77R12308 E                           
         By Averitt, Dunnam                                    H.B. No. 2699
         Substitute the following for H.B. No. 2699:
         By Cook                                           C.S.H.B. No. 2699
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the protection of water quality in certain watersheds
 1-3     from pollution from animal feeding operations.
 1-6           SECTION 1.01. Chapter 26, Water Code, is amended by adding
 1-7     Subchapter L to read as follows:
 1-9           Sec. 26.501.  DEFINITIONS. In this subchapter:
1-10                 (1)  "Concentrated animal feeding operation" has the
1-11     meaning assigned by 30 Tex. Admin. Code Section 321.132 on the
1-12     effective date of this subchapter.
1-13                 (2)  "New concentrated animal feeding operation" means
1-14     a proposed concentrated animal feeding operation, any part of which
1-15     is located on property not previously authorized by the state to be
1-16     operated as a concentrated animal feeding operation.
1-17                 (3)  "Waste application field" means an area of land
1-18     owned or controlled by an operator of a concentrated animal feeding
1-19     operation on which agricultural waste from a concentrated animal
1-20     feeding operation has been applied.
1-21           Sec. 26.502.  APPLICABILITY. This subchapter applies only in
1-22     a watershed that contains a reservoir:
1-23                 (1)  that is used by a municipality as a sole source of
1-24     drinking water supply for a population, inside and outside of its
 2-1     municipal boundaries, of more than 140,000; and
 2-2                 (2)  at least half of the water flowing into which is
 2-3     from a source that, on the effective date of this subchapter, is on
 2-4     the list of impaired state waters adopted by the commission as
 2-5     required by 33 U.S.C. Section 1313(d), as amended:
 2-6                       (A)  at least in part because of concerns
 2-7     regarding pathogens and phosphorus; and
 2-8                       (B)  for which the commission has prepared and
 2-9     submitted a total maximum daily load standard.
2-11     FEEDING OPERATION WASTES. (a)  The commission may authorize the
2-12     construction or operation of a new concentrated animal feeding
2-13     operation, or an increase in the animals confined under an existing
2-14     operation, with a waste application field only by:
2-15                 (1)  a new or amended individual permit; or
2-16                 (2)  a general permit specific to the watershed where
2-17     the operation or application field owned or controlled by the owner
2-18     or operator of the operation is or is proposed to be located.
2-19           (b)  The individual or general permit issued or amended under
2-20     Subsection (a) must:
2-21                 (1)  provide for management and disposal of waste in
2-22     accordance with Subchapter B, Chapter 321, Title 30, Texas
2-23     Administrative Code; and
2-24                 (2)  require that 100 percent of the collectible manure
2-25     produced by the additional animals in confinement at an expanded
2-26     operation or all of the animals in confinement at a new operation
2-27     must be:
 3-1                       (A)  disposed of or used outside of the
 3-2     watershed;
 3-3                       (B)  delivered to a composting facility approved
 3-4     by the executive director;
 3-5                       (C)  applied to a waste application field that is
 3-6     not owned or operated by an owner or operator of a concentrated
 3-7     animal feeding operation;
 3-8                       (D)  put to another beneficial use approved by
 3-9     the executive director; or
3-10                       (E)  be applied to a waste application field that
3-11     is owned or operated by the owner or operator of the concentrated
3-12     animal feeding operation only if:
3-13                             (i)  results of representative composite
3-14     soil sampling conducted at the waste application field and filed
3-15     with the commission show that the waste application field contains
3-16     200 or fewer parts per million of extractable phosphorus (reported
3-17     as P); or
3-18                             (ii)  the manure is applied, with
3-19     commission approval, in accordance with a detailed nutrient
3-20     utilization plan developed by:
3-21                                   (a)  an employee of the United States
3-22     Department of Agriculture's Natural Resources Conservation Service;
3-23                                   (b)  a nutrient management specialist
3-24     certified by the United States Department of Agriculture's Natural
3-25     Resources Conservation Service;
3-26                                   (c)  the State Soil and Water
3-27     Conservation Board;
 4-1                                   (d)  the Texas Agricultural Extension
 4-2     Service;
 4-3                                   (e)  an agronomist or soil scientist
 4-4     on the full-time staff of an accredited university located in this
 4-5     state; or
 4-6                                   (f)  a professional agronomist or
 4-7     soil scientist certified by the American Society of Agronomy.
 4-8           (c)  This section does not limit the commission's authority
 4-9     to include in an individual or general permit under this chapter
4-10     provisions necessary to protect a water resource in this state.
4-12     TESTING. (a)  The operator of a concentrated animal feeding
4-13     operation shall contract with a person described by Section
4-14     26.503(b)(2)(E) to collect one or more representative composite
4-15     soil samples from each waste application field.  The operator shall
4-16     have sampling performed under this subsection not less often than
4-17     once every 12 months.
