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
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    3-2  Name:  George Fore                                       x
    3-3  Representing:  Tx Beneficial Use Coalition
    3-4  City:  Sierra Blanca
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    3-6  Name:  James Docisan                                     x
    3-7  Representing:  City of Austin Water/Wastewater
    3-8  City:  Austin
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   3-10  Name:  Chris Macomb                                            x
   3-11  Representing:  Tx Water Commission
   3-12  City:  Austin
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   3-14  Name:  Joe Paniagua                                      x
   3-15  Representing:  City of Ft. Worth
   3-16  City:  Ft. Worth
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