85R3086 JRR-D     By: Wray H.B. No. 1250       A BILL TO BE ENTITLED   AN ACT   relating to the authority of certain counties to prohibit the land   application of certain sewage sludge in the county or in a portion   of the county.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 361.121(o), Health and Safety Code, is   amended to read as follows:          (o)  The commission may not issue a permit under this section   for a land application unit that is located:                (1)  in a county described by Section 361.1215(b) if   the commissioners court of the county has adopted an order under   Section 361.1215(c) that prohibits the land application of Class B   sludge in the county or in the portion of the county where the land   application unit is located; or                (2)  both:                      (A) [(1)]  in a county that borders the Gulf of   Mexico; and                      (B) [(2)]  500 feet or less from any water well or   surface water.          SECTION 2.  Subchapter C, Chapter 361, Health and Safety   Code, is amended by adding Section 361.1215 to read as follows:          Sec. 361.1215.  COUNTY PROHIBITION ON LAND APPLICATION OF   SLUDGE. (a)  In this section:                (1)  "Class A sludge" means sewage sludge that meets   one of the pathogen reduction requirements of 30 T.A.C. Section   312.82(a)(1)(B).                (2)  "Class AB sludge" means sewage sludge that meets   one of the pathogen reduction requirements of 30 T.A.C. Section   312.82(a)(1)(A).                (3)  "Class B sludge" has the meaning assigned by   Section 361.121.          (b)  This section applies only to a county that:                (1)  does not contain a municipality located entirely   within the county that has a population of more than 40,000;                (2)  is adjacent to two counties with populations of   more than one million; and                (3)  is located in the Region C regional water planning   area designated in accordance with Section 16.053, Water Code.          (c)  Notwithstanding any other law, the commissioners court   of a county described by Subsection (b) by order may prohibit the   land application of one or more specific types of sewage sludge,   including Class A sludge, Class AB sludge, and Class B sludge, in   the county or in a portion of the county. In determining whether to   adopt an order under this subsection, the commissioners court may   consider whether the sludge was processed using thermophilic   hydrolysis.          SECTION 3.  Not later than January 1, 2018, the Texas   Commission on Environmental Quality shall adopt any rules required   to implement the changes in law made by this Act.          SECTION 4.  (a)  The changes in law made by this Act apply   only to an application to apply Class A sludge, Class AB sludge, or   Class B sludge to a land application unit that is:                (1)  filed with the Texas Commission on Environmental   Quality on or after the effective date of this Act; or                (2)  filed with the Texas Commission on Environmental   Quality before the effective date of this Act but not found to be   administratively complete before that date.          (b)  A person who holds a registration or permit for the   application of Class A sludge, Class AB sludge, or Class B sludge   approved by the Texas Commission on Environmental Quality before   the effective date of this Act may apply Class A sludge, Class AB   sludge, or Class B sludge in accordance with the terms of the   registration or permit.          SECTION 5.  This Act takes effect September 1, 2017.