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.