4-18           (b)  Each sample collected under this section must be tested
4-19     for phosphorus and any other nutrient designated by the executive
4-20     director.  The test results must be made available to the executive
4-21     director and the operator of the concentrated animal feeding
4-22     operation.  The test results are public records of the commission.
4-23           (c)  If the samples tested under Subsection (b) show a
4-24     phosphorus level in the soil of more than 500 parts per million,
4-25     the operator shall file with the commission a new or amended
4-26     nutrient utilization plan with a phosphorus reduction component
4-27     that is certified as acceptable by a person listed by Section
 5-1     26.503(b)(2)(E).
 5-2           (d)  If the samples tested under Subsection (b) show a
 5-3     phosphorus level in the soil of more than 200 parts per million but
 5-4     less than 500 parts per million, the operator shall file with the
 5-5     commission:
 5-6                 (1)  a new or amended nutrient utilization plan with a
 5-7     phosphorus reduction component that is certified as acceptable by a
 5-8     person listed by Section 26.503(b)(2)(E); or
 5-9                 (2)  show that the level is supported by a nutrient
5-10     utilization plan certified as acceptable by a person listed by
5-11     Section 26.503(b)(2)(E).
5-12           (e)  The owner or operator of a waste application field
5-13     required by this section to have a nutrient utilization plan with a
5-14     phosphorus reduction component for which the results of tests
5-15     performed on composite soil samples collected 12 months or more
5-16     after the plan is filed do not show a reduction in phosphorus is
5-17     subject to enforcement for a violation of this subchapter at the
5-18     discretion of the executive director.  The executive director, in
5-19     determining whether to take an enforcement action under this
5-20     subsection, shall consider any explanation presented by the owner
5-21     or operator regarding the reasons for the lack of phosphorus
5-22     reduction, including an act of God, meteorologic conditions,
5-23     diseases, vermin, crop conditions, or variability of soil testing
5-24     results.
5-25           (f)  The commission shall adopt rules to implement this
5-26     section.  The rules must provide for the scheduling and manner of
5-27     the required soil testing and the form, content, and deadlines for
 6-1     plans required under this section.
 6-2           Sec. 26.505.  PHOSPHORUS CLEANING PRODUCTS. A state or local
 6-3     governmental entity located in the watershed may not use a
 6-4     detergent or other cleaning product that contains phosphorus after
 6-5     the expiration of six months after the effective date of this
 6-6     subchapter.
 6-8           SECTION 2.01.  DEFINITIONS.  In this Act:
 6-9                 (1)  "Council" means the North Bosque River Watershed
6-10     Council.
6-11                 (2)  "Watershed" means the watershed to which
6-12     Subchapter L, Chapter 26, Water Code, as added by Article I of this
6-13     Act, applies.
6-15     (a)  The council is an advisory committee to the commission and may
6-16     make recommendations to the commission regarding a comprehensive
6-17     watershed protection plan to reduce pollutants reaching waterways
6-18     in the watershed.
6-19           (b)  This article and the activities of the council do not
6-20     affect the obligation of any person to comply with any state or
6-21     federal law, rule, or regulation.
6-23     North Bosque River Watershed Council is created.
6-24           (b)  The council is composed of the nonvoting members listed
6-25     by Subsection (c) of this section and the following voting members:
6-26                 (1)  a dairy producer appointed by the Dairy Farmers of
6-27     America;
 7-1                 (2)  a dairy producer appointed by the Texas
 7-2     Association of Dairymen;
 7-3                 (3)  a representative of the environmental community
 7-4     appointed by the chairman of the Texas Natural Resource
 7-5     Conservation Commission;
 7-6                 (4)  the general manager of the Texas Rural Water
 7-7     Association;
 7-8                 (5)  the president of the Brazos River Authority or a
 7-9     member of the board of directors of the authority appointed by the
7-10     president;
7-11                 (6)  the commissioner of agriculture or a person
7-12     appointed by the commissioner of agriculture;
7-13                 (7)  a representative of the general agriculture
7-14     industry appointed by the chancellor of The Texas A&M University
7-15     System;
7-16                 (8)  a representative of the City of Waco appointed by
7-17     the mayor of the City of Waco; and
7-18                 (9)  a representative of a municipality in the
7-19     watershed other than the City of Waco appointed by the Texas
7-20     Municipal League.
7-21           (c)  The nonvoting members of the council are:
7-22                 (1)  the mayor of the City of Temple or a member of the
7-23     city council of that municipality designated by the mayor;
7-24                 (2)  the mayor of the City of Comanche or a member of
7-25     the city council of that municipality designated by the mayor;
7-26                 (3)  a representative of Fort Hood appointed by the
7-27     commander of the fort;
 8-1                 (4)  a representative of the Texas and Southwestern
 8-2     Cattle Raisers Association, appointed by the president of the
 8-3     association; and
 8-4                 (5)  a representative of the Texas Farm Bureau selected
 8-5     by the governing body of the Texas Farm Bureau.
