Texas 2023 - 88th Regular

Texas House Bill HB692 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 692
2	2
3	3
4	4	AN ACT
5	5	relating to the authorization for certain land applications and
6	6	disposal of dairy waste.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subchapter C, Chapter 361, Health and Safety
9	9	Code, is amended by adding Section 361.1215 to read as follows:
10	10	Sec. 361.1215. PERMISSIVE LAND APPLICATION OF DAIRY WASTE.
11	11	(a) In this section, "dairy waste" means milk, milk by-products, or
12	12	milk processing waste that is spilled, spoiled, adulterated,
13	13	unmarketable, stranded, or otherwise unfit for human consumption
14	14	produced by a dairy operation.
15	15	(b) Notwithstanding any other law, the commission shall
16	16	issue an authorization by rule for land application of dairy waste.
17	17	(c) The commission shall adopt rules governing the land
18	18	application of dairy waste authorized under this section.
19	19	(d) Rules adopted under Subsection (c) must:
20	20	(1) minimize the risk of water quality impairment
21	21	caused by the land application; and
22	22	(2) prescribe the conditions under which an
23	23	authorization is issued, including:
24	24	(A) the duration of the authorization;
25	25	(B) the location of the land application unit;
26	26	(C) the maximum quantity or application rate of
27	27	dairy waste that may be applied or disposed of under the
28	28	authorization;
29	29	(D) the suggested agronomic application rate for
30	30	the dairy waste or other beneficial uses of the dairy waste; and
31	31	(E) best management practices for the handling
32	32	and disposal of dairy waste.
33	33	SECTION 2. Subchapter B, Chapter 26, Water Code, is amended
34	34	by adding Section 26.0481 to read as follows:
35	35	Sec. 26.0481. DISPOSAL OF DAIRY WASTE IN RETENTION
36	36	FACILITY. (a) In this section, "dairy waste" means milk, milk
37	37	by-products, or milk processing waste that is spilled, spoiled,
38	38	adulterated, unmarketable, stranded, or otherwise unfit for human
39	39	consumption produced at a concentrated animal feeding operation.
40	40	(b) Notwithstanding any other law and to the extent
41	41	permitted by federal law, the commission shall adopt rules under
42	42	this section to allow:
43	43	(1) the disposal of dairy waste from a concentrated
44	44	animal feeding operation into a control or retention facility,
45	45	including a lagoon or playa, as that term is defined by Section
46	46	26.048; and
47	47	(2) the land application by irrigation associated with
48	48	the disposal described by Subdivision (1).
49	49	(c) Rules adopted under Subsection (b) must:
50	50	(1) minimize the risk of water quality impairment
51	51	caused by:
52	52	(A) the disposal of dairy waste into the control
53	53	or retention facility; and
54	54	(B) the land application by irrigation
55	55	associated with the disposal described by Paragraph (A); and
56	56	(2) require best management practices to ensure that
57	57	the disposal of dairy waste into the control or retention facility
58	58	does not impair water quality.
59	59	SECTION 3. Not later than March 1, 2024, the Texas
60	60	Commission on Environmental Quality shall adopt rules necessary to
61	61	implement Section 361.1215, Health and Safety Code, and Section
62	62	26.0481, Water Code, as added by this Act.
63	63	SECTION 4. This Act takes effect September 1, 2023.
64	64	______________________________ ______________________________
65	65	President of the Senate Speaker of the House
66	66	I certify that H.B. No. 692 was passed by the House on April
67	67	28, 2023, by the following vote: Yeas 140, Nays 4, 2 present, not
68	68	voting.
69	69	______________________________
70	70	Chief Clerk of the House
71	71	I certify that H.B. No. 692 was passed by the Senate on May
72	72	11, 2023, by the following vote: Yeas 30, Nays 0.
73	73	______________________________
74	74	Secretary of the Senate
75	75	APPROVED: _____________________
76	76	Date
77	77	_____________________
78	78	Governor