1-1 By: Ratliff S.B. No. 1910 1-2 (In the Senate - Filed March 25, 1997; April 3, 1997, read 1-3 first time and referred to Committee on Natural Resources; 1-4 April 25, 1997, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 9, Nays 1; April 25, 1997, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1910 By: Barrientos 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the regulation of poultry operations. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Chapter 26, Water Code, is amended by adding 1-13 Subchapter H to read as follows: 1-14 SUBCHAPTER H. POULTRY OPERATIONS 1-15 Sec. 26.301. DEFINITIONS. In this subchapter: 1-16 (1) "Confined poultry operation" means a concentrated 1-17 poultry facility: 1-18 (A) that is operated for meat or egg production 1-19 or for growing, stabling, or housing poultry; and 1-20 (B) in which: 1-21 (i) poultry are confined in pens or houses 1-22 and fed; and 1-23 (ii) crops or forage are not grown and 1-24 feed is not produced. 1-25 (2) "Poultry" means chickens, turkeys, ducks, or other 1-26 fowl being raised or kept on any premises in the state for profit. 1-27 (3) "Poultry carcass" means the carcass, or part of a 1-28 carcass, of poultry that died as a result of a cause other than 1-29 intentional slaughter for use for human consumption. 1-30 (4) "Poultry facility" means a facility that: 1-31 (A) is used to raise, grow, feed, or otherwise 1-32 produce poultry for commercial purposes; or 1-33 (B) is a commercial poultry hatchery that is 1-34 used to produce baby poultry. 1-35 (5) "Poultry litter" includes poultry excrement, 1-36 bedding, and feed waste from a confined poultry operation. 1-37 (6) "Provider" means a person who provides poultry 1-38 litter to a user. 1-39 (7) "User" means a person who applies poultry litter 1-40 to land. 1-41 (8) "Wastewater" means water, including water used in 1-42 a poultry operation and rainfall runoff, that contains poultry 1-43 litter or is contaminated by poultry litter. 1-44 Sec. 26.302. EXEMPTION. This subchapter does not apply to a 1-45 person whose flock of poultry in a confined poultry operation does 1-46 not average more than 3,000 birds per day for a 90-day period 1-47 unless the commission determines, on notice and hearing, that the 1-48 method of disposal of poultry waste used by the person poses a 1-49 threat of disease. 1-50 Sec. 26.303. REGISTRATION WITH COMMISSION. (a) A person 1-51 shall register with the commission if the person: 1-52 (1) operates a poultry facility; or 1-53 (2) transports poultry carcasses or poultry litter 1-54 from a poultry facility to a point of disposal. 1-55 (b) A person who is described by Subsections (a)(1) and (2) 1-56 may submit a single registration. 1-57 (c) The commission may impose a registration fee not to 1-58 exceed $50. 1-59 Sec. 26.304. COMMISSION RULES. The commission shall adopt 1-60 rules to implement this subchapter, including rules regarding 1-61 registration procedures, registration fees, and enforcement 1-62 procedures. 1-63 Sec. 26.305. REGULATION OF POULTRY FACILITIES. A person who 1-64 owns or operates a poultry facility shall ensure that the facility 2-1 is adequately equipped for handling and disposal of poultry 2-2 carcasses, poultry litter, and other poultry waste regardless of 2-3 whether the person owns the poultry. 2-4 Sec. 26.306. HANDLING AND DISPOSAL OF POULTRY CARCASSES. 