Bill Text: TX SB872 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the authorization for certain land applications and disposal of dairy waste.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-04-13 - Left pending in committee [SB872 Detail]
Download: Texas-2023-SB872-Introduced.html
88R37 JAM-D | ||
By: Springer | S.B. No. 872 |
|
||
|
||
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. |