| 1 | 1 | | 88R37 JAM-D |
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| 2 | 2 | | By: Springer S.B. No. 872 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the authorization for certain land applications and |
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| 8 | 8 | | disposal of dairy waste. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter C, Chapter 361, Health and Safety |
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| 11 | 11 | | Code, is amended by adding Section 361.1215 to read as follows: |
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| 12 | 12 | | Sec. 361.1215. PERMISSIVE LAND APPLICATION OF DAIRY WASTE. |
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| 13 | 13 | | (a) In this section, "dairy waste" means milk, milk by-products, or |
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| 14 | 14 | | milk processing waste that is spilled, spoiled, adulterated, |
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| 15 | 15 | | unmarketable, stranded, or otherwise unfit for human consumption |
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| 16 | 16 | | produced by a dairy operation. |
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| 17 | 17 | | (b) Notwithstanding any other law, the commission shall |
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| 18 | 18 | | issue an authorization by rule for land application of dairy waste. |
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| 19 | 19 | | (c) The commission shall adopt rules governing the land |
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| 20 | 20 | | application of dairy waste authorized under this section. |
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| 21 | 21 | | (d) Rules adopted under Subsection (c) must: |
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| 22 | 22 | | (1) minimize the risk of water quality impairment |
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| 23 | 23 | | caused by the land application; and |
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| 24 | 24 | | (2) prescribe the conditions under which an |
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| 25 | 25 | | authorization is issued, including: |
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| 26 | 26 | | (A) the duration of the authorization; |
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| 27 | 27 | | (B) the location of the land application unit; |
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| 28 | 28 | | (C) the maximum quantity or application rate of |
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| 29 | 29 | | dairy waste that may be applied or disposed of under the |
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| 30 | 30 | | authorization; |
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| 31 | 31 | | (D) the suggested agronomic application rate for |
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| 32 | 32 | | the dairy waste or other beneficial uses of the dairy waste; and |
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| 33 | 33 | | (E) best management practices for the handling |
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| 34 | 34 | | and disposal of dairy waste. |
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| 35 | 35 | | SECTION 2. Subchapter B, Chapter 26, Water Code, is amended |
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| 36 | 36 | | by adding Section 26.0481 to read as follows: |
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| 37 | 37 | | Sec. 26.0481. DISPOSAL OF DAIRY WASTE IN RETENTION |
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| 38 | 38 | | FACILITY. (a) In this section, "dairy waste" means milk, milk |
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| 39 | 39 | | by-products, or milk processing waste that is spilled, spoiled, |
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| 40 | 40 | | adulterated, unmarketable, stranded, or otherwise unfit for human |
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| 41 | 41 | | consumption produced at a concentrated animal feeding operation. |
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| 42 | 42 | | (b) Notwithstanding any other law and to the extent |
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| 43 | 43 | | permitted by federal law, the commission shall adopt rules under |
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| 44 | 44 | | this section to allow: |
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| 45 | 45 | | (1) the disposal of dairy waste from a concentrated |
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| 46 | 46 | | animal feeding operation into a control or retention facility, |
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| 47 | 47 | | including a lagoon or playa, as that term is defined by Section |
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| 48 | 48 | | 26.048; and |
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| 49 | 49 | | (2) the land application by irrigation associated with |
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| 50 | 50 | | the disposal described by Subdivision (1). |
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| 51 | 51 | | (c) Rules adopted under Subsection (b) must: |
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| 52 | 52 | | (1) minimize the risk of water quality impairment |
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| 53 | 53 | | caused by: |
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| 54 | 54 | | (A) the disposal of dairy waste into the control |
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| 55 | 55 | | or retention facility; and |
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| 56 | 56 | | (B) the land application by irrigation |
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| 57 | 57 | | associated with the disposal described by Paragraph (A); and |
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| 58 | 58 | | (2) require best management practices to ensure that |
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| 59 | 59 | | the disposal of dairy waste into the control or retention facility |
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| 60 | 60 | | does not impair water quality. |
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| 61 | 61 | | SECTION 3. Not later than March 1, 2024, the Texas |
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| 62 | 62 | | Commission on Environmental Quality shall adopt rules necessary to |
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| 63 | 63 | | implement Section 361.1215, Health and Safety Code, and Section |
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| 64 | 64 | | 26.0481, Water Code, as added by this Act. |
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| 65 | 65 | | SECTION 4. This Act takes effect September 1, 2023. |
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