 8-7     (a)  The council shall meet at least once each calendar quarter and
 8-8     as necessary to fulfill its charges under Section 2.06 of this Act.
 8-9           (b)  The commissioner of agriculture or the member of the
8-10     council appointed by the commissioner shall call the initial
8-11     meeting of the council and act as the presiding officer of the
8-12     council for the initial meeting.
8-13           (c)  The council shall select a presiding officer and may
8-14     select other officers as it considers advisable.
8-15           (d)  An action of the council requires a vote of two-thirds
8-16     of the voting members listed in Section 2.03 of this Act.
8-17           (e)  The council may appoint subcommittees to make
8-18     recommendations to the full council.  The council may provide a
8-19     subcommittee with nonvoting advisory members.
8-20           (f)  A council member may not delegate a duty under this
8-21     article to another person but may use another person for technical
8-22     assistance.
8-23           (g)  The council may hire or contract with a facilitator or
8-24     mediator to assist the council in its functions.  The role and
8-25     responsibility of the facilitator or mediator are established by
8-26     the council.
8-27           SECTION 2.05.  PUBLIC COMMENT.  At each meeting of the
 9-1     council, the council shall provide for not less than 30 minutes for
 9-2     an opportunity for public comments on matters related to the
 9-3     council's charges under Section 2.06 of this Act.
 9-4           SECTION 2.06.  CHARGES. (a)  The council shall:
 9-5                 (1)  review and comment on rules or regulations that
 9-6     may affect the watershed proposed by:
 9-7                       (A)  the Texas Natural Resource Conservation
 9-8     Commission; or
 9-9                       (B)  the United States Environmental Protection
9-10     Agency;
9-11                 (2)  review and comment on an education and
9-12     certification program for the implementation of best management
9-13     practices to ensure minimal contaminated runoff to waters of the
9-14     state in the watershed;
9-15                 (3)  review and evaluate a means to address any
9-16     contaminated runoff from waste application fields that are:
9-17                       (A)  owned by a municipality or other person who
9-18     is not subject to Subchapter B, Chapter 321, Title 30, Texas
9-19     Administrative Code; and
9-20                       (B)  located in the watershed;
9-21                 (4)  review and evaluate alternative treatment options
9-22     for dairy operation wastes in the watershed including:
9-23                       (A)  composting; and
9-24                       (B)  methods to reduce phosphorus content of
9-25     liquid wastes or lagoon wastes;
9-26                 (5)  recommend a site inspection program to verify that
9-27     facilities constructed in the watershed to comply with a permit
 10-1    under Chapter 26, Water Code, conform to the approved design and
 10-2    specifications;
 10-3                (6)  review and recommend means to achieve phosphorus
 10-4    content reductions at wastewater treatment plants in the watershed
 10-5    to a concentration of between one and two milligrams per liter;
 10-6                (7)  provide recommendations for phosphorus reduction
 10-7    programs for municipalities in the watershed with the objective of
 10-8    reducing or eliminating the:
 10-9                      (A)  use of phosphate-based detergents and other
10-10    phosphate-based cleaning supplies; and
10-11                      (B)  excessive application of fertilizers on
10-12    lawns, golf courses, and other areas;
10-13                (8)  coordinate with the Texas Natural Resource
10-14    Conservation Commission, the State Soil and Water Conservation
10-15    Board, the United States Department of Agriculture's Natural
10-16    Resources Conservation Service, and the Texas Agricultural
10-17    Extension Service in efforts to extend increased technical
10-18    assistance and training to agricultural and municipal waste
10-19    management personnel in the watershed;
10-20                (9)  review and recommend water quality monitoring
10-21    efforts to assess the pollutant loading and effects of activities
10-22    in the watershed, including:
10-23                      (A)  studies at the edge of fields to assess the
10-24    direct runoff from waste application field stormwater and the
10-25    nutrient contributions from the watershed;
10-26                      (B)  in-stream monitoring at locations adjacent
10-27    to waste application fields that may receive runoff from the
 11-1    fields; and
 11-2                      (C)  assessment of other significant point
 11-3    sources or nonpoint sources of pollution to the waters of the
 11-4    watershed, including urban runoff and septic contributions;
 11-5                (10)  review and evaluate the process of the State Soil
 11-6    and Water Conservation Board for developing water quality
 11-7    management plans;
 11-8                (11)  consider and recommend other water quality
 11-9    initiatives or studies to examine the effects on the watershed of
11-10    potential pollutants;
11-11                (12)  review the effectiveness of composting efforts
11-12    and recommend means to increase the efficiency of composting
11-13    efforts or to increase the amount of waste composted;
11-14                (13)  review and recommend methods for sampling and
11-15    testing soil phosphorus concentrations, including sampling and
11-16    testing required by Subchapter L, Chapter 26, Water Code, as added
11-17    by Article I of this Act;
11-18                (14)  review available funding of and recommend avenues
11-19    for additional funding of alternative means to reduce or mitigate
11-20    point source and nonpoint source pollution; and
11-21                (15)  review the economic effects of all current and
11-22    proposed rules of the Texas Natural Resource Conservation
11-23    Commission that affect the watershed.
