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.