The plan may not allow the commission to require a local
7-17 government to perform any act not specifically required by state
7-18 law or commission rule.
7-19 SECTION 5. Subchapter B, Chapter 361, Health and Safety
7-20 Code, is amended by adding Section 361.0202 to read as follows:
7-21 Sec. 361.0202. DEVELOPMENT OF EDUCATION PROGRAMS. (a) The
7-22 commission shall develop a public awareness program to increase
7-23 awareness of individual responsibility for properly reducing and
7-24 disposing of municipal solid waste and to encourage participation
7-25 in waste source reduction, composting, reuse, and recycling. The
7-26 program shall include:
7-27 (1) a media campaign to develop and disseminate
8-1 educational materials designed to establish broad public
8-2 understanding and compliance with the state's waste reduction and
8-3 recycling goals; and
8-4 (2) a curriculum, developed in cooperation with the
8-5 commissioner of education and suitable for use in programs from
8-6 kindergarten through high school, that promotes waste reduction and
8-7 recycling.
8-8 (b) As part of the program, the commission may:
8-9 (1) advise and consult with individuals, businesses,
8-10 and manufacturers on source reduction techniques and recycling; and
8-11 (2) sponsor or cosponsor with public and private
8-12 organizations technical workshops and seminars on source reduction
8-13 and recycling.
8-14 SECTION 6. Subchapter B, Chapter 361, Health and Safety
8-15 Code, is amended by adding Section 361.0219 to read as follows:
8-16 Sec. 361.0219. OFFICE OF WASTE EXCHANGE. (a) The office of
8-17 waste exchange is an office of the commission.
8-18 (b) The office shall facilitate the exchange of solid waste,
8-19 recyclable or compostable materials, and other secondary materials
8-20 among persons that generate, recycle, compost, or reuse those
8-21 materials, in order to foster greater recycling, composting, and
8-22 reuse in the state. At least one party to such an exchange must be
8-23 in the state. The office shall provide information to interested
8-24 persons on arranging exchanges of these materials in order to allow
8-25 greater recycling, composting, and reuse of the materials and may
8-26 act as broker for exchanges of the materials if private brokers are
8-27 not available.
9-1 (c) The office of waste exchange shall adopt a plan for
9-2 providing to interested persons information on waste exchange and
9-3 shall report to the legislature on the plan and on the state's
9-4 participation in any regional or national waste exchange program.
9-5 Annually the office of waste exchange shall report to the
9-6 legislature on progress in implementing this section, including
9-7 information on the movement and exchange of materials and the
9-8 effect on recycling, composting, and reuse rates in the state.
9-9 SECTION 7. Section 361.0234, Health and Safety Code, is
9-10 amended by adding Subsection (c) to read as follows:
9-11 (c) The assessments and rules adopted under this section and
9-12 Section 361.0232 may not be applied retroactively to any
9-13 application that was declared administratively and technically
9-14 complete and for which public hearings had commenced before June 7,
9-15 1991.
9-16 SECTION 8. Section 361.024, Health and Safety Code, is
9-17 amended by adding Subsection (e) to read as follows:
9-18 (e) Rules shall be adopted as provided by the Administrative
9-19 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
9-20 Civil Statutes). As provided by that Act, the commission must
9-21 adopt rules when adopting, repealing, or amending any agency
9-22 statement of general applicability that interprets or prescribes
9-23 law or policy or describes the procedure or practice requirements
9-24 of the agency. The commission shall follow its own rules as
9-25 adopted until it changes them in accordance with that Act.
