By Sibley                                              S.B. No. 325
         77R5919 JJT-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to protection of water quality from certain animal feeding
 1-3     operations.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 26.001, Water Code, is amended by adding
 1-6     Subdivisions (27), (28), and (29) to read as follows:
 1-7                 (27)  "Animal feeding operation" means an area of land
 1-8     where animals have been, are, or will be stabled or confined and
 1-9     fed or maintained for 45 days or more in any 12-month period, the
1-10     confinement areas of which do not sustain crops, vegetation, forage
1-11     growth, or postharvest residues in the normal growing season.  The
1-12     term includes two or more such areas under common ownership that
1-13     adjoin or use a common area or system for the disposal or
1-14     beneficial use of wastes.  The term does not include a facility for
1-15     aquatic animal production.
1-16                 (28)  "Feeding operation impaired watershed" means the
1-17     watershed of any body of water that:
1-18                       (A)  on September 1, 2001, is on the list of
1-19     impaired state waters adopted by the commission as required by 33
1-20     U.S.C. Section 1313(d); and
1-21                       (B)  the executive director has determined to be
1-22     impaired by the presence of elevated nutrients caused to any degree
1-23     by:
1-24                             (i)  discharge of agricultural waste from
 2-1     an animal feeding operation or concentrated animal feeding
 2-2     operation; or
 2-3                             (ii)  discharge or runoff of pollution from
 2-4     land application of agricultural waste from an animal feeding
 2-5     operation or concentrated animal feeding operation.
 2-6                 (29)  "Twenty-five-year daily rainfall event" means the
 2-7     amount of rainfall, as determined by the executive director, for
 2-8     the maximum rainfall event in any 24-hour period for a particular
 2-9     geographic area, with a probable recurrence interval of once in 25
2-10     years.
2-11           SECTION 2. Subchapter B, Chapter 26, Water Code, is amended
2-12     by adding Section 26.0287 to read as follows:
2-13           Sec. 26.0287.  REGULATION OF CERTAIN ANIMAL FEEDING
2-14     OPERATIONS IN IMPAIRED WATERSHEDS. (a)  In this section, "new
2-15     concentrated animal feeding operation" means a proposed
2-16     concentrated animal feeding operation any part of which is located
2-17     on property that does not have a concentrated animal feeding
2-18     operation on it.
2-19           (b)  The commission may authorize by rule or by a general
2-20     permit the construction or operation of a new concentrated animal
2-21     feeding operation or an increase in the number of animals confined
2-22     under an existing individual authorization or registration.  The
2-23     rule or general permit may not apply to an existing or new
2-24     concentrated animal feeding operation if the operation or the waste
2-25     application area serving the operation is located or proposed to be
2-26     located in a feeding operation impaired watershed with a
2-27     twenty-five-year daily rainfall event of more than seven inches.
 3-1           (c)  The commission may authorize the construction or
 3-2     operation of a new concentrated animal feeding operation or an
 3-3     increase in the number of animals confined under an existing
 3-4     individual authorization or registration if the operation or the
 3-5     waste application area serving the operation is located or proposed
 3-6     to be located in a watershed described by Subsection (b).  The
 3-7     authorization may be made only by:
 3-8                 (1)  a new or amended individual permit; or
 3-9                 (2)  a general permit specific to the watershed.
3-10           (d)  An individual or general permit issued or amended under
3-11     Subsection (c) must:
3-12                 (1)  provide for the proper management and disposal of
3-13     liquid waste; and
3-14                 (2)  require that 75 percent of all the manure produced
3-15     by all the animals in confinement at the operation, or another
3-16     proportion of collectible manure provided by commission rule, must
3-17     be removed from the facility and:
3-18                       (A)  disposed of or used outside of the
3-19     watershed; or
3-20                       (B)  delivered to a composting facility approved
3-21     by the executive director.
3-22           (e)  Rules concerning manure adopted under Subsection (d)(2)
3-23     may provide different proportions of manure to be removed for
3-24     different species of confined animals.
3-25           (f)  This section does not limit the commission's authority
3-26     to:
3-27                 (1)  prescribe water quality control practices for
 4-1     animal feeding operations by rule or general permit; or
 4-2                 (2)  include provisions in an individual or general
 4-3     permit as necessary to protect water resources in this state.
 4-4           SECTION 3. Subchapter B, Chapter 26, Water Code, is amended
 4-5     by adding Section 26.0425 to read as follows:
 4-6           Sec. 26.0425.  SOIL TESTING IN CERTAIN IMPAIRED WATERSHEDS.
 4-7     (a)  In this section, "waste application field" means an area of
 4-8     land:
 4-9                 (1)  on which agricultural waste from an animal feeding
4-10     operation or concentrated animal feeding operation has been applied
4-11     for beneficial use; and
4-12                 (2)  that is under the ownership and control of the
4-13     owner or operator of the animal feeding operation or concentrated
4-14     animal feeding operation.
4-15           (b)  The commission shall collect one or more representative
4-16     soil samples from each waste application field serving an animal
4-17     feeding operation or concentrated animal feeding operation that is
4-18     located in a feeding operation impaired watershed with a
4-19     twenty-five-year daily rainfall event of more than seven inches.
4-20           (c)  The commission shall test each sample for phosphorus and
4-21     any other constituent as required by commission rule and shall make
4-22     the test results available to the operator of the operation.
4-23           (d)  The commission and employees and agents of the
4-24     commission may enter public or private property at any reasonable
4-25     time for activities reasonably related to the purposes of this
4-26     section.  The commission may enforce this right as provided by
4-27     Section 7.032, 7.051, 7.052, or 7.105.
 5-1           (e)  The commission by rule shall implement this section.
 5-2     The rules must provide for the scheduling and manner of the
 5-3     required testing.
 5-4           SECTION 4.  This Act takes effect September 1, 2001.