By Lewis H.C.R. No. 77
HOUSE CONCURRENT RESOLUTION
1-1 WHEREAS, Recycling of municipal waste is a preferred policy
1-2 of the State of Texas, as set forth in Section 361.022, Health and
1-3 Safety Code, and
1-4 WHEREAS, Municipal wastewater treatment plants generate, as a
1-5 by-product of processing, sludge which must be disposed of, or in
1-6 the alternative, processed for beneficial use as organic
1-7 fertilizer; and
1-8 WHEREAS, The Texas Solid Waste Disposal Act, Section 361.022,
1-9 Health and Safety Code, sets forth a preference for applying
1-10 processed wastewater treatment sludge ("biosolids") to land for
1-11 beneficial use as an organic fertilizer or soil additive; and
1-12 WHEREAS, The beneficial application of organic fertilizers
1-13 from poultry, dairy, livestock, aquaculture, agriculture, and
1-14 municipal wastewater treatment plant operations promotes the
1-15 state's recycling policy; and
1-16 WHEREAS, The alternatives to beneficial use of biosolids are
1-17 landfilling, incineration and ocean dumping of unprocessed sludge,
1-18 all of which have been identified as being harmful to the
1-19 environment; and
1-20 WHEREAS, The availability of landfills will decrease, and
1-21 costs of landfill disposal will significantly increase with the
1-22 implementation of Subtitle D of the federal Resource Conservation
1-23 and Recovery Act; and
2-1 WHEREAS, Recycling through the use of organic fertilizers
2-2 promotes resource conservation and reduces the need for landfill
2-3 space; and
2-4 WHEREAS, Beneficial use of organic fertilizers promotes the
2-5 reclamation of land for active agricultural use, and in already
2-6 useable land, increases productivity, and
2-7 WHEREAS, The United States Environmental Protection Agency
2-8 has proposed new rules pertaining to beneficial use of biosolids,
2-9 which will be codified at 40 C.F.R. Part 304; and
2-10 WHEREAS, Texas law and regulatory practice concerning the
2-11 beneficial application of biosolids has not been fully developed,
2-12 and needs to be revised to comply with forthcoming federal
2-13 requirements; and
2-14 WHEREAS, It is imperative that the State of Texas have a
2-15 well-defined policy on beneficial use of all organic fertilizers to
2-16 properly promote resource conservation, reclamation of land, and
2-17 the protection of the environment, including non-point source
2-18 pollution; and because of the scope of the issues involved, it is
2-19 appropriate that the Texas legislature resolve this matter; now,
2-20 therefore, be it
2-21 RESOLVED, That the 73rd Legislature of the State of Texas
2-22 hereby requests the lieutenant governor and speaker of the house of
2-23 representatives to establish the Texas Beneficial Use Task Force;
2-24 and, be it further
2-25 RESOLVED, That the task force be composed of seventeen
3-1 members, including the following: (1) the Chairman of the Senate
3-2 Committee on Natural Resources; (2) the Chairman of the
3-3 Subcommittee on Agriculture of the Senate Committee on Natural
3-4 Resources; (3) the Chairman of the House Committee on Natural
3-5 Resources; (4) the Chairman of the House Committee on Environmental
3-6 Regulation; (5) one additional member of the Texas Senate, to be
3-7 appointed by the lieutenant governor; (6) one additional member of
3-8 the Texas House of Representatives, to be appointed by the speaker;
3-9 (7) one representative from the Texas Water Commission, to be
3-10 appointed by the Chairman of the Texas Water Commission; (8) one
3-11 representative from the Texas Department of Agriculture, to be
3-12 appointed by the Agriculture Commissioner; (9) one representative
3-13 of the Texas State Soil and Water Conservation Board, to be
3-14 appointed by the Chairman of the State Soil and Water Conservation
3-15 Board, (10) one representative from Texas Tech University, to be
3-16 appointed by the president of Texas Tech University; (11) one
3-17 representative from the Soil Conservation Service of the United
3-18 States Department of Agriculture, to be appointed by the Service;
3-19 (12) one representative from the Texas Water Resources Forum, to be
3-20 appointed by the Forum; (13) one representative from the Texas
3-21 Beneficial Use Coalition, to be appointed by the Coalition; (14)
3-22 one representative from the Texas Municipal League, as designated
3-23 by the League; (15) one representative from the Environmental
3-24 Defense Fund, as designated by the Fund; (16) one representative
3-25 from the Lone Star Chapter of the Sierra Club, as designated by the
4-1 Club; and (17) one representative from the Texas and Southwestern
4-2 Cattle Raisers Association, as designated by the Association; and
4-3 that the Chairman of the Senate Natural Resources Committee shall
4-4 chair the task force; and that the committee may hold meetings and
4-5 public hearings at the call of the chair; and, be it further
4-6 RESOLVED, That the task force study and make a complete
4-7 report, that the report should include findings, recommendations,
4-8 and drafts of such legislation as the task force may deem necessary
4-9 for the best possible resolution of beneficial use and recycling
4-10 issues involved, including but not limited to recommendations and
4-11 findings in the following areas: (1) compliance with new and
4-12 proposed federal and state requirements and guidelines, (2) the
4-13 jurisdiction of various state agencies to regulate, monitor and
4-14 promote properly-managed beneficial use and recycling of organic
4-15 fertilizer, (3) the identification and assessment of alternatives
4-16 to beneficial use and recycling of organic fertilizer, (4) the ways
4-17 in which organic fertilizer may be beneficially used, and (5) the
4-18 regulation of organic fertilizer in general; and, be it further
4-19 RESOLVED, That the task force, in its study and reporting
4-20 efforts, shall utilize the staff of the Senate Committee on Natural
4-21 Resources, the House Committee on Natural Resources, and the House
4-22 Committee on Environmental Regulation; and, be it further
4-23 RESOLVED, That the Texas Water Commission, the Texas Soil and
4-24 Water Conservation Board, the Texas Railroad Commission, the
4-25 General Land Office, the Texas Parks and Wildlife Department, the
5-1 Texas Department of Agriculture, any successor agency to these
5-2 agencies, or any other state agency, department, or office, shall
5-3 provide assistance and support to the task force; and, be it
5-4 further
5-5 RESOLVED, That the Task Force have the power to issue process
5-6 as provided in the senate and house rules of procedure and in
5-7 Section 301.024, Government Code; and, be it further
5-8 RESOLVED, That the operation and procedures of the task force
5-9 subject to, and shall have such powers provided by, Subchapter B,
5-10 Chapter 301, Government Code, and such general rules and policies
5-11 as the 73rd Legislature may adopt for interim committees and that
5-12 such rules and policies supersede provisions of this resolution to
5-13 the extent of any conflict; and, be it further
5-14 RESOLVED, That the task force report its findings and
5-15 recommendations to the 74th Legislature when it convenes in January
5-16 1995; five copies of the completed report shall be filed in the
5-17 Legislative Reference Library; five copies shall be filed with the
5-18 Texas Legislative Council; two copies shall be filed with the
5-19 secretary of the senate; and two copies shall be filed with the
5-20 speaker of the house.