Bill Text: TX HB3387 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to the authorization for certain land applications and disposal of dairy waste.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Engrossed - Dead) 2021-05-26 - Removed from local & uncontested calendar [HB3387 Detail]
Download: Texas-2021-HB3387-Comm_Sub.html
| By: Rogers, et al. (Senate Sponsor - Springer) | H.B. No. 3387 | |
| (In the Senate - Received from the House May 10, 2021; | ||
| May 12, 2021, read first time and referred to Committee on Water, | ||
| Agriculture & Rural Affairs; May 19, 2021, reported favorably by | ||
| the following vote: Yeas 9, Nays 0; May 19, 2021, sent to printer.) | ||
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| 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, 2022, 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, 2021. | ||
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