Texas 2021 - 87th Regular

Texas House Bill HB3387 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Rogers, et al. (Senate Sponsor - Springer) H.B. No. 3387
2		-	(In the Senate - Received from the House May 10, 2021;
3		-	May 12, 2021, read first time and referred to Committee on Water,
4		-	Agriculture & Rural Affairs; May 19, 2021, reported favorably by
5		-	the following vote: Yeas 9, Nays 0; May 19, 2021, sent to printer.)
6		-	Click here to see the committee vote
	1	+	87R16331 JAM-D
	2	+	By: Rogers, Harris, Price, Ashby, Landgraf H.B. No. 3387
7	3
8	4
9	5		A BILL TO BE ENTITLED
10	6		AN ACT
11	7		relating to the authorization for certain land applications and
12	8		disposal of dairy waste.
13	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	10		SECTION 1. Subchapter C, Chapter 361, Health and Safety
15	11		Code, is amended by adding Section 361.1215 to read as follows:
16	12		Sec. 361.1215. PERMISSIVE LAND APPLICATION OF DAIRY WASTE.
17	13		(a) In this section, "dairy waste" means milk, milk by-products, or
18	14		milk processing waste that is spilled, spoiled, adulterated,
19	15		unmarketable, stranded, or otherwise unfit for human consumption
20	16		produced by a dairy operation.
21	17		(b) Notwithstanding any other law, the commission shall
22	18		issue an authorization by rule for land application of dairy waste.
23	19		(c) The commission shall adopt rules governing the land
24	20		application of dairy waste authorized under this section.
25	21		(d) Rules adopted under Subsection (c) must:
26	22		(1) minimize the risk of water quality impairment
27	23		caused by the land application; and
28	24		(2) prescribe the conditions under which an
29	25		authorization is issued, including:
30	26		(A) the duration of the authorization;
31	27		(B) the location of the land application unit;
32	28		(C) the maximum quantity or application rate of
33	29		dairy waste that may be applied or disposed of under the
34	30		authorization;
35	31		(D) the suggested agronomic application rate for
36	32		the dairy waste or other beneficial uses of the dairy waste; and
37	33		(E) best management practices for the handling
38	34		and disposal of dairy waste.
39	35		SECTION 2. Subchapter B, Chapter 26, Water Code, is amended
40	36		by adding Section 26.0481 to read as follows:
41	37		Sec. 26.0481. DISPOSAL OF DAIRY WASTE IN RETENTION
42	38		FACILITY. (a) In this section, "dairy waste" means milk, milk
43	39		by-products, or milk processing waste that is spilled, spoiled,
44	40		adulterated, unmarketable, stranded, or otherwise unfit for human
45	41		consumption produced at a concentrated animal feeding operation.
46	42		(b) Notwithstanding any other law and to the extent
47	43		permitted by federal law, the commission shall adopt rules under
48	44		this section to allow:
49	45		(1) the disposal of dairy waste from a concentrated
50	46		animal feeding operation into a control or retention facility,
51	47		including a lagoon or playa, as that term is defined by Section
52	48		26.048; and
53	49		(2) the land application by irrigation associated with
54	50		the disposal described by Subdivision (1).
55	51		(c) Rules adopted under Subsection (b) must:
56	52		(1) minimize the risk of water quality impairment
57	53		caused by:
58	54		(A) the disposal of dairy waste into the control
59	55		or retention facility; and
60	56		(B) the land application by irrigation
61	57		associated with the disposal described by Paragraph (A); and
62	58		(2) require best management practices to ensure that
63	59		the disposal of dairy waste into the control or retention facility
64	60		does not impair water quality.
65	61		SECTION 3. Not later than March 1, 2022, the Texas
66	62		Commission on Environmental Quality shall adopt rules necessary to
67	63		implement Section 361.1215, Health and Safety Code, and Section
68	64		26.0481, Water Code, as added by this Act.
69	65		SECTION 4. This Act takes effect September 1, 2021.
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