1-1 By: Gallego (Senate Sponsor - Zaffirini) H.B. No. 799 1-2 (In the Senate - Received from the House May 13, 1993; 1-3 May 14, 1993, read first time and referred to Committee on Natural 1-4 Resources; May 25, 1993, reported adversely, with favorable 1-5 Committee Substitute by the following vote: Yeas 8, Nays 0; 1-6 May 25, 1993, sent to printer.) 1-7 COMMITTEE VOTE 1-8 Yea Nay PNV Absent 1-9 Sims x 1-10 Truan x 1-11 Armbrister x 1-12 Barrientos x 1-13 Bivins x 1-14 Brown x 1-15 Carriker x 1-16 Lucio x 1-17 Montford x 1-18 Ratliff x 1-19 Shelley x 1-20 COMMITTEE SUBSTITUTE FOR H.B. No. 799 By: Truan 1-21 A BILL TO BE ENTITLED 1-22 AN ACT 1-23 relating to requirements for and a study concerning the land 1-24 application of Class B domestic sludge. 1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-26 SECTION 1. Subchapter C, Chapter 361, Health and Safety 1-27 Code, is amended by adding Section 361.115 to read as follows: 1-28 Sec. 361.115. AUTHORIZATION FOR LAND APPLICATION OF CLASS B 1-29 DOMESTIC SLUDGE; NOTICE AND MEETING. (a) The commission may not 1-30 issue a new registration for the application of Class B domestic 1-31 sludge to land unless the commission has held a public meeting in 1-32 accordance with the requirements of rules adopted under Subsection 1-33 (b). Such public meeting is not a contested case hearing under the 1-34 Administrative Procedure and Texas Register Act (Article 6252-13a, 1-35 Vernon's Texas Civil Statutes). 1-36 (b) The commission by rule shall require the applicant to 1-37 publish notice of the meeting in English and in Spanish in a 1-38 newspaper of general circulation in the county where the land to 1-39 which the Class B domestic sludge is proposed to be applied is 1-40 located. The notice shall be published not less than once a week 1-41 for the three weeks preceding the meeting. 1-42 (c) The requirements of this section are not applicable to 1-43 any disposal or treatment subject to another requirement under this 1-44 subchapter or rules adopted under this subchapter. 1-45 (d) This section applies to a new registration for the 1-46 application of Class B domestic sludge to an area of 1,000 acres or 1-47 more. 1-48 (e) In this section, "Class B domestic sludge" means 1-49 non-commercial, non-industrial sludge that, at the time the sludge 1-50 is used or disposed of, has a density of: 1-51 (1) fecal coliform greater than 1,000 and less than 2 1-52 million most probable number per gram of total solids (dry weight 1-53 basis); or 1-54 (2) Salmonella sp. bacteria equal to or greater than 1-55 three most probable number per four grams of total solids (dry 1-56 weight basis). 1-57 SECTION 2. (a) The Texas Natural Resource Conservation 1-58 Commission may conduct, through the University of Texas at El Paso, 1-59 a public health study to determine the potential for adverse human 1-60 health effects from the application of Class B domestic sludge to 1-61 different types of land in the state. In making the determination, 1-62 the commission shall consider: 1-63 (1) the effect of heavy metals and pathogens on 1-64 surface water and groundwater resources; 1-65 (2) the effect of heavy metals and pathogens on humans 1-66 and other species when introduced into the food chain; 1-67 (3) the impact on farming and ranching activities; and 1-68 (4) if applicable, depending on the proximity of the 2-1 Class B domestic sludge site to a major aquifer, the effect on the 2-2 water quality of the aquifer, the effect on the water quality of 2-3 the aquifer, taking into consideration the average annual rainfall 2-4 and area rainfall patterns. 2-5 (b) After considering the factors listed in Subsection (a) 2-6 of this section and determining the impact of Class B domestic 2-7 sludge application, the commission shall identify those lands, if 2-8 any, that are most suitable for Class B domestic sludge 2-9 application. In doing so, the commission shall consider: 2-10 (1) the location of surface water and groundwater 2-11 resources in the region; and 2-12 (2) the arid condition, soil type, and pH of the land 2-13 in the region. 2-14 (c) The cost of a study to be conducted under this section 2-15 may not exceed $250,000. The Texas Water Commission or The 2-16 University of Texas at El Paso may use any available funds to 2-17 conduct the public health study under this Act. The commission 2-18 shall enter into an interagency agreement with The University of 2-19 Texas at El Paso for performance of the study. 2-20 (d) The University of Texas at El Paso shall consult with 2-21 local governments in performing the study authorized by this 2-22 section. 2-23 (e) If the study is conducted, the commission shall report 2-24 to the 74th Legislature the results of the study conducted under 2-25 this section, including an analysis of information derived from the 2-26 study that relates to the feasibility of applying Class B domestic 2-27 sludge to various types of land in the state. 2-28 SECTION 3. (a) The Texas Natural Resource Conservation 2-29 Commission shall treat as a single site, for purposes of commission 2-30 rules relating to authorization for domestic sludge application: 2-31 (1) land that is under existing registration for 2-32 domestic sludge application; and 2-33 (2) land that is contiguous to the registered land and 2-34 that the holder of the existing registration seeks to register for 2-35 Class B domestic sludge application. 2-36 (b) In this section, "domestic sludge" means sludge, as 2-37 defined by Section 361.003, Health and Safety Code, that is 2-38 non-commercial and non-industrial. 2-39 SECTION 4. The change in law made by Section 361.115, Health 2-40 and Safety Code, as added by this Act, applies only to an 2-41 application for the application of Class B domestic sludge that is 2-42 submitted to the Texas Natural Resource Conservation Commission on 2-43 or after the effective date of this Act. 2-44 SECTION 5. This Act takes effect September 1, 1993. 2-45 SECTION 6. The importance of this legislation and the 2-46 crowded condition of the calendars in both houses create an 2-47 emergency and an imperative public necessity that the 2-48 constitutional rule requiring bills to be read on three several 2-49 days in each house be suspended, and this rule is hereby suspended. 2-50 * * * * * 2-51 Austin, 2-52 Texas 2-53 May 25, 1993 2-54 Hon. Bob Bullock 2-55 President of the Senate 2-56 Sir: 2-57 We, your Committee on Natural Resources to which was referred H.B. 2-58 No. 799, have had the same under consideration, and I am instructed 2-59 to report it back to the Senate with the recommendation that it do 2-60 not pass, but that the Committee Substitute adopted in lieu thereof 2-61 do pass and be printed. 2-62 Sims, 2-63 Chairman 2-64 * * * * * 2-65 WITNESSES 2-66 FOR AGAINST ON 2-67 ___________________________________________________________________ 2-68 Name: Frank Reilly x 2-69 Representing: Tx Beneficial Use Coalition 2-70 City: Austin 3-1 ------------------------------------------------------------------- 3-2 Name: George Fore x 3-3 Representing: Tx Beneficial Use Coalition 3-4 City: Sierra Blanca 3-5 ------------------------------------------------------------------- 3-6 Name: James Docisan x 3-7 Representing: City of Austin Water/Wastewater 3-8 City: Austin 3-9 ------------------------------------------------------------------- 3-10 Name: Chris Macomb x 3-11 Representing: Tx Water Commission 3-12 City: Austin 3-13 ------------------------------------------------------------------- 3-14 Name: Joe Paniagua x 3-15 Representing: City of Ft. Worth 3-16 City: Ft. Worth 3-17 -------------------------------------------------------------------