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
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