1-1 By: Zaffirini, Rosson S.B. No. 1129
1-2 (In the Senate - Filed March 12, 1993; March 15, 1993, read
1-3 first time and referred to Committee on Natural Resources;
1-4 May 11, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 9, Nays 0; May 11, 1993,
1-6 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 S.B. No. 1129 By: Sims
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the approval of land application of sludge.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. DEFINITIONS. In this Act:
1-26 (1) "Class B sludge" means sludge that, at the time
1-27 the sludge is used or disposed of, has a density of:
1-28 (A) fecal coliform equal to or greater than 2
1-29 million most probable number per gram of total solids (dry weight
1-30 basis); or
1-31 (B) Salmonella sp. bacteria equal to or greater
1-32 than three most probable number per four grams of total solids (dry
1-33 weight basis).
1-34 (2) "Commission" means the Texas Water Commission or
1-35 its successor.
1-36 (3) "Permit area" means the area in Texas west of a
1-37 line beginning at the point at which the Pecos River crosses the
1-38 Texas boundary at New Mexico then along the river to the point at
1-39 which the 102 degree longitude line crosses the river and
1-40 thereafter along the 102 degree longitude to the Rio Grande River.
1-41 (4) "Sludge" has the meaning assigned by Section
1-42 361.003, Health and Safety Code.
1-43 (5) "Sludge application fund" means the fund
1-44 established under Section 10 of this Act.
1-45 SECTION 2. SLUDGE APPLICATION FEE. (a) The executive
1-46 director of the commission shall charge and collect from a person
1-47 issued a permit under Section 8 of this Act or a person described
1-48 in Subsection (c) of this section a fee for the application of
1-49 Class B sludge to land located in the permit area. The minimum
1-50 rate of the fee is $1 per wet ton of Class B sludge applied to
1-51 land. The fee shall be paid annually on December 31. The fee is
1-52 in addition to any fee charged for filing an application for a
1-53 permit to apply Class B sludge.
1-54 (b) Fees paid and collected under Subsection (a) of this
1-55 section shall be deposited in the sludge application fund and may
1-56 be used only as provided by Section 10 of this Act.
1-57 (c) A person who on the effective date of this Act holds a
1-58 registration issued by the commission to that person for the
1-59 application of Class B sludge to land in the permit area may be
1-60 charged a fee under this section only:
1-61 (1) if the registration is renewed, amended, or
1-62 otherwise changed on or after that date; and
1-63 (2) for the application of Class B sludge that occurs
1-64 under the registration on or after the date the registration is
1-65 renewed, amended, or otherwise changed.
1-66 SECTION 3. PUBLIC HEALTH STUDY. (a) Before issuing a
1-67 permit to apply Class B sludge to land located in the permit area,
1-68 the commission shall conduct, through The University of Texas at El
2-1 Paso, a public health study to determine the potential for adverse
2-2 human health effects from the application of Class B sludge to land
2-3 in that region of Texas. In making the determination, the
2-4 commission shall consider:
2-5 (1) the effect of heavy metals and pathogens on
2-6 surface water and groundwater resources;
2-7 (2) the effect of heavy metals and pathogens on humans
2-8 and other species when introduced into the food chain;
2-9 (3) the impact on farming and ranching activities; and
2-10 (4) if applicable, depending on the proximity of the
2-11 Class B sludge site to a major aquifer, the effect on the water
2-12 quality of the aquifer, taking into consideration the average
2-13 annual rainfall and area rainfall patterns.
2-14 (b) After considering the factors listed in Subsection (a)
2-15 of this section and determining the impact of Class B sludge
2-16 application, the commission shall identify those lands, if any,
2-17 located in the permit area that are most suitable for Class B
2-18 sludge application. In doing so, the commission shall consider:
2-19 (1) the location of surface water and groundwater
2-20 resources in the region; and
2-21 (2) the arid condition, soil type, and pH of the land
2-22 in the region.
2-23 (c) The cost of a study to be conducted under this section
2-24 may not exceed $250,000 and may be paid for from the sludge
2-25 application fund. The commission shall enter into an interagency
2-26 agreement with The University of Texas at El Paso for performance
2-27 of the study not later than the 60th day after the effective date
2-28 of this Act and shall complete the study not later than December 1,
2-29 1994.
2-30 SECTION 4. ECONOMIC IMPACT ANALYSIS. (a) The commission
2-31 shall conduct, through the Texas Department of Commerce, an
2-32 economic impact analysis to determine the economic impact of Class
2-33 B sludge application to land located in the permit area. In making
2-34 the determination, the commission shall consider the economic
2-35 impact of Class B sludge application on:
2-36 (1) the value of real property;
2-37 (2) the change, if any, in the 18-month period
2-38 immediately following the commencement of operations by a sludge
2-39 operator that applies Class B sludge to land in the region to:
2-40 (A) the unemployment rate;
2-41 (B) the population;
2-42 (C) the median income;
2-43 (D) sources and types of income;
2-44 (E) the standard of living;
2-45 (F) the type and availability of housing
2-46 accommodations;
2-47 (G) the type and availability of public health
2-48 facilities; and
2-49 (H) the type and quality of county and municipal
2-50 services; and
2-51 (3) local agrarian-based economies.
