HBA-KMH H.B. 3144 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3144 By: Kuempel Environmental Regulation 4/5/1999 Introduced BACKGROUND AND PURPOSE Currently, the Texas Natural Resource Conservation Commission (TNRCC) lacks legislative authority to investigate land disposal of sewage sludge to determine if the sludge is for beneficial use. Beneficial use is the process of cleaning sludge and reapplying it to the ground. Due to the lack of enforcement, interested parties are reluctant to graze animals or make use of the land because they are unaware if the sludge is complying with TNRCC standards. H.B. 3144 requires TNRCC to investigate all complaints regarding the beneficial use of sewage sludge and authorizes TNRCC to enter property and inspect records for this purpose. This bill also provides that a person who has a lease interest in real property, including a lease of hunting or grazing rights, is an interested party for purporses of a complaint and has a cause of action against the owner of the property for damages to the value of the lease or other injury caused by the land application of sewage sludge. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter B, Chapter 361, Health and Safety Code, by adding Section 361.0404, as follows: Sec. 361.040. INVESTIGATION OF LAND DISPOSAL ACTIVITIES. (a) Authorizes the Texas Natural Resource Conservation Commission (TNRCC) to enter property to investigate activities related to the land application of sewage sludge or to inspect records related to the activities. (b) Requires TNRCC, on receipt of a credible complaint of an interested person, to investigate whether sludge that is being applied to land for a beneficial use meets the standards provided by TNRCC rules for land application. Requires TNRCC also to investigate whether the land application is being conducted in accordance with the requirements of this chapter and rules adopted and orders issued under this chapter. (c) Provides that for purposes of Subsection (b) a person who has leased hunting or grazing rights on land affected by the land application of sewage sludge is an interested person. SECTION 2. Amends Chapter 361, Health and Safety Code, by adding Subchapter W, as follows: SUBCHAPTER W. PERSONS INJURED BY SOLID WASTE DISPOSAL OR TREATMENT ACTIVITY Sec. 361.801. DAMAGES TO LEASE INTEREST BY LAND APPLICATION OF SEWAGE SLUDGE. Provides that a person who has a lease interest in real property, including a lease of hunting or grazing rights, has a cause of action against the owner of the property for damages to the value of the lease or other injury caused by the land application of sewage sludge. SECTION 3. Emergency clause. Effective date: upon passage.