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.