By: Sims S.C.R. No. 67
73R7038 SRD-F
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 (Solid Waste Disposal Act); 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, Section 361.022, Health and Safety Code, sets forth
1-9 a preference for applying processed wastewater treatment sludge
1-10 ("biosolids") to land for beneficial use as an organic fertilizer
1-11 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
1-24 WHEREAS, Recycling through the use of organic fertilizers
2-1 promotes resource conservation and reduces the need for landfill
2-2 space; and
2-3 WHEREAS, Beneficial use of organic fertilizers promotes the
2-4 reclamation of land for active agricultural use and in already
2-5 useable land increases productivity; and
2-6 WHEREAS, The United States Environmental Protection Agency
2-7 has proposed new rules pertaining to beneficial use of biosolids,
2-8 which will be codified at 40 C.F.R. Part 304; and
2-9 WHEREAS, Texas law and regulatory practice concerning the
2-10 beneficial application of biosolids have not been fully developed
2-11 and need to be revised to comply with forthcoming federal
2-12 requirements; and
2-13 WHEREAS, It is imperative that the State of Texas have a
2-14 well-defined policy on beneficial use of all organic fertilizers to
2-15 properly promote resource conservation, reclamation of land, and
2-16 the protection of the environment, including nonpoint source
2-17 pollution; and because of the scope of the issues involved, it is
2-18 appropriate that the Texas Legislature resolve this matter; now,
2-19 therefore, be it
2-20 RESOLVED, That the 73rd Legislature of the State of Texas
2-21 hereby request the lieutenant governor and speaker of the house of
2-22 representatives to establish the Texas Beneficial Use Task Force;
2-23 and, be it further
2-24 RESOLVED, That the task force be composed of the following 17
2-25 members: (1) the chairman of the senate Committee on Natural
2-26 Resources; (2) the chairman of the Subcommittee on Agriculture of
2-27 the senate Committee on Natural Resources; (3) the chairman of the
3-1 house Committee on Natural Resources; (4) the chairman of the house
3-2 Committee on Environmental Regulation; (5) one additional member of
3-3 the senate, to be appointed by the lieutenant governor; (6) one
3-4 additional member of the house of representatives, to be appointed
3-5 by the speaker; (7) one representative of the Texas Water
3-6 Commission, to be appointed by the chairman of the Texas Water
3-7 Commission; (8) one representative of the Texas Department of
3-8 Agriculture, to be appointed by the agriculture commissioner; (9)
3-9 one representative of the State Soil and Water Conservation Board,
3-10 to be appointed by the chairman of the State Soil and Water
3-11 Conservation Board; (10) one representative of Texas Tech
3-12 University, to be appointed by the president of Texas Tech
3-13 University; (11) one representative designated by the Soil
3-14 Conservation Service of the United States Department of
3-15 Agriculture; (12) one representative designated by the Texas Water
3-16 Resources Forum; (13) one representative designated by the Texas
3-17 Beneficial Use Coalition; (14) one representative designated by the
3-18 Texas Municipal League; (15) one representative designated by the
3-19 Environmental Defense Fund; (16) one representative designated by
3-20 the Lone Star Chapter of the Sierra Club; and (17) one
3-21 representative designated by the Texas and Southwestern Cattle
3-22 Raisers Association; and, be it further
3-23 RESOLVED, That the chairman of the senate Committee on
3-24 Natural Resources chair the task force and that the committee hold
3-25 meetings and public hearings at the call of the chair; and, be it
3-26 further
3-27 RESOLVED, That the task force study and make a complete
4-1 report that includes findings, recommendations, and drafts of such
4-2 legislation as the task force may deem necessary for the best
4-3 possible resolution of all beneficial use and recycling issues
4-4 involved, including but not limited to recommendations and findings
4-5 in the following areas: (1) compliance with new and proposed
4-6 federal and state requirements and guidelines; (2) jurisdiction of
4-7 various state agencies to regulate, monitor, and promote properly
4-8 managed beneficial use and recycling of organic fertilizer; (3)
4-9 identification and assessment of alternatives to beneficial use and
4-10 recycling of organic fertilizer; (4) ways in which organic
4-11 fertilizer may be beneficially used; and (5) regulation of organic
4-12 fertilizer in general; and, be it further
4-13 RESOLVED, That the task force utilize the staff of the senate
4-14 Committee on Natural Resources, the house Committee on Natural
4-15 Resources, and the house Committee on Environmental Regulation;
4-16 and, be it further
4-17 RESOLVED, That the Texas Water Commission, the State Soil and
4-18 Water Conservation Board, the Railroad Commission of Texas, the
4-19 General Land Office, the Parks and Wildlife Department, the Texas
4-20 Department of Agriculture, any successor agencies, and any other
4-21 state agency, department, or office whose assistance is requested
4-22 provide assistance and support to the task force; and, be it
4-23 further
4-24 RESOLVED, That the task force have the power to issue process
4-25 as provided in the senate and house rules of procedure and in
4-26 Section 301.024, Government Code; and, be it further
4-27 RESOLVED, That the operation and procedures of the task force
5-1 be subject to and have powers provided by Subchapter B, Chapter
5-2 301, Government Code, and the general rules and policies that the
5-3 73rd Legislature may adopt for interim committees, and that the
5-4 rules and policies supersede provisions of this resolution to the
5-5 extent of any conflict; and, be it further
5-6 RESOLVED, That the task force report its findings and
5-7 recommendations to the 74th Legislature when it convenes in January
5-8 1995.