1-1 By: Chisum (Senate Sponsor - Bivins) H.B. No. 3023
1-2 (In the Senate - Received from the House May 7, 2001;
1-3 May 7, 2001, read first time and referred to Committee on Natural
1-4 Resources; May 11, 2001, reported favorably by the following vote:
1-5 Yeas 6, Nays 0; May 11, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to water quality permit applications for certain
1-9 facilities located near a sole-source drinking water supply.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 26.0286, Water Code, is amended to read
1-12 as follows:
1-13 Sec. 26.0286. PROCEDURES APPLICABLE TO PERMITS FOR CERTAIN
1-14 CONCENTRATED ANIMAL FEEDING OPERATIONS. (a) In this section:
1-15 (1) "Sole-source [, "sole-source] surface drinking
1-16 water supply" means a body of surface water that[:]
1-17 [(1)] is designated as a sole-source surface [public]
1-18 water supply in rules adopted by the commission under Section
1-19 26.023[; and]
1-20 [(2) is the single source of supply of a public water
1-21 supply system, exclusive of emergency water interconnections].
1-22 (2) "Protection zone" means an area so designated by
1-23 commission rule under Subsection (c).
1-24 (b) The commission shall process an application for
1-25 authorization to construct or operate a concentrated animal feeding
1-26 operation as a specific permit under Section 26.028 subject to the
1-27 procedures provided by Subchapter M, Chapter 5, if, on the date the
1-28 commission determines that the application is administratively
1-29 complete, any part of a pen, lot, pond, or other type of control or
1-30 retention facility or structure of the concentrated animal feeding
1-31 operation is located or proposed to be located within the
1-32 protection zone of a sole-source surface drinking water supply.
1-33 For the purposes of this subsection, a land application area is not
1-34 considered a control or retention facility[:]
1-35 [(1) in the watershed of a sole-source surface
1-36 drinking water supply; and]
1-37 [(2) sufficiently close, as determined by the
1-38 commission by rule, to an intake of a public water supply system in
1-39 the sole-source surface drinking water supply that contaminants
1-40 discharged from the concentrated animal feeding operation could
1-41 potentially affect the public drinking water supply].
1-42 (c) When adopting rules under Section 26.023 to set water
1-43 quality standards for water in the state, the commission shall
1-44 designate a surface water body as a sole-source drinking water
1-45 supply if that surface water body is identified as a public water
1-46 supply in rules adopted by the commission under Section 26.023 and
1-47 is the sole source of supply of a public water supply system,
1-48 exclusive of emergency water connections. At the same time, the
1-49 commission shall designate as a protection zone any area within the
1-50 watershed of a sole-source surface drinking water supply that is:
1-51 (1) within two miles of the normal pool elevation of a
1-52 body of surface water that is a sole-source surface drinking water
1-53 supply;
1-54 (2) within two miles of that part of a perennial
1-55 stream that is:
1-56 (A) a tributary of a sole-source surface
1-57 drinking water supply; and
1-58 (B) within three linear miles upstream of the
1-59 normal pool elevation of a sole-source surface drinking water
1-60 supply; or
1-61 (3) within two miles of that part of a stream that is
1-62 a sole-source surface drinking water supply, extending three linear
1-63 miles upstream from the water supply intake.
1-64 SECTION 2. Not later than the 45th day after the effective
2-1 date of this Act, the Texas Natural Resource Conservation
2-2 Commission by order shall identify surface water bodies that are
2-3 considered "sole-source drinking water supplies" for purposes of
2-4 Section 26.0286(b), Water Code, as amended by this Act, and shall
2-5 designate the protection zones for those identified water bodies.
2-6 The order expires on the date on which the commission adopts final
2-7 rules under Section 26.0286(c), Water Code, as added by this Act.
2-8 SECTION 3. This Act takes effect September 1, 2001.
2-9 * * * * *