11-24          (b)  In undertaking its charges under this section, the
11-25    council shall seek the technical assistance of knowledgeable
11-26    persons, including a representative of:
11-27                (1)  the Texas Natural Resource Conservation
 12-1    Commission;
 12-2                (2)  the Texas Department of Agriculture;
 12-3                (3)  the Texas Water Development Board;
 12-4                (4)  the State Soil and Water Conservation Board;
 12-5                (5)  the United States Environmental Protection Agency;
 12-6                (6)  the Brazos River Authority;
 12-7                (7)  the Texas Institute for Applied Environmental
 12-8    Research at Tarleton State University;
 12-9                (8)  the Texas Agricultural Extension Service;
12-10                (9)  the United States Department of Agriculture,
12-11    including its Natural Resources Conservation Service;
12-12                (10)  an appropriate unit of:
12-13                      (A)  Baylor University;
12-14                      (B)  Texas Tech University;
12-15                      (C)  The Texas A&M University System; or
12-16                      (D)  The University of Texas System; or
12-17                (11)  the United States Army Corps of Engineers.
12-18          SECTION 2.07.  FUNDING OF COUNCIL ACTIVITIES. (a)  A state
12-19    agency included in the list of entities in Section 2.06(b) of this
12-20    Act may use money appropriated to it for a function related to
12-21    water quality for an activity of the council.
12-22          (b)  The council may solicit and accept gifts or grants from
12-23    any person for the use of the council in fulfilling its charges
12-24    under Section 2.06 of this Act or administrative expenses of the
12-25    council.
12-26          (c)  A voting or nonvoting member of the council is not
12-27    entitled to compensation for service on the council or to
 13-1    reimbursement for travel expenses.  A voting or nonvoting member of
 13-2    the council who represents a city, university, or state agency may
 13-3    receive reimbursement for travel expenses to which the member is
 13-4    otherwise entitled.
 13-5          SECTION 2.08.  REPORT. The council shall prepare a report of
 13-6    its activities, conclusions, and recommendations prepared with the
 13-7    assistance of the Texas Natural Resource Conservation Commission.
 13-8    Not later than December 1, 2002, the council shall provide the
 13-9    report to the governor, the lieutenant governor, the speaker of the
13-10    house of representatives, and the presiding officer of each
13-11    committee of the senate and the house of representatives that has
13-12    jurisdiction over environmental or agricultural matters.
13-14    The council is abolished and this article expires on the final day
13-15    of the 78th regular legislative session.
13-18    CHAPTER 26, WATER CODE. (a)  Not later than the 180th day after the
13-19    effective date of this Act, the owner or operator of a waste
13-20    application field shall have the initial samples collected and
13-21    tested for phosphorus content under Section 26.504(a), Water Code,
13-22    as added by Article I of this Act.  For purposes of this section,
13-23    the owner or operator may use the results of tests of samples of
13-24    soil taken not less than 12 months before the effective date of
13-25    this Act if the samples and tests meet the requirements of Section
13-26    26.504, Water Code, as added by Article I of this Act.
13-27          (b)  For a waste application field that shows a phosphorus
 14-1    level in the soil of more than 500 parts per million, the plan
 14-2    required by Section 26.504, Water Code, as added by Article I of
 14-3    this Act, must be filed or under contract for development not later
 14-4    than the 90th day after the date the operator receives the soil
 14-5    testing results.
 14-6          (c)  For a waste application field that shows a phosphorus
 14-7    level in the soil of more than 200, but not more than 500, parts
 14-8    per million, the plan or the documentation showing the level is
 14-9    supported by a plan, as required by Section 26.504, Water Code, as
14-10    added by Article I of this Act, must be filed or under contract for
14-11    development not later than the 180th day after the date the
14-12    operator receives the soil testing results.
14-13          SECTION 3.02.  EFFECTIVE DATE. This Act takes effect
14-14    immediately if it receives a vote of two-thirds of all the members
14-15    elected to each house, as provided by Section 39, Article III,
14-16    Texas Constitution.  If this Act does not receive the vote
14-17    necessary for immediate effect, this Act takes effect September 1,
14-18    2001.