Floor Packet Page No. 93
Amend CSHB 2912 as follows:
(1) On page 73, between lines 16 and 17, insert the following
article and sections, numbered appropriately:
ARTICLE ____. REGULATION OF CERTAIN
ANIMAL FEEDING OPERATIONS
SECTION ____. Section 26.001, Water Code, is amended by
amending Subdivisions (10) and (13) and adding Subdivisions
(27)-(29) to read as follows:
(10) "Agricultural waste" means waterborne liquid,
gaseous, or solid substances that arise from the agricultural
industry and agricultural activities, including without limitation
agricultural animal feeding pens and lots, structures for housing
and feeding agricultural animals, and processing facilities for
agricultural products. The term:
(A) includes tail water or runoff water from
irrigation or rainwater runoff from an animal feeding operation or
concentrated animal feeding operation that is located in a major
feeding operations impaired watershed; and
(B) <"agricultural waste"> does not include tail
water or runoff water from irrigation or rainwater runoff from
other cultivated or uncultivated range land, pasture land, and
farmland.
(13) "Pollutant" means dredged spoil, solid waste,
incinerator residue, sewage, garbage, sewage sludge, filter
backwash, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discarded equipment, rock,
sand, cellar dirt, and industrial, municipal, and agricultural
waste discharged into any water in the state. The term:
(A) includes tail water or runoff water from
irrigation or rainwater runoff from an animal feeding operation or
concentrated animal feeding operation that is located in a major
feeding operations impaired watershed; and
(B) <"pollutant"> does not include tail water or
runoff water from irrigation or rainwater runoff from cultivated or
uncultivated rangeland, pastureland, and farmland.
(27) "Animal feeding operation" means an area of land
where animals have been, are, or will be stabled or confined and
fed or maintained for 45 days or more in any 12-month period and
the confinement areas of which do not sustain crops, vegetation,
forage growth, or post-harvest residues in the normal growing
season. The term:
(A) includes two or more such areas under common
ownership that adjoin or use a common area or system for the
disposal or beneficial use of wastes; and
(B) does not include a facility for aquatic
animal production.
(28) "Major feeding operations impaired watershed"
means a watershed containing:
(A) a reservoir used by a municipality for its
drinking water source:
(i) that serves a population of more than
150,000 residing inside and outside of the municipality; and
(ii) for which at least half of the water
flowing into the reservoir is from a source that is listed, on
September 1, 2001, on the list of impaired state waters adopted by
the commission as required by 33 U.S.C. Section 1313(d); or
(B) a body of water that the executive director
has determined to be impaired by the presence of elevated nutrients
caused to any degree by:
(i) the discharge of agricultural waste
from an animal feeding operation or concentrated animal feeding
operation; or
(ii) discharge or runoff of pollution from
land application of agricultural waste from an animal feeding
operation or concentrated animal feeding operation.
(29) "Concentrated animal feeding operation" means an
animal feeding operation designated as a concentrated animal
feeding operation by commission rule or by the executive director
under commission rules because of the operation's design, the
manner of activities conducted at the operation, or the number of
animals confined at the operation.
SECTION ____. Subchapter B, Chapter 26, Water Code, is
amended by adding Section 26.0287 to read as follows:
Sec. 26.0287. REGULATION OF CERTAIN ANIMAL FEEDING
OPERATIONS IN IMPAIRED WATERSHEDS. (a) In this section, "new
concentrated animal feeding operation" means a proposed
concentrated animal feeding operation, any part of which is located
on property that does not have a concentrated animal feeding
operation on it.
(b) The commission may authorize by rule or by a general
permit the construction or operation of a new concentrated animal
feeding operation or an increase in the number of animals confined
under an existing individual authorization or registration. The
rule or general permit may not apply statewide unless the rule or
permit applies uniformly the requirements of Subsection (c).
(c) A rule or general permit under Subsection (b) that
applies to an existing or new concentrated animal feeding operation
that is located or proposed to be located in a major feeding
operations impaired watershed or for which the waste application
area serving the operation is located or proposed to be located in
a major feeding operations impaired watershed must:
(1) require that 100 percent of all the manure
produced by all the animals in confinement at the operation, or
another proportion of collectible manure provided by commission
rule, be removed from the facility; and
(2) prohibit the discharge of agricultural wastes of
the operation to or adjacent to water in this state.
(d) Rules concerning the removal of manure adopted under
Subsection (c)(1) may provide for different proportions of manure
to be removed for different species of confined animals.
(e) This section does not limit the commission's authority
to:
(1) prescribe water quality control practices for
animal feeding operations by rule, general permit, or individual
permit; or
(2) include provisions in a rule, general permit, or
individual permit as necessary to protect water resources in this
state.
(f) The commission may not issue a general permit to
authorize the discharge of agricultural waste into or adjacent to
waters in the state from a animal feeding operation if such waters
are within a major feeding operations impaired watershed.
SECTION ____. Subchapter B, Chapter 26, Water Code, is
amended by adding Section 26.0425 to read as follows:
Sec. 26.0425. SOIL TESTING IN CERTAIN IMPAIRED WATERSHEDS.
(a) In this section, "waste application field" means an area of
land on which agricultural waste from an animal feeding operation
or concentrated animal feeding operation has been applied for
beneficial use.
(b) The commission shall collect one or more representative
soil samples from each waste application field serving an animal
feeding operation or concentrated animal feeding operation that is
located in a major feeding operations impaired watershed.
(c) The commission shall:
(1) test each sample for phosphorus and any other
constituent designated by commission rule; and
(2) provide the test results to the operator of the
operation.
(d) The commission and employees or agents of the commission
may enter public or private property at any reasonable time for
activities reasonably related to the purposes of this section. The
commission may enforce this right as provided by Section 7.032,
7.051, 7.052, or 7.105.
(e) The commission by rule shall implement this section.
The rules must provide for the scheduling and manner of the
required testing.
(2) Renumber subsequent articles and sections of the bill
appropriately.