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A BILL TO BE ENTITLED
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AN ACT
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relating to the authorization for certain land applications and |
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discharges into retention facilities of dairy waste. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 361, Health and Safety |
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Code, is amended by adding Section 361.1215 to read as follows: |
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Sec. 361.1215. PERMISSIVE LAND APPLICATION OF DAIRY WASTE. |
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(a) In this section, "dairy waste" means milk that is spilled, |
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spoiled, or otherwise unfit for human consumption produced by a |
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dairy operation. |
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(b) Notwithstanding any other law, the commission may issue |
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a permit, registration, or other authorization for land application |
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of dairy waste. |
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(c) The commission shall adopt rules governing the land |
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application of dairy waste authorized under this section. |
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(d) Rules adopted under Subsection (c) must: |
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(1) minimize the risk of water quality impairment |
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caused by the land application; and |
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(2) prescribe the conditions under which a permit is |
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issued, including: |
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(A) the duration of the permit; |
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(B) the location of the land application unit; |
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(C) the maximum quantity of dairy waste that may |
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be applied or disposed of under the permit; and |
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(D) the suggested agronomic application rate for |
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the dairy waste. |
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SECTION 2. Subchapter B, Chapter 26, Water Code, is amended |
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by adding Section 26.0481 to read as follows: |
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Sec. 26.0481. DISCHARGE OF DAIRY WASTE IN RETENTION |
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FACILITY. (a) In this section, "dairy waste" means milk that is |
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spilled, spoiled, or otherwise unfit for human consumption produced |
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at a concentrated animal feeding operation. |
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(b) Notwithstanding any other law and to the extent |
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permitted by federal law, the commission shall adopt rules under |
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this section to allow the discharge of dairy waste from a |
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concentrated animal feeding operation into a control or retention |
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facility, including a lagoon or playa, as that term is defined by |
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Section 26.048. |
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(c) Rules adopted under Subsection (b) must: |
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(1) minimize the risk of water quality impairment |
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caused by the discharge of dairy waste into the control or retention |
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facility; and |
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(2) require monitoring to ensure that the discharge of |
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dairy waste into the control or retention facility does not impair |
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water quality. |
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SECTION 3. Not later than March 1, 2022, the Texas |
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Commission on Environmental Quality shall adopt rules necessary to |
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implement Section 361.1215, Health and Safety Code, and Section |
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26.0481, Water Code, as added by this Act. |
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SECTION 4. This Act takes effect September 1, 2021. |