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
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