2-52 (b) The cost of the study to be conducted under this section
2-53 may not exceed $50,000 and may be paid for from the sludge
2-54 application fund. The commission shall enter into an interagency
2-55 agreement with the Texas Department of Commerce for performance of
2-56 the study not later than the 60th day after the effective date of
2-57 this Act and shall complete the study not later than September 1,
2-58 1994.
2-59 SECTION 5. CITIZENS TECHNICAL ASSISTANCE GRANT PROGRAM.
2-60 (a) The commission shall create and fund a citizens technical
2-61 assistance grant program not later than the 60th day after the
2-62 effective date of this Act to ensure and allow citizen
2-63 participation in the permitting process. The cost of administering
2-64 the grant program may be paid for from the sludge application fund.
2-65 (b) Subject to the availability of funds and in accordance
2-66 with rules adopted by the commission, the commission may make
2-67 grants available to any group of individuals who may be affected by
2-68 the granting of a permit for the application of Class B sludge in
2-69 the permit area. The grants may be used to obtain technical
2-70 assistance in interpreting information with regard to:
3-1 (1) the type, nature, and stability of heavy metals
3-2 and pathogens contained in Class B sludge proposed to be applied to
3-3 land;
3-4 (2) the economic impact of the proposed permit on the
3-5 area and population in question;
3-6 (3) the health impact on individuals residing near the
3-7 land on which the Class B sludge is proposed to be applied;
3-8 (4) operation and maintenance of the proposed Class B
3-9 sludge facility; and
3-10 (5) other matters related to the proposed permit.
3-11 (c) The amount of a grant under this section may not exceed
3-12 $10,000 for a single grant recipient. Each grant recipient shall,
3-13 as a condition of the grant, contribute at least 10 percent of the
3-14 total cost of the technical assistance for which the grant is made.
3-15 The commission may waive the 10 percent contribution if the grant
3-16 recipient demonstrates financial need and waiver is necessary to
3-17 facilitate public participation in the permitting process. Not
3-18 more than one grant may be made under this section with respect to
3-19 a single permit application, but a grant may be renewed to
3-20 facilitate public participation at all stages of the permitting
3-21 process.
3-22 SECTION 6. PILOT MEDIATION PROJECT. (a) At the request of
3-23 any person affected by the commencement of Class B sludge
3-24 operations in one or more counties located in the permit area, or
3-25 on its own motion, the commission shall mediate, through The
3-26 University of Texas School of Law Center for Public Policy Dispute
3-27 Resolution, the interests of affected individuals in the region.
3-28 For the purposes of this section, "affected person" includes:
3-29 (1) any owner of real property in excess of 500 acres
3-30 in the region;
3-31 (2) a principal of the Class B sludge operator or a
3-32 duly authorized representative of the operator;
3-33 (3) any owner of a business located and operated in
3-34 the region;
3-35 (4) any elected official of a county, municipality, or
3-36 other political subdivision in which the Class B sludge facility is
3-37 operated; and
3-38 (5) a recipient of a grant under Section 5 of this
3-39 Act.
3-40 (b) The cost of the mediation project may not exceed $50,000
3-41 and may be funded by grants received by the commission from any
3-42 source and by payment from the sludge application fund.
3-43 SECTION 7. LOCATION OF STUDIES AND PROJECTS. Each study or
3-44 project to be conducted under this Act shall be conducted in one or
3-45 more counties located in the permit area in which Class B sludge is
3-46 being applied to land on or before the effective date of this Act.
3-47 SECTION 8. PERMIT FOR LAND APPLICATION OF CLASS B SLUDGE.
3-48 (a) After the effective date of this Act, a person may not apply
3-49 Class B sludge to land located in the permit area for a beneficial
3-50 use or for any other purpose without obtaining a permit from the
3-51 commission.
3-52 (b) The commission shall hold an adjudicatory hearing on an
3-53 application for a permit under this section.
3-54 (c) At the time an application for a permit is filed with
3-55 the commission and is administratively complete:
3-56 (1) the commission shall give notice of the
3-57 application in accordance with Section 5.115, Water Code, to any
3-58 person who may be affected by the granting of the permit; and
3-59 (2) the applicant shall provide notice of its
3-60 application, in English and in Spanish, in a newspaper of general
3-61 circulation in the county in which the land is located.
3-62 (d) Not later than the 30th day before the date of hearing,
3-63 the commission shall provide to the applicant preliminary findings
3-64 regarding potential public health and economic impacts of the
3-65 proposed activity. The preliminary findings shall be available for
3-66 public inspection.
3-67 (e) The commission by rule shall provide for giving notice
3-68 of the hearing on the permit application. The notice of the
3-69 hearing shall be published in a newspaper of general circulation in
3-70 the county in which the land is located not less than once each
4-1 week for each of the three weeks preceding the date of the hearing
4-2 on the application. The notice shall include a brief analysis of
4-3 the proposed Class B sludge application and shall include the
4-4 commission's preliminary findings regarding potential public health
4-5 and economic effects.
