1-1 By: Sims S.C.R. No. 67 1-2 (In the Senate - Filed March 31, 1993; April 1, 1993, read 1-3 first time and referred to Committee on Natural Resources; 1-4 May 11, 1993, reported favorably by the following vote: Yeas 9, 1-5 Nays 0; May 11, 1993, sent to printer.) 1-6 COMMITTEE VOTE 1-7 Yea Nay PNV Absent 1-8 Sims x 1-9 Truan x 1-10 Armbrister x 1-11 Barrientos x 1-12 Bivins x 1-13 Brown x 1-14 Carriker x 1-15 Lucio x 1-16 Montford x 1-17 Ratliff x 1-18 Shelley x 1-19 SENATE CONCURRENT RESOLUTION 1-20 WHEREAS, Recycling of municipal waste is a preferred policy 1-21 of the State of Texas, as set forth in Section 361.022, Health and 1-22 Safety Code (Solid Waste Disposal Act); and 1-23 WHEREAS, Municipal wastewater treatment plants generate, as a 1-24 by-product of processing, sludge which must be disposed of or, in 1-25 the alternative, processed for beneficial use as organic 1-26 fertilizer; and 1-27 WHEREAS, Section 361.022, Health and Safety Code, sets forth 1-28 a preference for applying processed wastewater treatment sludge 1-29 ("biosolids") to land for beneficial use as an organic fertilizer 1-30 or soil additive; and 1-31 WHEREAS, The beneficial application of organic fertilizers 1-32 from poultry, dairy, livestock, aquaculture, agriculture, and 1-33 municipal wastewater treatment plant operations promotes the 1-34 state's recycling policy; and 1-35 WHEREAS, The alternatives to beneficial use of biosolids are 1-36 landfilling, incineration, and ocean dumping of unprocessed sludge, 1-37 all of which have been identified as being harmful to the 1-38 environment; and 1-39 WHEREAS, The availability of landfills will decrease and 1-40 costs of landfill disposal will significantly increase with the 1-41 implementation of Subtitle D of the federal Resource Conservation 1-42 and Recovery Act; and 1-43 WHEREAS, Recycling through the use of organic fertilizers 1-44 promotes resource conservation and reduces the need for landfill 1-45 space; and 1-46 WHEREAS, Beneficial use of organic fertilizers promotes the 1-47 reclamation of land for active agricultural use and in already 1-48 useable land increases productivity; and 1-49 WHEREAS, The United States Environmental Protection Agency 1-50 has proposed new rules pertaining to beneficial use of biosolids, 1-51 which will be codified at 40 C.F.R. Part 304; and 1-52 WHEREAS, Texas law and regulatory practice concerning the 1-53 beneficial application of biosolids have not been fully developed 1-54 and need to be revised to comply with forthcoming federal 1-55 requirements; and 1-56 WHEREAS, It is imperative that the State of Texas have a 1-57 well-defined policy on beneficial use of all organic fertilizers to 1-58 properly promote resource conservation, reclamation of land, and 1-59 the protection of the environment, including nonpoint source 1-60 pollution; and because of the scope of the issues involved, it is 1-61 appropriate that the Texas Legislature resolve this matter; now, 1-62 therefore, be it 1-63 RESOLVED, That the 73rd Legislature of the State of Texas 1-64 hereby request the lieutenant governor and speaker of the house of 1-65 representatives to establish the Texas Beneficial Use Task Force; 1-66 and, be it further 1-67 RESOLVED, That the task force be composed of the following 17 1-68 members: (1) the chairman of the Senate Committee on Natural 2-1 Resources; (2) the chairman of the Subcommittee on Agriculture of 2-2 the Senate Committee on Natural Resources; (3) the chairman of the 2-3 House Committee on Natural Resources; (4) the chairman of the House 2-4 Committee on Environmental Regulation; (5) one additional member of 2-5 the senate, to be appointed by the lieutenant governor; (6) one 2-6 additional member of the house of representatives, to be appointed 2-7 by the speaker; (7) one representative of the Texas Water 2-8 Commission, to be appointed by the chairman of the Texas Water 2-9 Commission; (8) one representative of the Texas Department of 2-10 Agriculture, to be appointed by the agriculture commissioner; (9) 