1-1 By: Chisum (Senate Sponsor - Bivins) H.B. No. 2634 1-2 (In the Senate - Received from the House May 5, 1993; 1-3 May 6, 1993, read first time and referred to Committee on Natural 1-4 Resources; May 14, 1993, reported favorably by the following vote: 1-5 Yeas 8, Nays 0; May 14, 1993, sent to printer.) 1-6 COMMITTEE VOTE 1-7 Yea Nay PNV Absent 1-8 Sims x 1-9 Truan x 1-10 Armbrister x 1-11 Barrientos x 1-12 Bivins x 1-13 Brown x 1-14 Carriker x 1-15 Lucio x 1-16 Montford x 1-17 Ratliff x 1-18 Shelley x 1-19 A BILL TO BE ENTITLED 1-20 AN ACT 1-21 relating to restrictions on concentrated animal feeding operations 1-22 to protect waters of the state. 1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-24 SECTION 1. Subchapter B, Chapter 26, Water Code, is amended 1-25 by adding Section 26.048 to read as follows: 1-26 Sec. 26.048. PROHIBITION OF DISCHARGE TO A PLAYA FROM A 1-27 CONCENTRATED ANIMAL FEEDING OPERATION. (a) Except as provided by 1-28 Subsections (b) and (c) of this section, the commission may adopt 1-29 rules under this section to prohibit: 1-30 (1) the discharge of agricultural waste from a 1-31 concentrated animal feeding operation into a playa; or 1-32 (2) the use of a playa as a wastewater retention 1-33 facility for agricultural waste. 1-34 (b) A concentrated animal feeding operation authorized to 1-35 discharge agricultural waste into a playa or to use a playa as a 1-36 wastewater retention facility for agricultural waste under this 1-37 chapter before the adoption of rules under this section may 1-38 continue that discharge into the playa or use of the playa for the 1-39 retention of agricultural waste after the adoption of those rules. 1-40 The operator of a concentrated animal feeding operation that uses a 1-41 playa as a wastewater retention facility annually shall collect a 1-42 water sample from each well providing water for the facility and 1-43 shall have the sample analyzed for chlorides and nitrates. The 1-44 operator shall provide copies of the analysis to the commission. 1-45 If the results of an analysis when compared with analysis of water 1-46 collected at an earlier date from the same well indicate a 1-47 significant increase in the levels of chlorides or nitrates, the 1-48 commission shall require that an investigation be made to determine 1-49 the source of the contamination. If it is determined that 1-50 contamination is occurring as a result of use of the playa as a 1-51 retention facility for the waste from the concentrated feeding 1-52 operation, the commission shall require action to correct the 1-53 problem. 1-54 (c) The authorization for a concentrated animal feeding 1-55 operation to use a playa for agricultural waste discharge or 1-56 retention under Subsection (b) of this section is not affected by 1-57 the expansion of a concentrated animal feeding operation, a permit 1-58 amendment, permit renewal, transfer of ownership or operation of a 1-59 concentrated animal feeding operation, or by a suspension for not 1-60 more than five years of operations at a concentrated animal feeding 1-61 operation. 1-62 (d) Subsections (b) and (c) of this section do not restrict 1-63 the application of commission rules that regulate concentrated 1-64 animal feeding operations for the purpose of protecting water 1-65 quality and that are not in conflict with those subsections. 1-66 (e) As used in this section: 1-67 (1) "Concentrated animal feeding operation" means a 1-68 concentrated, confined livestock or poultry facility that is 2-1 operated for meat, milk, or egg production or for growing, 2-2 stabling, or housing livestock or poultry in pens or houses, in 2-3 which livestock or poultry are fed at the place of confinement and 2-4 crop or forage growth or feed is not produced in the confinement 2-5 area. 2-6 (2) "Playa" means a flat-floored, clayey bottom of an 2-7 undrained basin that is located in an arid or semi-arid part of the 2-8 state, is naturally dry most of the year, and collects runoff from 2-9 rain but is subject to rapid evaporation. 2-10 SECTION 2. This Act takes effect September 1, 1993. 2-11 SECTION 3. The importance of this legislation and the 2-12 crowded condition of the calendars in both houses create an 2-13 emergency and an imperative public necessity that the 2-14 constitutional rule requiring bills to be read on three several 2-15 days in each house be suspended, and this rule is hereby suspended. 2-16 * * * * * 2-17 Austin, 2-18 Texas 2-19 May 14, 1993 2-20 Hon. Bob Bullock 2-21 President of the Senate 2-22 Sir: 2-23 We, your Committee on Natural Resources to which was referred H.B. 2-24 No. 2634, have had the same under consideration, and I am 2-25 instructed to report it back to the Senate with the recommendation 2-26 that it do pass and be printed. 2-27 Sims, 2-28 Chairman 2-29 * * * * * 2-30 WITNESSES 2-31 FOR AGAINST ON 2-32 ___________________________________________________________________ 2-33 Name: A Wayne Wyatt x 2-34 Representing: High Plains Underground Water 2-35 City: Lubbock 2-36 ------------------------------------------------------------------- 2-37 Name: Ross Wilson x 2-38 Representing: Texas Cattle Feeders Assn 2-39 City: Amarillo 2-40 ------------------------------------------------------------------- 2-41 Name: Bill Powers x 2-42 Representing: Texas Farm Bureau 2-43 City: Austin 2-44 ------------------------------------------------------------------- 2-45 Name: Ed Small x 2-46 Representing: TX & SW Cattle Raisers 2-47 City: Austin 2-48 ------------------------------------------------------------------- 2-49 Name: Ken Horton x 2-50 Representing: TX Pork Producers Assn 2-51 City: Austin 2-52 ------------------------------------------------------------------- 2-53 Name: Jerry L Clark x 2-54 Representing: Associated Milk Producers 2-55 City: Arlington 2-56 -------------------------------------------------------------------