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A BILL TO BE ENTITLED
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AN ACT
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relating to the authorization for certain land applications and |
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disposal of dairy waste. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 361, Health and Safety |
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Code, is amended by adding Section 361.1215 to read as follows: |
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Sec. 361.1215. PERMISSIVE LAND APPLICATION OF DAIRY WASTE. |
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(a) In this section, "dairy waste" means milk, milk by-products, or |
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milk processing waste that is spilled, spoiled, adulterated, |
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unmarketable, stranded, or otherwise unfit for human consumption |
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produced by a dairy operation. |
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(b) Notwithstanding any other law, the commission shall |
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issue an authorization by rule for land application of dairy waste. |
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(c) The commission shall adopt rules governing the land |
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application of dairy waste authorized under this section. |
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(d) Rules adopted under Subsection (c) must: |
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(1) minimize the risk of water quality impairment |
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caused by the land application; and |
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(2) prescribe the conditions under which an |
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authorization is issued, including: |
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(A) the duration of the authorization; |
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(B) the location of the land application unit; |
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(C) the maximum quantity or application rate of |
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dairy waste that may be applied or disposed of under the |
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authorization; |
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(D) the suggested agronomic application rate for |
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the dairy waste or other beneficial uses of the dairy waste; and |
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(E) best management practices for the handling |
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and disposal of dairy waste. |
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SECTION 2. Subchapter B, Chapter 26, Water Code, is amended |
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by adding Section 26.0481 to read as follows: |
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Sec. 26.0481. DISPOSAL OF DAIRY WASTE IN RETENTION |
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FACILITY. (a) In this section, "dairy waste" means milk, milk |
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by-products, or milk processing waste that is spilled, spoiled, |
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adulterated, unmarketable, stranded, or otherwise unfit for human |
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consumption produced at a concentrated animal feeding operation. |
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(b) Notwithstanding any other law and to the extent |
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permitted by federal law, the commission shall adopt rules under |
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this section to allow: |
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(1) the disposal of dairy waste from a concentrated |
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animal feeding operation into a control or retention facility, |
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including a lagoon or playa, as that term is defined by Section |
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26.048; and |
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(2) the land application by irrigation associated with |
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the disposal described by Subdivision (1). |
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(c) Rules adopted under Subsection (b) must: |
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(1) minimize the risk of water quality impairment |
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caused by: |
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(A) the disposal of dairy waste into the control |
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or retention facility; and |
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(B) the land application by irrigation |
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associated with the disposal described by Paragraph (A); and |
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(2) require best management practices to ensure that |
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the disposal of dairy waste into the control or retention facility |
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does not impair water quality. |
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SECTION 3. Not later than March 1, 2022, the Texas |
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Commission on Environmental Quality shall adopt rules necessary to |
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implement Section 361.1215, Health and Safety Code, and Section |
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26.0481, Water Code, as added by this Act. |
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SECTION 4. This Act takes effect September 1, 2021. |