2-11 one representative of the State Soil and Water Conservation Board, 2-12 to be appointed by the chairman of the State Soil and Water 2-13 Conservation Board; (10) one representative of Texas Tech 2-14 University, to be appointed by the president of Texas Tech 2-15 University; (11) one representative designated by the Soil 2-16 Conservation Service of the United States Department of 2-17 Agriculture; (12) one representative designated by the Texas Water 2-18 Resources Forum; (13) one representative designated by the Texas 2-19 Beneficial Use Coalition; (14) one representative designated by the 2-20 Texas Municipal League; (15) one representative designated by the 2-21 Environmental Defense Fund; (16) one representative designated by 2-22 the Lone Star Chapter of the Sierra Club; and (17) one 2-23 representative designated by the Texas and Southwestern Cattle 2-24 Raisers Association; and, be it further 2-25 RESOLVED, That the chairman of the Senate Committee on 2-26 Natural Resources chair the task force and that the committee hold 2-27 meetings and public hearings at the call of the chair; and, be it 2-28 further 2-29 RESOLVED, That the task force study and make a complete 2-30 report that includes findings, recommendations, and drafts of such 2-31 legislation as the task force may deem necessary for the best 2-32 possible resolution of all beneficial use and recycling issues 2-33 involved, including but not limited to recommendations and findings 2-34 in the following areas: (1) compliance with new and proposed 2-35 federal and state requirements and guidelines; (2) jurisdiction of 2-36 various state agencies to regulate, monitor, and promote properly 2-37 managed beneficial use and recycling of organic fertilizer; (3) 2-38 identification and assessment of alternatives to beneficial use and 2-39 recycling of organic fertilizer; (4) ways in which organic 2-40 fertilizer may be beneficially used; and (5) regulation of organic 2-41 fertilizer in general; and, be it further 2-42 RESOLVED, That the task force utilize the staff of the Senate 2-43 Committee on Natural Resources, the House Committee on Natural 2-44 Resources, and the House Committee on Environmental Regulation; 2-45 and, be it further 2-46 RESOLVED, That the Texas Water Commission, the State Soil and 2-47 Water Conservation Board, the Railroad Commission of Texas, the 2-48 General Land Office, the Parks and Wildlife Department, the Texas 2-49 Department of Agriculture, any successor agencies, and any other 2-50 state agency, department, or office whose assistance is requested 2-51 provide assistance and support to the task force; and, be it 2-52 further 2-53 RESOLVED, That the task force have the power to issue process 2-54 as provided in the senate and house rules of procedure and in 2-55 Section 301.024, Government Code; and, be it further 2-56 RESOLVED, That the operation and procedures of the task force 2-57 be subject to and have powers provided by Subchapter B, Chapter 2-58 301, Government Code, and the general rules and policies that the 2-59 73rd Legislature may adopt for interim committees and that the 2-60 rules and policies supersede provisions of this resolution to the 2-61 extent of any conflict; and, be it further 2-62 RESOLVED, That the task force report its findings and 2-63 recommendations to the 74th Legislature when it convenes in 2-64 January, 1995. 2-65 * * * * * 2-66 Austin, 2-67 Texas 2-68 May 11, 1993 2-69 Hon. Bob Bullock 2-70 President of the Senate 3-1 Sir: 3-2 We, your Committee on Natural Resources to which was referred 3-3 S.C.R. No. 67, have had the same under consideration, and I am 3-4 instructed to report it back to the Senate with the recommendation 3-5 that it do pass and be printed. 3-6 Sims, 3-7 Chairman 3-8 * * * * * 3-9 WITNESSES 3-10 FOR AGAINST ON 3-11 ___________________________________________________________________ 3-12 Name: Walter Fisher x 3-13 Representing: Tx Municipal League 3-14 City: Austin 3-15 -------------------------------------------------------------------