9-26 SECTION 9. Subsection (a), Section 361.034, Health and
9-27 Safety Code, is amended to read as follows:
10-1 (a) The commission shall submit a report to the presiding
10-2 officers of the legislature and the governor not later than January
10-3 1 of each odd-numbered year. The report must include:
10-4 (1) a summary of a performance report of the imposed
10-5 industrial solid waste and hazardous waste fees authorized under
10-6 Subchapter D and related activities to determine the
10-7 appropriateness of the fee structures;
10-8 (2) an evaluation of progress made in accomplishing
10-9 the state's public policy concerning the preference of waste
10-10 management methods under Section 361.023;
10-11 (3) projections of the volume of waste by type of
10-12 waste, disposition of waste, and remaining capacity or capacity
10-13 used for the treatment and disposal of the waste; <and>
10-14 (4) projections of the availability of adequate
10-15 capacity in this state for the management of all types of hazardous
10-16 waste generated within the state and a report of the amounts,
10-17 types, and sources of hazardous waste imported into and exported
10-18 from the state in the previous year;
10-19 (5) an evaluation of the progress made and activities
10-20 engaged in consistent with the state's municipal solid waste
10-21 management plan, in particular the progress toward meeting the
10-22 waste reduction goal established by Section 361.0201(d);
10-23 (6) an evaluation of the progress made by local
10-24 governments under the solid waste management plans;
10-25 (7) the status of state procurement under Section
10-26 361.426 of products made of recycled materials or that are
10-27 reusable, including documentation of any decision not to purchase
11-1 those products;
11-2 (8) the status of the governmental entity recycling
11-3 program established under Section 361.425, including the status of
11-4 collection and storage procedures and program evaluations required
11-5 by that section;
11-6 (9) the status of the public education program
11-7 described in Section 361.0202; and
11-8 (10) recommendations to the governor and to the
11-9 legislature for improving the management of municipal solid waste
11-10 in the state.
11-11 SECTION 10. Section 361.111, Health and Safety Code, is
11-12 amended to read as follows:
11-13 Sec. 361.111. COMMISSION SHALL <DEPARTMENT MAY> EXEMPT
11-14 CERTAIN MUNICIPAL SOLID WASTE MANAGEMENT FACILITIES. (a) The
11-15 commission shall <department may> exempt from permit requirements a
11-16 municipal solid waste management facility that<:>
11-17 <(1)> is used in the transfer of municipal solid waste
11-18 to a solid waste processing or disposal facility from:
11-19 (1) a municipality <service area> with a population of
11-20 less than 50,000;
11-21 (2) a county with a population of less than 85,000;
11-22 (3) a facility used in the transfer of municipal solid
11-23 waste that transfers or will transfer 125 tons a day or less; or
11-24 (4) a materials recovery facility that recycles for
11-25 reuse more than 10 percent of its incoming nonsegregated waste
11-26 stream if the remaining nonrecyclable waste is transferred to a
11-27 permitted landfill not farther than 50 miles from the materials
12-1 recovery facility.
12-2 (b) The facility shall comply <5,000 to a solid waste
12-3 processing or disposal site; and>
12-4 <(2) complies> with design and operational
12-5 requirements established by commission <board of health> rule that
12-6 are necessary to protect the public's health and the environment.
12-7 (c) To qualify for an exemption under this section, an
12-8 applicant must hold a public meeting about the siting of the
12-9 facility in the municipality or county in which the facility is or
12-10 will be located.
12-11 SECTION 11. Section 363.003, Health and Safety Code, is
12-12 amended to read as follows:
12-13 Sec. 363.003. FINDINGS. The legislature finds that:
12-14 (1) the growth of the state's economy and population
12-15 has resulted in an increase in discarded materials;
12-16 (2) the improper management of solid waste creates
12-17 hazards to the public health, can cause air and water pollution,
12-18 creates public nuisances, and causes a blight on the landscape;
12-19 (3) there is increasing public opposition to the
12-20 location of solid waste land disposal facilities;
12-21 (4) because some communities lack sufficient financial
12-22 resources, municipal solid waste land disposal sites in the state
12-23 are being improperly operated and maintained, causing potential
12-24 health problems to nearby residents, attracting vectors, and
12-25 creating conditions that destroy the beauty and quality of our
12-26 environment;
12-27 (5) often, operational deficiencies occur at rural
13-1 solid waste land disposal sites operated by local governments that
