By: Rogers, et al. (Senate Sponsor - Springer) H.B. No. 692
(In the Senate - Received from the House May 1, 2023;
May 2, 2023, read first time and referred to Committee on Water,
Agriculture & Rural Affairs; May 4, 2023, reported favorably by the
following vote: Yeas 9, Nays 0; May 4, 2023, sent to printer.)
Click here to see the committee vote
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.
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