Substitute the following for the Dunnam/Averitt amendment to the
Dunnam/Averitt amendment:
Amend the Dunnam/Averitt Amendment (page 93 of the amendment
packet) to CSHB 2912 by striking everything after line 3 and
substituting the following:
ARTICLE ____ PROTECTION OF CERTAIN WATERSHEDS
SECTION _______ Chapter 26, Water Code, is amended by adding
Subchapter L to read as follows:
SUBCHAPTER L. PROTECTION OF CERTAIN WATERSHEDS
Sec. 26.501. DEFINITIONS. In this subchapter:
(1) "Concentrated animal feeding operation" has the
meaning assigned by 30 Tex. Admin. Code Section 321.32 on the
effective date of this subchapter.
(2) "New concentrated animal feeding operation" means
a proposed concentrated animal feeding operation, any part of which
is located on property not previously authorized by the state to be
operated as a concentrated animal feeding operation.
(3) "Waste application field" means an area of land
owned or controlled by an operator of a concentrated animal feeding
operation on which agricultural waste from a concentrated animal
feeding operation has been applied.
Sec. 26.502. APPLICABILITY. This subchapter applies only in
a watershed that contains a reservoir:
(1) that is used by a municipality as a sole source of
drinking water supply for a population, inside and outside of its
municipal boundaries, of more than 140,000; and
(2) at least half of the water flowing into which is
from a source that, on the effective date of this subchapter, is on
the list of impaired state waters adopted by the commission as
required by 33 U.S.C. Section 1313(d), as amended:
(A) at least in part because of concerns
regarding pathogens and phosphorus; and
(B) for which the commission has prepared and
submitted a total maximum daily load standard.
Sec. 26.503. REGULATION OF CERTAIN CONCENTRATED ANIMAL
FEEDING OPERATION WASTES. (a) The commission may authorize the
construction or operation of a new concentrated animal feeding
operation, or an increase in the animals confined under an existing
operation, with a waste application field only by:
(1) a new or amended individual permit; or
(2) a general permit specific to the watershed where
the operation or application field owned or controlled by the owner
or operator of the operation is or is proposed to be located.
(b) The individual or general permit issued or amended under
Subsection (a) must:
(1) provide for management and disposal of waste in
accordance with Subchapter B, Chapter 321, Title 30, Texas
Administrative Code; and
(2) require that 100 percent of the collectible manure
produced by the additional animals in confinement at an expanded
operation or all of the animals in confinement at a new operation
must be:
(A) disposed of or used outside of the
watershed;
(B) delivered to a composting facility approved
by the executive director;
(C) applied to a waste application field that is
not owned or operated by an owner or operator of a concentrated
animal feeding operation;
(D) put to another beneficial use approved by
the executive director; or
(E) be applied to a waste application field that
is owned or operated by the owner or operator of the concentrated
animal feeding operation only if:
(i) results of representative composite
soil sampling conducted at the waste application field and filed
with the commission show that the waste application field contains
200 or fewer parts per million of extractable phosphorus (reported
as P); or
(ii) the manure is applied, with
commission approval, in accordance with a detailed nutrient
utilization plan developed by:
(a) an employee of the
United States Department of Agriculture's Natural Resources
Conservation Service;
(b) a nutrient management
specialist certified by the United States Department of
Agriculture's Natural Resources Conservation Service;
(c) the State Soil and
Water Conservation Board;
(d) the Texas Agricultural
Extension Service;
(e) an agronomist or soil
scientist on the full-time staff of an accredited university
located in this state; or
(f) a professional
agronomist or soil scientist certified by the American Society of
Agronomy.
(c) This section does not limit the commission's authority
to include in an individual or general permit under this chapter
provisions necessary to protect a water resource in this state.
Sec. 26.504. WASTE APPLICATION FIELD SOIL SAMPLING AND
TESTING. (a) The operator of a concentrated animal feeding
operation shall contract with a person described by Section
26.503(b)(2)(E) to collect one or more representative composite
soil samples from each waste application field. The operator shall
have sampling performed under this subsection not less often than
once every 12 months.
(b) Each sample collected under this section must be tested
for phosphorus and any other nutrient designated by the executive
director. The test results must be made available to the executive
director and the operator of the concentrated animal feeding
operation. The test results are public records of the commission.
(c) If the samples tested under Subsection (b) show a
phosphorus level in the soil of more than 500 parts per million,
the operator shall file with the commission a new or amended
nutrient utilization plan with a phosphorus reduction component
that is certified as acceptable by a person listed by Section
26.503(b)(2)(E).
(d) If the samples tested under Subsection (b) show a
phosphorus level in the soil of more than 200 parts per million but
500 or less parts per million, the operator shall file with the
commission:
(1) a new or amended nutrient utilization plan with a
phosphorus reduction component that is certified as acceptable by a
person listed by Section 26.503(b)(2)(E); or
(2) show that the level is supported by a nutrient
utilization plan certified as acceptable by a person listed by
Section 26.503(b)(2)(E).