2-5 (a) The commission by rule shall adopt requirements for the safe 2-6 and adequate handling, storage, transportation, and disposal of 2-7 poultry carcasses. The rules must: 2-8 (1) specify the acceptable methods for disposal of 2-9 poultry carcasses, including: 2-10 (A) placement in a landfill permitted by the 2-11 commission to receive municipal solid waste; 2-12 (B) composting; 2-13 (C) cremation or incineration; 2-14 (D) extrusion; 2-15 (E) on-farm freezing; 2-16 (F) rendering; and 2-17 (G) cooking for swine food; 2-18 (2) prohibit the disposal of poultry carcasses on the 2-19 site of a poultry facility by pit burial, dumping, or similar means 2-20 except in the case of a major die-off; 2-21 (3) require poultry carcasses stored on the site of a 2-22 poultry facility to be stored in a sealed, varmint-proof receptacle 2-23 to prevent odor, leakage, or spillage; and 2-24 (4) require poultry carcasses stored on the site of a 2-25 poultry facility for more than 30 hours to be stored in a 2-26 receptacle that is refrigerated to a constant temperature of 40 2-27 degrees Fahrenheit or less. 2-28 (b) A person must obtain any permit required by other law to 2-29 dispose of poultry carcasses as provided by Subsection (a)(1). 2-30 Sec. 26.307. HANDLING AND DISPOSAL OF POULTRY LITTER. 2-31 (a) A person who transports poultry litter shall ensure that the 2-32 poultry litter does not leak, spill, or otherwise emanate from the 2-33 transportation vessel. 2-34 (b) The commission by rule shall require a provider to 2-35 maintain records on site until the third anniversary of the date 2-36 the poultry litter is delivered to a user. The records must 2-37 include: 2-38 (1) the volume by cubic yard of poultry litter 2-39 delivered to each user in each delivery; 2-40 (2) the date poultry litter is land applied; 2-41 (3) the volume by cubic yard of poultry litter land 2-42 applied; 2-43 (4) the location and size of the area to which poultry 2-44 litter is land applied; and 2-45 (5) any other information required by the commission. 2-46 (c) The commission by rule shall require the operator of a 2-47 poultry facility to maintain records on site. The records must 2-48 include: 2-49 (1) the name of each provider that removes poultry 2-50 litter from the facility; 2-51 (2) the date the provider removes poultry litter from 2-52 the facility; and 2-53 (3) the volume by cubic yard of poultry litter removed 2-54 by the provider from the facility. 2-55 (d) The records required by this section shall be made 2-56 available to the executive director on request. 2-57 (e) This section does not limit the power of the commission 2-58 to regulate poultry facilities or poultry litter under other law. 2-59 Sec. 26.308. LAND APPLICATION OF POULTRY LITTER. (a) The 2-60 commission by rule shall specify best management practices for the 2-61 land application of poultry litter. The rules must prohibit 2-62 application of poultry litter: 2-63 (1) to soil that is frozen, saturated, or subject to 2-64 excessive erosion; 2-65 (2) near a water well, water outcropping, or dwelling; 2-66 and 2-67 (3) at an agronomic rate that may overload the level 2-68 of phosphorus or nitrogen in the soil or in water runoff, taking 2-69 into consideration the frequency of application, tilling, 3-1 terracing, construction of dikes, berms, or ditches, or use of 3-2 other similar methods where necessary to prevent runoff into 3-3 watercourses. 3-4 (b) If the commission determines that a user has applied 3-5 poultry litter in violation of a rule under Subsection (a), the 3-6 commission may prohibit a provider from delivering additional 3-7 litter to the user. 3-8 Sec. 26.309. ENFORCEMENT. (a) The commission's employees 3-9 and agents may enter any premises on which poultry is produced, 3-10 stored, or disposed of to conduct an inspection or otherwise 3-11 enforce compliance with this subchapter. 3-12 (b) The commission may contract with a local government to 3-13 investigate and enforce compliance with this subchapter. 3-14 SECTION 2. (a) Except as provided by Subsection (b) of this 3-15 section, this Act takes effect March 1, 1998. 3-16 (b) Section 26.306, Water Code, as added by this Act, takes 3-17 effect March 1, 1999. 3-18 SECTION 3. The importance of this legislation and the 3-19 crowded condition of the calendars in both houses create an 3-20 emergency and an imperative public necessity that the 3-21 constitutional rule requiring bills to be read on three several 3-22 days in each house be suspended, and this rule is hereby suspended. 3-23 * * * * *