Texas 2017 - 85th Regular

Texas House Bill HB1250 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R3086 JRR-D
2	2	By: Wray H.B. No. 1250
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the authority of certain counties to prohibit the land
8	8	application of certain sewage sludge in the county or in a portion
9	9	of the county.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 361.121(o), Health and Safety Code, is
12	12	amended to read as follows:
13	13	(o) The commission may not issue a permit under this section
14	14	for a land application unit that is located:
15	15	(1) in a county described by Section 361.1215(b) if
16	16	the commissioners court of the county has adopted an order under
17	17	Section 361.1215(c) that prohibits the land application of Class B
18	18	sludge in the county or in the portion of the county where the land
19	19	application unit is located; or
20	20	(2) both:
21	21	(A) [(1)] in a county that borders the Gulf of
22	22	Mexico; and
23	23	(B) [(2)] 500 feet or less from any water well or
24	24	surface water.
25	25	SECTION 2. Subchapter C, Chapter 361, Health and Safety
26	26	Code, is amended by adding Section 361.1215 to read as follows:
27	27	Sec. 361.1215. COUNTY PROHIBITION ON LAND APPLICATION OF
28	28	SLUDGE. (a) In this section:
29	29	(1) "Class A sludge" means sewage sludge that meets
30	30	one of the pathogen reduction requirements of 30 T.A.C. Section
31	31	312.82(a)(1)(B).
32	32	(2) "Class AB sludge" means sewage sludge that meets
33	33	one of the pathogen reduction requirements of 30 T.A.C. Section
34	34	312.82(a)(1)(A).
35	35	(3) "Class B sludge" has the meaning assigned by
36	36	Section 361.121.
37	37	(b) This section applies only to a county that:
38	38	(1) does not contain a municipality located entirely
39	39	within the county that has a population of more than 40,000;
40	40	(2) is adjacent to two counties with populations of
41	41	more than one million; and
42	42	(3) is located in the Region C regional water planning
43	43	area designated in accordance with Section 16.053, Water Code.
44	44	(c) Notwithstanding any other law, the commissioners court
45	45	of a county described by Subsection (b) by order may prohibit the
46	46	land application of one or more specific types of sewage sludge,
47	47	including Class A sludge, Class AB sludge, and Class B sludge, in
48	48	the county or in a portion of the county. In determining whether to
49	49	adopt an order under this subsection, the commissioners court may
50	50	consider whether the sludge was processed using thermophilic
51	51	hydrolysis.
52	52	SECTION 3. Not later than January 1, 2018, the Texas
53	53	Commission on Environmental Quality shall adopt any rules required
54	54	to implement the changes in law made by this Act.
55	55	SECTION 4. (a) The changes in law made by this Act apply
56	56	only to an application to apply Class A sludge, Class AB sludge, or
57	57	Class B sludge to a land application unit that is:
58	58	(1) filed with the Texas Commission on Environmental
59	59	Quality on or after the effective date of this Act; or
60	60	(2) filed with the Texas Commission on Environmental
61	61	Quality before the effective date of this Act but not found to be
62	62	administratively complete before that date.
63	63	(b) A person who holds a registration or permit for the
64	64	application of Class A sludge, Class AB sludge, or Class B sludge
65	65	approved by the Texas Commission on Environmental Quality before
66	66	the effective date of this Act may apply Class A sludge, Class AB
67	67	sludge, or Class B sludge in accordance with the terms of the
68	68	registration or permit.
69	69	SECTION 5. This Act takes effect September 1, 2017.