SRC-MKV H.B. 3023 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 3023
77R10993 MI-FBy: Chisum (Bivins)
Natural Resources
5/9/2001
Engrossed


DIGEST AND PURPOSE 

The 76th Legislature enacted legislation that subjects an application for a
confined animal feeding operation (CAFO) to a contested case hearing if the
CAFO is sufficiently close to a sole-source surface drinking water supply
(water supply). If the CAFO is not sufficiently close, permit applications
are generally subject to a less stringent permitting process. However,
confusion exists over the vague meaning of "sufficiently close" and the
implementation of stricter regulations for CAFOs near water supplies has
been delayed. H.B. 3023 clarifies which CAFOs are sufficiently close to a
water supply by requiring the Texas Natural Resource Conservation
Commission to designate a protection zone around a water supply and
specifies the location of a protection zone.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 26.0286, Water Code, as follows:

Sec. 26.0286.  PROCEDURES APPLICABLE TO PERMITS FOR CERTAIN CONCENTRATED
ANIMAL FEEDING OPERATIONS. (a) Defines "sole-source" and "protection zone." 

(b) Adds language relating to the Texas Natural Resource Conservation
Commission (commission) determining that the application is
administratively complete. 

(c)  Requires the commission, when adopting rules under Section 26.023 to
set water quality standards for water in the state, to designate a surface
water body as a sole-source drinking water supply if that surface water
body is identified as a public water supply in rules adopted by the
commission under Section 26.023 and is the sole source of supply of a
public water supply system, exclusive of emergency water connections.
Requires that at the same time, the commission designate as a protection
zone any area within the watershed of a sole-source surface drinking water
supply that meets certain requirements. 
  
SECTION 2.  Requires that not later than the 45th day after the effective
date of this Act, the Texas Natural Resource Conservation Commission by
order identify surface water bodies that are considered "sole-source
drinking water supplies" for purposes of Section 26.0286(b), Water Code, as
amended by this Act, and designate the protection zones for those
identified water bodies.  Provides that the order expires on the date on
which the commission adopts final rules under Section 26.0286(c), Water
Code, as added by this Act. 

SECTION 3.  Effective date: September 1, 2001.