13-2 do not have the funds, personnel, equipment, and technical
13-3 expertise to properly operate a disposal system;
13-4 (6) many smaller communities and rural residents have
13-5 no organized solid waste collection and disposal system, resulting
13-6 in dumping of garbage and trash along the roadside, in roadside
13-7 parks, and at illegal dump sites;
13-8 (7) combining two or more small, inefficient
13-9 operations into local, regional, or countywide systems may provide
13-10 a more economical, efficient, and safe means for the collection and
13-11 disposal of solid waste and will offer greater opportunities for
13-12 future resource recovery;
13-13 (8) there are private operators of municipal solid
13-14 waste management systems with whom persons can contract or
13-15 franchise their services, and many of those private operators
13-16 possess the management expertise, qualified personnel, and
13-17 specialized equipment for the safe collection, handling, and
13-18 disposal of solid waste;
13-19 (9) technologies exist to separate usable material
13-20 from solid waste and to convert solid waste to energy, and it will
13-21 benefit this state to work in cooperation with private business,
13-22 nonprofit organizations, and public agencies that have acquired
13-23 knowledge, expertise, and technology in the fields of energy
13-24 production and recycling, reuse, reclamation, and collection of
13-25 materials;
13-26 (10) the opportunity for resource recovery is
13-27 diminished unless local governments can exercise control over solid
14-1 waste and can enter long-term contracts to supply solid waste to
14-2 resource recovery systems or to operate those systems; <and>
14-3 (11) the control of solid waste collection and
14-4 disposal should continue to be the responsibility of local
14-5 governments and public agencies, but the problems of solid waste
14-6 management have become a matter of state concern and require state
14-7 financial assistance to plan and implement solid waste management
14-8 practices that encourage the safe disposal of solid waste and the
14-9 recovery of material and energy resources from solid waste; and
14-10 (12) local governments should be encouraged to
14-11 contract with waste management firms to meet the requirements of
14-12 this chapter.
14-13 SECTION 12. Subchapter C, Chapter 361, Health and Safety
14-14 Code, is amended by adding Section 361.0961 to read as follows:
14-15 Sec. 361.0961. RESTRICTIONS ON AUTHORITY OF LOCAL GOVERNMENT
14-16 OR OTHER POLITICAL SUBDIVISION. (a) A local government or other
14-17 political subdivision may not adopt an ordinance, rule, or
14-18 regulation to:
14-19 (1) prohibit or restrict, for solid waste management
14-20 purposes, the sale or use of a container or package in a manner not
14-21 authorized by state law;
14-22 (2) prohibit or restrict the processing of solid waste
14-23 by a solid waste facility, except for a solid waste facility owned
14-24 by the local government, permitted by the commission for that
14-25 purpose in a manner not authorized by state law; or
14-26 (3) assess a fee or deposit on the sale or use of a
14-27 container or package.
15-1 (b) This section does not prevent a local government or
15-2 other political subdivision from complying with federal or state
15-3 law or regulation. A local government or other political
15-4 subdivision may take any action otherwise prohibited by this
15-5 section in order to comply with federal requirements or to avoid
15-6 federal or state penalties or fines.
15-7 (c) This section does not limit the authority of a local
15-8 government to enact zoning ordinances.
15-9 SECTION 13. Section 363.062, Health and Safety Code, is
15-10 amended by adding a new Subsection (d) and relettering existing
15-11 Subsections (d) and (e) to read as follows:
15-12 (d) In each even-numbered year on the anniversary of the
15-13 adoption of a municipal solid waste management plan, each planning
15-14 region shall report to the department on the progress of the
15-15 region's municipal solid waste management program and recycling
15-16 activities developed under this section. The department may not
15-17 require a planning region to submit to the department information
15-18 previously submitted to the department by the planning region in an
15-19 earlier plan or report.
15-20 (e) If the department determines that a regional solid waste
15-21 management plan does not conform to the requirements adopted by the
15-22 board, the department shall give written notice to the planning
15-23 region of each aspect of the plan that must be changed to conform
15-24 to board requirements. After the changes have been made in the
15-25 plan as provided by the department, the department shall submit the
15-26 plan to the board for approval.
15-27 (f) <(e)> The board by rule shall adopt an approved regional
16-1 solid waste management plan.