(e) The owner or operator of a waste application field
required by this section to have a nutrient utilization plan with a
phosphorus reduction component for which the results of tests
performed on composite soil samples collected 12 months or more
after the plan is filed do not show a reduction in phosphorus is
subject to enforcement for a violation of this subchapter at the
discretion of the executive director. The executive director, in
determining whether to take an enforcement action under this
subsection, shall consider any explanation presented by the owner
or operator regarding the reasons for the lack of phosphorus
reduction, including an act of God, meteorologic conditions,
diseases, vermin, crop conditions, or variability of soil testing
results.
(f) The commission shall adopt rules to implement this
section. The rules must provide for the scheduling and manner of
the required soil testing and the form, content, and deadlines for
plans required under this section.
Sec. 26.505. PHOSPHORUS CLEANING PRODUCTS. A state or local
governmental entity located in the watershed may not use a
detergent or other cleaning product that contains phosphorus after
the expiration of six months after the effective date of this
subchapter.
ARTICLE _____ NORTH BOSQUE RIVER WATERSHED COUNCIL
SECTION _____ DEFINITIONS. In this Act:
(1) "Council" means the North Bosque River Watershed
Council.
(2) "Watershed" means the watershed to which
Subchapter L, Chapter 26, Water Code, as added by Article ___ of
this Act, applies.
SECTION ______ PURPOSE; COMPLIANCE WITH LEGAL REQUIREMENTS.
(a) The council is an advisory committee to the commission and may
make recommendations to the commission regarding a comprehensive
watershed protection plan to reduce pollutants reaching waterways
in the watershed.
(b) This article and the activities of the council do not
affect the obligation of any person to comply with any state or
federal law, rule, or regulation.
SECTION ______ CREATION AND COMPOSITION OF COUNCIL. (a) The
North Bosque River Watershed Council is created.
(b) The council is composed of the nonvoting members listed
by Subsection (c) of this section and the following voting members:
(1) a dairy producer appointed by the Dairy Farmers of
America;
(2) a dairy producer appointed by the Texas
Association of Dairymen;
(3) a representative of the environmental community
appointed by the chairman of the Texas Natural Resource
Conservation Commission;
(4) the general manager of the Texas Rural Water
Association;
(5) the president of the Brazos River Authority or a
member of the board of directors of the authority appointed by the
president;
(6) the commissioner of agriculture or a person
appointed by the commissioner of agriculture;
(7) a representative of the general agriculture
industry appointed by the chancellor of The Texas A&M University
System;
(8) a representative of the City of Waco appointed by
the mayor of the City of Waco; and
(9) a representative of a municipality in the
watershed other than the City of Waco appointed by the Texas
Municipal League.
(c) The nonvoting members of the council are:
(1) the mayor of the City of Temple or a member of the
city council of that municipality designated by the mayor;
(2) the mayor of the City of Comanche or a member of
the city council of that municipality designated by the mayor;
(3) a representative of Fort Hood appointed by the
commander of the fort;
(4) a representative of the Texas and Southwestern
Cattle Raisers Association, appointed by the president of the
association; and
(5) a representative of the Texas Farm Bureau selected
by the governing body of the Texas Farm Bureau.
SECTION ______ ORGANIZATION AND ADMINISTRATION OF COUNCIL.
(a) The council shall meet at least once each calendar quarter and
as necessary to fulfill its charges under Section ______ of this
Act.
(b) The commissioner of agriculture or the member of the
council appointed by the commissioner shall call the initial
meeting of the council and act as the presiding officer of the
council for the initial meeting.
(c) The council shall select a presiding officer and may
select other officers as it considers advisable.
(d) An action of the council requires a vote of two-thirds
of the voting members listed in Section _____ of this Act.
(e) The council may appoint subcommittees to make
recommendations to the full council. The council may provide a
subcommittee with nonvoting advisory members.
(f) A council member may not delegate a duty under this
article to another person but may use another person for technical
assistance.
(g) The council may hire or contract with a facilitator or
mediator to assist the council in its functions. The role and
responsibility of the facilitator or mediator are established by
the council.
SECTION ______ PUBLIC COMMENT. At each meeting of the
council, the council shall provide for not less than 30 minutes for
an opportunity for public comments on matters related to the
council's charges under Section _____ of this Act.