4-6 (f) In considering whether to grant an application to apply
4-7 Class B sludge to land for any purpose in the permit area, the
4-8 commission shall consider the public health study performed under
4-9 Section 3 of this Act and the economic impact analysis performed
4-10 under Section 4 of this Act.
4-11 (g) On request of an affected person or on its own motion,
4-12 the commission shall hold a public meeting at or near the land on
4-13 which the applicant proposes to apply Class B sludge. The
4-14 commission shall provide a reasonable opportunity for submission of
4-15 written and oral comments at the meeting. The commission shall
4-16 keep a transcript of the meeting and shall make the transcript
4-17 available to the public.
4-18 (h) This section does not apply to a person who on the
4-19 effective date of this Act holds a registration issued by the
4-20 commission to that person for the application of Class B sludge to
4-21 land in the permit area.
4-22 SECTION 9. ALTERNATIVE FUNDING; REIMBURSEMENT. (a) The
4-23 commission may use any money available to the commission to pay for
4-24 a study, grant, or project under Section 3, 4, 5, or 6 of this Act.
4-25 (b) If money other than money from the sludge application
4-26 fund is used to pay for a study, grant, or project under Section 3,
4-27 4, 5, or 6 of this Act, the commission may reimburse the fund or
4-28 account from which payment was made with money from the sludge
4-29 application fund.
4-30 SECTION 10. SLUDGE APPLICATION FUND. (a) The sludge
4-31 application fund is a special fund in the state treasury.
4-32 (b) The fund consists of fees collected under Section 2 of
4-33 this Act.
4-34 (c) Money in the fund may be used:
4-35 (1) to pay for a study, grant, or project under
4-36 Section 3, 4, 5, or 6 of this Act; or
4-37 (2) to reimburse a fund or account from which payment
4-38 was made for a study, grant, or project under Section 3, 4, 5, or 6
4-39 of this Act.
4-40 (d) Sections 403.094 and 403.095, Government Code, do not
4-41 apply to the sludge application fund.
4-42 SECTION 11. RULES. (a) The commission shall adopt rules
4-43 establishing standards that specify testing requirements for
4-44 determining the classification of sludge to be applied for
4-45 beneficial use.
4-46 (b) The commission may adopt other rules necessary to
4-47 implement this Act.
4-48 SECTION 12. REPORT TO 74TH LEGISLATURE. Not later than
4-49 January 15, 1995, the commission shall submit to the 74th
4-50 Legislature a report including:
4-51 (1) an accounting of all fees collected and disbursed
4-52 under this Act;
4-53 (2) the status and results of studies, grants, and
4-54 projects conducted under Sections 3, 4, 5, and 6 of this Act; and
4-55 (3) an analysis of information derived from studies
4-56 conducted under this Act relating to the feasibility of applying
4-57 Class B sludge to arid lands located in the permit area.
4-58 SECTION 13. EXEMPTION. This Act does not apply to the
4-59 application of sludge generated by facilities owned by the City of
4-60 El Paso and operated and managed by the El Paso Water Utilities
4-61 Public Service Board.
4-62 SECTION 14. EMERGENCY. The importance of this legislation
4-63 and the crowded condition of the calendars in both houses create an
4-64 emergency and an imperative public necessity that the
4-65 constitutional rule requiring bills to be read on three several
4-66 days in each house be suspended, and this rule is hereby suspended,
4-67 and that this Act take effect and be in force from and after its
4-68 passage, and it is so enacted.
4-69 * * * * *
4-70 Austin,
5-1 Texas
5-2 May 11, 1993
5-3 Hon. Bob Bullock
5-4 President of the Senate
5-5 Sir:
5-6 We, your Committee on Natural Resources to which was referred S.B.
5-7 No. 1129, have had the same under consideration, and I am
5-8 instructed to report it back to the Senate with the recommendation
5-9 that it do not pass, but that the Committee Substitute adopted in
5-10 lieu thereof do pass and be printed.
5-11 Sims,
5-12 Chairman
5-13 * * * * *
5-14 WITNESSES
5-15 FOR AGAINST ON
5-16 ___________________________________________________________________
5-17 Name: Roy A. Griffin, III x
5-18 Representing: ACES
5-19 City: El Paso
5-20 -------------------------------------------------------------------
5-21 Name: Bill Addington x
5-22 Representing: Save Sierra Blanca
5-23 City: Sierra Blanca
5-24 -------------------------------------------------------------------
5-25 Name: Chris D. Macomb x
5-26 Representing: Texas Water Commission
5-27 City: Austin
5-28 -------------------------------------------------------------------
5-29 Name: Don R. Gardner x
5-30 Representing: Personal
5-31 City: Austin
5-32 -------------------------------------------------------------------
5-33 Name: Wayne R. West x
5-34 Representing: Hudspeth County
5-35 City: Sierra Blanca
5-36 -------------------------------------------------------------------
5-37 Name: H. Andrew Virdell x
5-38 Representing: C.A.R.E.
5-39 City: Sierra Blanca
5-40 -------------------------------------------------------------------