SRC-SLL S.B. 1910 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1910
By: Ratliff
Natural Resources
4-22-97
As Filed


DIGEST 

Currently, the Texas Natural Resource Conservation Commission's 
(TNRCC) regulations on the 
discharge of waste into waters of the state exempt poultry 
operations that do not have liquid waste 
handling systems.  Most poultry houses fall within this exemption 
because they operate with a dry 
waste handling system.  For those unregulated facilities, poultry 
litter is often stockpiled and 
disposed of without any effort to protect the waters of the 
state.  Additionally, in the poultry industry, 
the occurrence of deaths of chickens in large quantities is not 
unusual.  These deaths can occur from 
disease or climatic conditions.  In such instances, there are no 
state laws which relate to the disposal 
of these chicken carcasses.  Some poultry producers dispose of 
dead chickens in open, unlined pits, 
similar to a landfill.  This bill will provide regulations 
relating to the disposal and handling of poultry 
and poultry litter.

PURPOSE

As proposed, S.B. 1910 provides regulations relating to the 
disposal and handling of poultry and 
poultry litter.

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Natural Resource 
Conservation Commission in 
SECTION 1 (Sections 26.276(f) and 26.277(b), Water Code) of this 
bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 26, Water Code, by adding Subchapter H, 
as follows:

SUBCHAPTER H.  POULTRY OPERATIONS

Sec.  26.275.  DEFINITIONS.  Defines "average daily basis," 
"commission," "executive 
director," "feedlot/concentrated animal feeding operation," 
"housed lot," "major enforcement 
action," "operator," "registrant," "poultry facility," 
"poultry," "poultry carcasses," "poultry 
litter," "provider," "refrigerated," "user," and 
"wastewater."

Sec.  26.276.  POULTRY LITTER, DEAD POULTRY AND UNHATCHED OR 
UNUSED 
EGGS.  Provides that the purpose of this section is to 
control, eradicate, and prevent the 
spread of contagious and infectious diseases of poultry, and 
the protection of water quality 
through the proper destruction and disposal of dead poultry, 
unhatched or unused eggs and 
other poultry litter by requiring commercial growers of 
poultry and commercial hatcheries 
to be equipped with and to use disposal facilities as 
provided by this section.  Sets forth 
regulations regarding disposal of poultry litter, dead 
poultry and unhatched or unused eggs. 
Requires the Texas Natural Resource Conservation Commission 
(TNRCC) to prescribe rules 
pertaining to minimum requirements of the safe and adequate 
storage, handling, and 
transportation of poultry carcasses at and from poultry 
facilities.

Sec.  26.277.  DISPOSAL OF POULTRY CARCASSES. Provides that 
the disposal of 
poultry carcasses by open pit burial, landfill or other 
similar disposal is prohibited. 
Authorizes carcasses to be disposed in landfills permitted 
by the TNRCC to receive 
municipal solid waste.  Requires TNRCC, by regulation, to 
specify other acceptable methods
 for the disposal of poultry carcasses, including, but not 
limited to certain methods.  Prohibits 
this section from affecting other requirements if law, in 
any, for the permitting of any of the 
disposal activities in Subsection (b).

Sec.  26.278.  EXEMPTIONS.  Provides that the provisions of 
this section do not apply to 
persons with flocks of 3,000 poultry or less on an average 
daily basis, unless TNRCC 
determines, upon hearing and notice, that the person's means 
of disposal constitutes a disease 
threat.

Sec.  26.279.  IMPROPER DISPOSAL OR TRANSPORTATION OF 
CARCASSES. 
Provides that a person commits a Class B misdemeanor if the 
person disposes of a poultry 
carcass, in violation of the provisions of Section 26.277 of 
this subchapter, or if the person 
transports or arranges for transportation in violation of 
the provisions of Section 26.276(d).

Sec.  26.280.  DISPOSAL AND HANDLING OF POULTRY LITTER.  
Sets forth 
regulations regarding disposal and handling of poultry 
litter.

Sec.  26.281.  Requires TNRCC to regulate discharges from 
poultry related concentrated 
animal feeding operations and to regulate all poultry 
operations which stable, and confine 
and feed or maintain for a total of 45 days or more in any 
12-month period more than 3,000 
laying hens or broilers.  Provides that there shall no 
differentiation in regulation between 
facilities which have liquid or dry waste handling systems.  
Defines "poultry related 
concentrated animal feeding operations."

SECTION 2. Emergency clause.