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.