SECTION ______ CHARGES. (a) The council shall:
(1) review and comment on rules or regulations that
may affect the watershed proposed by:
(A) the Texas Natural Resource Conservation
Commission; or
(B) the United States Environmental Protection
Agency;
(2) review and comment on an education and
certification program for the implementation of best management
practices to ensure minimal contaminated runoff to waters of the
state in the watershed;
(3) review and evaluate a means to address any
contaminated runoff from waste application fields that are:
(A) owned by a municipality or other person who
is not subject to Subchapter B, Chapter 321, Title 30, Texas
Administrative Code; and
(B) located in the watershed;
(4) review and evaluate alternative treatment options
for dairy operation wastes in the watershed including:
(A) composting; and
(B) methods to reduce phosphorus content of
liquid wastes or lagoon wastes;
(5) recommend a site inspection program to verify that
facilities constructed in the watershed to comply with a permit
under Chapter 26, Water Code, conform to the approved design and
specifications;
(6) review and recommend means to achieve phosphorus
content reductions at wastewater treatment plants in the watershed
to a concentration of between one and two milligrams per liter;
(7) provide recommendations for phosphorus reduction
programs for municipalities in the watershed with the objective of
reducing or eliminating the:
(A) use of phosphate-based detergents and other
phosphate-based cleaning supplies; and
(B) excessive application of fertilizers on
lawns, golf courses, and other areas;
(8) coordinate with the Texas Natural Resource
Conservation Commission, the State Soil and Water Conservation
Board, the United States Department of Agriculture's Natural
Resources Conservation Service, and the Texas Agricultural
Extension Service in efforts to extend increased technical
assistance and training to agricultural and municipal waste
management personnel in the watershed;
(9) review and recommend water quality monitoring
efforts to assess the pollutant loading and effects of activities
in the watershed, including:
(A) studies at the edge of fields to assess the
direct runoff from waste application field stormwater and the
nutrient contributions from the watershed;
(B) in-stream monitoring at locations adjacent
to waste application fields that may receive runoff from the
fields; and
(C) assessment of other significant point
sources or nonpoint sources of pollution to the waters of the
watershed, including urban runoff and septic contributions;
(10) review and evaluate the process of the State Soil
and Water Conservation Board for developing water quality
management plans;
(11) consider and recommend other water quality
initiatives or studies to examine the effects on the watershed of
potential pollutants;
(12) review the effectiveness of composting efforts
and recommend means to increase the efficiency of composting
efforts or to increase the amount of waste composted;
(13) review and recommend methods for sampling and
testing soil phosphorus concentrations, including sampling and
testing required by Subchapter L, Chapter 26, Water Code, as added
by Article ___ of this Act;
(14) review available funding of and recommend avenues
for additional funding of alternative means to reduce or mitigate
point source and nonpoint source pollution; and
(15) review the economic effects of all current and
proposed rules of the Texas Natural Resource Conservation
Commission that affect the watershed.
(b) In undertaking its charges under this section, the
council shall seek the technical assistance of knowledgeable
persons, including a representative of:
(1) the Texas Natural Resource Conservation
Commission;
(2) the Texas Department of Agriculture;
(3) the Texas Water Development Board;
(4) the State Soil and Water Conservation Board;
(5) the United States Environmental Protection Agency;
(6) the Brazos River Authority;
(7) the Texas Institute for Applied Environmental
Research at Tarleton State University;
(8) the Texas Agricultural Extension Service;
(9) the United States Department of Agriculture,
including its Natural Resources Conservation Service;
(10) an appropriate unit of:
(A) Baylor University;
(B) Texas Tech University;
(C) The Texas A&M University System; or
(D) The University of Texas System; or
(11) the United States Army Corps of Engineers.
SECTION ______ FUNDING OF COUNCIL ACTIVITIES. (a) A state
agency included in the list of entities in Section _____ of this
Act may use money appropriated to it for a function related to
water quality for an activity of the council.
(b) The council may solicit and accept gifts or grants from
any person for the use of the council in fulfilling its charges
under Section _____ of this Act or administrative expenses of the
council.
(c) A voting or nonvoting member of the council is not
entitled to compensation for service on the council or to
reimbursement for travel expenses. A voting or nonvoting member of
the council who represents a city, university, or state agency may
receive reimbursement for travel expenses to which the member is
otherwise entitled.
SECTION ______ REPORT. The council shall prepare a report of
its activities, conclusions, and recommendations prepared with the
assistance of the Texas Natural Resource Conservation Commission.
Not later than December 1, 2002, the council shall provide the
report to the governor, the lieutenant governor, the speaker of the
house of representatives, and the presiding officer of each
committee of the senate and the house of representatives that has
jurisdiction over environmental or agricultural matters.
SECTION ______ EXPIRATION OF ARTICLE; ABOLITION OF COUNCIL.
The council is abolished and this article expires on the final day
of the 78th regular legislative session.
ARTICLE ______ TRANSITION; EFFECTIVE DATE
SECTION ______ INITIAL TESTING OF SOIL UNDER SUBCHAPTER L,
CHAPTER 26, WATER CODE. (a) Not later than the 180th day after the
effective date of this Act, the owner or operator of a waste
application field shall have the initial samples collected and
tested for phosphorus content under Section 26.504(a), Water Code,
as added by Article ___ of this Act. For purposes of this section,
the owner or operator may use the results of tests of samples of
soil taken not less than 12 months before the effective date of
this Act if the samples and tests meet the requirements of Section
26.504, Water Code, as added by Article ___ of this Act.
(b) For a waste application field that shows a phosphorus
level in the soil of more than 500 parts per million, the plan
required by Section 26.504, Water Code, as added by Article ___ of
this Act, must be filed or under contract for development not later
than the 90th day after the date the operator receives the soil
testing results.
(c) For a waste application field that shows a phosphorus
level in the soil of more than 200, but not more than 500, parts
per million, the plan or the documentation showing the level is
supported by a plan, as required by Section 26.504, Water Code, as
added by Article ___ of this Act, must be filed or under contract
for development not later than the 180th day after the date the
operator receives the soil testing results.