C.S.H.B. 1791 78(R)    BILL ANALYSIS


C.S.H.B. 1791
By: Chisum
Environmental Regulation
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, a limited number of composting facilities are taking in
restaurant grease trap waste. A grease trap is attached to a restaurant's
sewer line and with the exception of septic waste, the trap collects
anything that goes down the drains. Food establishments are legally
required to follow strict public health procedures in order to maintain a
sanitary and safe cooking environment. Per these requirements, restaurants
are constantly cleaning their floors and kitchens using cleansers strong
enough to kill any bacteria that may exist. Many restaurants use
pesticides to guard against bugs and insects in the kitchen area. 

The residual product from these cleansers eventually end up in the grease
trap, which is then pumped out and, at times, transported to composting
facilities. These chemicals from the cleaning products that restaurants
use are included in the composted material that is sold as a landscape
product. The substances contained within the compost may be harmful to
public health and under Texas State Law, are prohibited substances to
accept at composting facilities. 

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the Texas Commission on Environmental Quality in SECTION 2 of
this bill. 

ANALYSIS

SECTION 1. Section 361.428, Health and Safety Code, is amended to prohibit
a person from commercially composting grease trap waste unless the person
has obtained a permit for composting grease trap waste issued by the
commission under this section on or after September 1, 2003.  The permit
is required to meet the minimum standards of a permit issued under rules
adopted under subsection (b) of this section. 

SECTION 2.  Requires the commission to adopt rules necessary for the
implementation of this Act no later than November 1, 2003 and to notify
any person known by the commission to be engaged in the business of
composting grease trap waste to submit an application for a permit.
Requires the commission to begin issuing permits for the commercial
composting of grease trap waste.  Stipulates that a person who is engaged
in the business of composting grease trap waste is not prohibited from
continuing to engage in that business under stated conditions. 

SECTION 3. Effective immediately if it receives a vote of two-thirds of
the members of the house, or on September 1, 2003 if it does not receive
the two-thirds vote. 

EFFECTIVE DATE

Effective immediately if it receives a vote of two-thirds of the members
of the house, or on September 1, 2003 if it does not receive the
two-thirds vote. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute focuses on grease trap waste and gives more specific and
clarified criteria about how a person may be permitted to compost grease
trap waste, including how, under stipulated conditions,  a person can
continue to engage in the business of composting grease trap waste after
the effective date of this Act.   The substitute also requires the
commission to adopt any rules necessary for the implementation of this
Act.