88R37 JAM-D
 
  By: Rogers H.B. No. 692
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authorization for certain land applications and
  disposal of dairy waste.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 361, Health and Safety
  Code, is amended by adding Section 361.1215 to read as follows:
         Sec. 361.1215.  PERMISSIVE LAND APPLICATION OF DAIRY WASTE.
  (a) In this section, "dairy waste" means milk, milk by-products, or
  milk processing waste that is spilled, spoiled, adulterated,
  unmarketable, stranded, or otherwise unfit for human consumption
  produced by a dairy operation.
         (b)  Notwithstanding any other law, the commission shall
  issue an authorization by rule for land application of dairy waste. 
         (c)  The commission shall adopt rules governing the land
  application of dairy waste authorized under this section.
         (d)  Rules adopted under Subsection (c) must:
               (1)  minimize the risk of water quality impairment
  caused by the land application; and
               (2)  prescribe the conditions under which an
  authorization is issued, including:
                     (A)  the duration of the authorization;
                     (B)  the location of the land application unit;
                     (C)  the maximum quantity or application rate of
  dairy waste that may be applied or disposed of under the
  authorization;
                     (D)  the suggested agronomic application rate for
  the dairy waste or other beneficial uses of the dairy waste; and
                     (E)  best management practices for the handling
  and disposal of dairy waste.
         SECTION 2.  Subchapter B, Chapter 26, Water Code, is amended
  by adding Section 26.0481 to read as follows:
         Sec. 26.0481.  DISPOSAL OF DAIRY WASTE IN RETENTION
  FACILITY. (a) In this section, "dairy waste" means milk, milk
  by-products, or milk processing waste that is spilled, spoiled,
  adulterated, unmarketable, stranded, or otherwise unfit for human
  consumption produced at a concentrated animal feeding operation.
         (b)  Notwithstanding any other law and to the extent
  permitted by federal law, the commission shall adopt rules under
  this section to allow:
               (1)  the disposal of dairy waste from a concentrated
  animal feeding operation into a control or retention facility,
  including a lagoon or playa, as that term is defined by Section
  26.048; and
               (2)  the land application by irrigation associated with
  the disposal described by Subdivision (1).
         (c)  Rules adopted under Subsection (b) must:
               (1)  minimize the risk of water quality impairment
  caused by:
                     (A)  the disposal of dairy waste into the control
  or retention facility; and
                     (B)  the land application by irrigation
  associated with the disposal described by Paragraph (A); and
               (2)  require best management practices to ensure that
  the disposal of dairy waste into the control or retention facility
  does not impair water quality. 
         SECTION 3.  Not later than March 1, 2024, the Texas
  Commission on Environmental Quality shall adopt rules necessary to
  implement Section 361.1215, Health and Safety Code, and Section
  26.0481, Water Code, as added by this Act.
         SECTION 4.  This Act takes effect September 1, 2023.