16-2 SECTION 14. Section 363.063, Health and Safety Code, is
16-3 amended by adding a new Subsection (d) and relettering existing
16-4 Subsections (d) and (e) to read as follows:
16-5 (d) In each even-numbered year on the anniversary of the
16-6 adoption of a municipal solid waste management plan, each local
16-7 government shall report to the department on the progress of its
16-8 municipal solid waste management program and recycling activities
16-9 implemented under this section. The department may not require a
16-10 local government to submit to the planning region or to the
16-11 department information previously submitted to the planning region
16-12 or department by the local government in an earlier plan or report.
16-13 (e) If the department determines that a local solid waste
16-14 management plan does not conform to the requirements adopted by the
16-15 board, the department shall give written notice to the local
16-16 government of each aspect of the plan that must be changed to
16-17 conform to board requirements. After changes are made in the plan
16-18 as requested by the department, the department shall submit the
16-19 plan to the board for approval.
16-20 (f) <(e)> The board by rule shall adopt an approved local
16-21 solid waste management plan.
16-22 SECTION 15. Section 363.064, Health and Safety Code, is
16-23 amended to read as follows:
16-24 Sec. 363.064. Contents of Regional or Local Solid Waste
16-25 Management Plan. A regional or local solid waste management plan
16-26 must:
16-27 (1) include a description and an assessment of current
17-1 efforts in the geographic area covered by the plan to minimize
17-2 production of municipal solid waste, including sludge, and efforts
17-3 to reuse or recycle waste;
17-4 (2) identify additional opportunities for waste
17-5 minimization and waste reuse or recycling;
17-6 (3) include a description and assessment of existing
17-7 or proposed community programs for the collection of household
17-8 hazardous waste;
17-9 (4) make recommendations for encouraging and achieving
17-10 a greater degree of waste minimization and waste reuse or recycling
17-11 in the geographic area covered by the plan;
17-12 (5) encourage cooperative efforts between local
17-13 governments and private industry in the siting of landfills for the
17-14 disposal of solid waste;
17-15 (6) consider the need to transport waste between
17-16 municipalities, from a municipality to an area in the jurisdiction
17-17 of a county, or between counties, particularly if a technically
17-18 suitable site for a landfill does not exist in a particular area;
17-19 <and>
17-20 (7) allow a local government to justify the need for a
17-21 landfill in its jurisdiction to dispose of the solid waste
17-22 generated in the jurisdiction of another local government that does
17-23 not have a technically suitable site for a landfill in its
17-24 jurisdiction;<.>
17-25 (8) <(7)> establish recycling rate goals appropriate
17-26 to the area covered by the plan; and
17-27 (9) <(8)> recommend composting programs for yard waste
18-1 and related organic wastes that may include:
18-2 (A) creation and use of community composting
18-3 centers;
18-4 (B) adoption of the "Don't Bag It" program for
18-5 lawn clippings developed by the Texas Agricultural Extension
18-6 Service; and
18-7 (C) development and promotion of education
18-8 programs on home composting, community composting, and the
18-9 separation of yard waste for use as mulch;
18-10 (10) assess the need for new waste disposal capacity;
18-11 (11) include a public education program; and
18-12 (12) include waste reduction in accordance with the
18-13 goal established under Section 361.0201(d), to the extent that
18-14 funds are available.
18-15 SECTION 16. The office of waste exchange created by Section
18-16 361.0219, Health and Safety Code, as added by this Act, shall adopt
18-17 the plan required by that section not later than September 1, 1994.
18-18 SECTION 17. This Act does not affect the transfer of powers,
18-19 duties, rights, and obligations made by Chapter 3, Acts of the 72nd
18-20 Legislature, 1st Called Session, 1991.
18-21 SECTION 18. The change in law made by Section 361.024,
18-22 Health and Safety Code, as amended by this Act, applies to rules in
18-23 effect on or adopted on or after the effective date of this Act.
18-24 SECTION 19. This Act takes effect September 1, 1993.
18-25 SECTION 20. The importance of this legislation and the
18-26 crowded condition of the calendars in both houses create an
18-27 emergency and an imperative public necessity that the
19-1 constitutional rule requiring bills to be read on three several
19-2 days in each house be suspended, and this rule is hereby suspended.